Call for judicial review of Auckland Council agency's blocking of far-right speakers

Monday, 9 July 2018

Auckland Mayor Phil Goff tweeted: 'Venues shouldn't be used to stir up ethnic or religious tensions.'

A group including academics and former politicians wants to take an Auckland Council agency to court over its decision to ban two controversial Canadian speakers from speaking at a council venue.

Lauren Southern and Stefan Molyneux were due to speak at Takapuna's Bruce Mason Theatre next month as part of an Australasian tour.

But Auckland Live has decided to cancel the speakers' venue booking.

On Thursday, Auckland Live director Robbie Macrae said security concerns around 'the health and safety of the presenters, staff and patrons' had led to the event's cancellation.

'The cancellation comes as Auckland Live continues its regular and ongoing assessments around hiring its venues to promoters of shows and events, to ensure everyone has the best and safest experience possible,' he said.

In a tweet, Auckland Mayor Phil Goff said venues should not be used to 'stir up ethnic or religious tensions'.

On Monday, the Free Speech Coalition, which is supported by business leaders, academics and politicians, announced it would be collecting funds for a judicial review of the decision to ban Molyneux and Southern from council-owned venues.

It was hoping to raise $50,000 through its website, which it had been advised was the cost of lawyers and initiating urgent proceedings.

In a press release, the coalition said $5000 had been raised already.

It was being supported by former Labour Party minister Dr Michael Bassett, former National Party and ACT leader Dr Don Brash and business leader and Property Institute chief executive Ashley Church.

Canadian speakers Stefan Molyneux and Lauren Southern have been barred from an Auckland Council venue.

Also in favour was Auckland University senior lecturer Dr David Cumin, Canterbury University academic Melissa Derby, lawyer Stephen Franks, AUT professor Paul Moon, broadcaster Lindsay Perigo, writer Rachel Poulain, political commentator Chris Trotter and Taxpayers' Union executive director Jordan Williams.

Derby, a University of Canterbury doctoral student with the School of Teacher Education, said: 'Standing up for free speech means standing up for speech you and I may personally find repugnant'.

'We do not endorse these particular speakers' views, but the general principle that people should be able to share, and be exposed to, controversial ideas,' she said.

.@AklCouncil venues shouldn't be used to stir up ethnic or religious tensions. Views that divide rather than unite are repugnant and I have made my views on this very clear. Lauren Southern and Stefan Molyneux will not be speaking at any Council venues.

— Phil Goff (@phil_goff) July 6, 2018

'Banning a pair of populists that together have over a million YouTube subscribers sets an extraordinary low bar for state censorship.'

Ratepayer-funded facilities, she said, should 'operate as common carriers for people of all political views'.

'They should not discriminate based on the personal views of politicians, nor should their use be subject to the whims of those who would threaten violent protest.'

The Australian-based promoter of the event said he was working with a group in New Zealand looking at the grounds for the cancellation.

'For the mayor to suddenly have a problem with these speakers, is both exceptional, and we're looking at whether it is illegal,' David Pellowe said.

'It's not about the event, it's about issues of justice and freedom of speech.'

Pellowe said he didn't agree with the grounds cited by the council arm Auckland Live.

'We accepted that they weren't open to further discussion,' he said.

Auckland Live said it talked with the promoter about security and safely delivering the event, given the escalation of polarised views and security concerns for the presenters, patrons and staff.

'Following consultation with Auckland Live lawyers, an assessment showed that the costs of security, police and road closures would be significant,' Macrae said.

'There would also be an effect on surrounding businesses and Takapuna community. Additional costs would have to be borne by the promoter.'

For the Australian venues on the tour the venue location is only made available to ticket buyers 24 hours prior to the event, but in New Zealand it was more than a month ahead, Macrae said .

Trotter said the Free Speech Coalition accepted blocking 'genuine hate speech' that incited violence or illegal activity.

'But curbing free debate under threat of disruption is neither desirable nor acceptable in a free and democratic society,' he said.

'Truth is not afraid of trigger-words. Truth does not need a safe space. Truth is not a snowflake. Truth can take the heat and most certainly should not be forced to vacate the kitchen in the face of a couple of Alt-Right populists and a politically-correct mayor.'

Southern's views on immigration had prompted the New Zealand Federation of Islam Associations to ask the Government to bar her entry to New Zealand.

In March, she was barred from entering the United Kingdom, with a Home Office spokesperson saying her presence in the UK was 'not conducive to the public good', international media reported.