Peters launches case on trespass notice

Former Deputy Prime Minister Winston Peters has launched legal proceedings against Parliament Speaker Trevor Mallard over a defunct trespass order.

Peters said he filed a judicial review application against Mallard in the High Court at Wellington on Monday afternoon.

He was seeking a declaration from the court that a trespass order placed on him, and then withdrawn, was ‘‘unlawful, unreasonable, and irrational’’.

Mallard in May withdrew five trespass notices issued against people who attended the weeks-long occupation of Parliament grounds, including Peters.

The occupation, primarily a protest against the Covid-19 vaccine and mandates, ended in a violent riot in March.

Peters, who visited the occupation site briefly after Mallard issued a general trespass notice over the protest, was among former politicians who were trespassed directly, after the occupation ended. He had threatened legal action before Mallard withdrew the order.

Former National Party MP Matt King and former Māori Party co-leader Marama Fox also had trespass orders withdrawn by Mallard.

The trespass orders against former politicians were widely criticised within Parliament as being disproportionate. The orders were among 151 such notices issued to individuals, of which 144 were placed on people arrested during the protest.

Peters issued a statement yesterday saying he was legally challenging Mallard’s trespass notice on the basis he never posed a risk or threat to the safety and security of Parliament.

‘‘Mr Peters considers the Speaker’s actions raises significant questions of importance in a democracy and those actions should be scrutinised by the High Court in judicial review,’’ the statement read.

Peters, when contacted for further comment, said he was being represented by lawyers Chris Morris and Fletcher Pilditch, QC. He declined to comment further.

‘‘The sub judice rule is not one I intend to offend against.’’

Mallard had not seen the court filing, and declined to comment.

Former Green MP Sue Bradford had been trespassed from Parliament prior to being elected. The trespass charge was dropped when she entered the House as an MP in 1999.