Kelsey-led TPPA court challengers ‘no radicals’

A group seeking to challenge the secrecy of the Trans-Pacific Partnership Agreement (TPPA) are not ‘‘wild-eyed radicals’’ and simply want existing law to be upheld, their lawyer claims.

Eight applicants, led by University of Auckland law professor Jane Kelsey, are seeking a declaration that Trade Minister Tim Groser acted unlawfully when he issued a blanket refusal of an Official Information Act request for information relating to TPPA negotiations.

The hearing is taking place in the High Court in Wellington before Justice David Collins.

Dr Matthew Palmer, QC, told the court on Monday that the applicants were not seeking a fresh interpretation of the act, but simply wanted it to be interpreted as it already was.

In January Kelsey sought from Groser a number of documents on New Zealand’s negotiations in TPPA talks since 2013.

The TPPA – a proposed Pacific Rim trade agreement – has not been completed. While some draft texts and other documents have been leaked, the negotiations have largely been held in secret.

A number of protests have taken place throughout New Zealand demanding that the proposed text of the deal be made public.

Initially Groser’s office sought an extension of the time it had to respond to Kelsey’s request to allow for consultation, but days later said it was refusing to release any information.

The Chief Ombudsman upheld Groser’s decision to refuse the request, including on grounds under the Official Information Act that Groser did not cite in his refusal.

This was on the basis that releasing the information was justified to ‘‘avoid prejudice to the substantial economic interests of New Zealand’’.

Palmer told the court that Groser’s response indicated he had not reviewed all of the information requested from him, but instead a representative sample.

‘‘It can’t be right’’ that the minister could refuse to release information ‘‘without even looking at it’’, Palmer told the court.

The court has given leave for Kelsey to sit at Palmer’s side despite her not having a practising certificate.

Kelsey’s challenge is joined by groups including Consumer NZ, who Palmer said was concerned that the TPPA could have a ‘‘significant impact on New Zealand consumers’’.

Other groups involved in the challenge include Oxfam and Greenpeace.

Collins asked Palmer if he was aware how many documents were covered by the request.

Palmer said: ‘‘I have no idea, sir, no.’’