Appeal judges retire to consider council’s ban on farright speakers

WELLINGTON: Three Court of Appeal judges have retired to consider whether Auckland Council broke the law by denying two farright speakers the opportunity to host an event in one of its venues.

Lauren Southern and Stefan Molyneux had been due to speak at the Bruce Mason Centre in August 2018, sparking a public outcry and large protests, but the councilcontrolled Regional Facilities Auckland (RFAL) stopped the event.

The speakers, through Australian agency Axiomatic Events, tried to hire a private venue instead but were turned down time and time again.

Auckland Council had claimed it made the decision out of concern for public safety, given the angry protests that the event would no doubt invoke.

Jack Hodder QC, who was acting for the appellants, argued the council failed to properly explore the public safety issue and had not, for example, contacted police about how the event could be safely managed.

‘‘The proposition is that health and safety matters trump everything else, not least public discourse,’’ Hodder said.

‘‘That is described . . . as a pragmatic approach. Conversely, that would suggest it was an unprincipled approach — no advice about legal obligations being sought, no advice about security being sought, police input not obtained.’’

He suggested it was a foregone conclusion the event would be cancelled before the issue of health and safety was raised on the morning it was called off.

‘‘Up to that point, as we know, all the previous concerns had been about content — those are the concerns that had been expressed to RFAL.

‘‘They were about the content; we don’t want these people here, we think that what they say is objectionable.’’

The appeal was lodged by Dunedin bookseller Malcolm MoncriefSpittle and prominent member of the Auckland Jewish community David Cumin, after the High Court found the council had acted lawfully.

The higher court was told that Cumin had no interest in attending the event and was acting on the principle of protecting free speech, while MoncriefSpittle had paid $749 for a ‘‘VIP’’ meetandgreet with Southern and Molyneux.

It could be several months before a judgement is released. — RNZ