Court rules Morgan out of TVNZ clashes

Gareth Morgan will not join Television New Zealand’s political debates in the final weeks before this month’s election, a court has ruled.

The founder and leader of The Opportunities Party (TOP) filed an application for an urgent judicial review on Wednesday after TVNZ excluded him from its political debates in the lead-up to September 23.

The hearing was heard before Justice Geoffrey Venning in the High Court at Auckland yesterday afternoon. The judge ruled against allowing Morgan’s application for judicial review.

Venning said this year’s election campaign was proving “extremely volatile” with poll results shifting greatly.

The broadcaster played an important role in a free and democratic society to provide voters with the opportunity to make an informed decision, the judge said.

However, he said he was not satisfied Morgan had a case.

TVNZ’s top executives were sitting in the public gallery, including head of news and current affairs John Gillespie.

“Debate about debate is a good thing. Scrutiny about what we do in this election cycle is really important,” Gillespie said after the decision.

He was “really happy” the court had validated its selection criteria.

Broadcaster and TOP press secretary Sean Plunket was also in court.

TVNZ excluded TOP from tonight’s debate and next week’s TVNZ youth debate at Auckland University.

It said the party, founded last year, was not polling high enough to warrant a place in the minor parties debate.

There are 16 registered parties competing in this year’s election.

TVNZ has a policy not to include parties that were outside Parliament in election debates unless they had reached a 3 per cent threshold in at least one of the most recent 1 News Colmar Brunton polls. TOP has not reached the 3 per cent mark.

The court heard that a 1 News Colmar Brunton poll, which was released last night, had TOP at 1.9 per cent.

TOP reached 2.1 per cent in early August, according to a 1 News Colmar Brunton poll.

Gareth Morgan’s lawyer, Francis Cooke QC, argued the role that TVNZ was assuming.

“TVNZ are promoting that leaders’ debate as a debate bringing together potential coalition partners,” Cooke said.

“The problem with that role being assumed is that Mr Morgan’s party has been excluded from the process.”

Cooke said TVNZ assumed Morgan was not a potential coalition partner, which he said was irresponsible given evidence from previous elections.

“You’re going back to the worm?” Justice Venning asked.

“The worm,” Cooke affirmed, in reference to United Future leader Peter Dunne’s poll surge in 2002.

TVNZ’s lawyers, led by Stacey Shortall, argued that by allowing Morgan to join, further judicial applications from other minor parties may be filed, using further court resources.

“Well that’s what we’re here for,” Justice Venning smiled.