Candidate sues over top race relations job

We could be without a new commissioner for some time, writes Harrison Christian.

Appointing a Kiwi Race Relations Commissioner is on hold while an international human rights lawyer sues the Minister of Justice over the selection process.

Colin Henry, a Jamaican-born Aucklander, claims the process was unlawful.

The former commissioner, Dame Susan Devoy, left in June, after a damning ministerial review into a sexual harassment scandal, which identified serious ‘‘toxic’’ dysfunctions.

Henry applied in the High Court at Auckland for a judicial review of the process candidates underwent. He also applied for an interim injunction on the commissioner appointment.

Justice Minister Andrew Little, the minister in charge of the Human Rights Commission, confirmed the process was on hold, pending a decision by Justice Sally Fitzgerald.

It was Little’s job to recommend replacements to the Governor-General.

A naturalised New Zealand citizen, Henry is the vicepresident of the Refugee Council of New Zealand and a High Court barrister and solicitor. He believed he could transform the Race Relations Commission into a ‘‘vibrant and effective office, particularly with respect to marginalised immigrants’’.

The role was publicly advertised twice. When it was readvertised, Henry was told he was still being considered and did not need to reapply.

In September, he was advised he had not been shortlisted, later learning two candidates were shortlisted in July before the second advertisement was placed.

Henry claimed by advertising the position again before completing consideration of the applicants to the first ad, Little had created illegitimate expectations.

He felt the appointment process was not open and transparent. Furthermore, when Henry asked for feedback on his application, the ministry said the independent panel ‘‘made no record’’ of its discussions about candidates.

‘‘I found that astonishing. This is a public agency, and the public has no way of knowing, did it use legitimate criteria?’’

Henry sought for the selection process to be put on hold until those that applied to the first ad, including himself, were fully considered and notified. ‘‘So what they should have done before readvertising, is notify the two that were selected, that they were in, and the remaining 32 applicants that they were out.’’

Little confirmed the process was on hold and while it was before the court, it was ‘‘inappropriate’’ for him to comment further.

Justice Fitzgerald said at a hearing in the High Court, her decision for the interim injunction may take weeks. If granted, that meant New Zealand could be without a Race Relations Commissioner for at least a year.

‘‘The public has no way of knowing, did it use legitimate criteria?’’ Colin Henry, applicant