Lauren Southern and Stefan Molyneux event cancelled on security grounds despite 'absence of relevant information'
Monday, 2 September 2019
Regional Facilities Auckland announced the cancellation of a booking for two controversial Canadian speakers on security grounds before seeking police advice, a court has been told.
Auckland Live director Robbie Macrae last July said a decision to cancel Axiomatic Events' booking at Takapuna's Bruce Mason Centre was due to security concerns around 'the health and safety of the presenters, staff and patrons'.
The event was to be headlined by Canadian pair Lauren Southern and Stefan Molyneux.
Auckland Mayor Phil Goff initially indicated he made the decision to bar Southern and Molyneux from RFA venues, however, in a subsequent interview with Stuff, Goff said he did not make the call to cancel.
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Now RFA, Auckland Council and Goff himself are being sued over the barring – Free Speech Coalition member David Cumin and Dunedin bookseller Malcolm Moncrief-Spittle, who purchased a premium ticket to the event, are seeking a number of declarations, including that the decision was unlawful.
Axiomatic Events is no longer part of the proceeding.
In his written submissions to the court, the applicants' lawyer, Jack Hodder QC, said RFA made the decision to cancel on security grounds 'in the absence of relevant information'.
RFA head of security Dean Kidd flagged the event with the council-owned organisation's security team on July 5. The event was cancelled 24 hours later.
'Seemingly unaware, Mr Kidd was still gathering intelligence at 3.49pm on 6 July.'
Kidd emailed police asking what threat rating the event may have, adding RFA was conducting a risk assessment. He sent further correspondence just under four hours later, advising police the event had been cancelled.
Police, according to Hodder, received no threats in relation to the event, nor were they aware of the event until RFA's decision to refuse use of its venues.
But the respondents' lawyer, Katherine Anderson told the Auckland High Court the booking was 'validly cancelled' by RFA.
Goff's involvement was listed in Hodder's submissions as a 'contingent' ground of review, because it remained unclear whether he had influenced RFA.
However, Anderson told the court the evidence of McRae and RFA chief operating officer Paul Brewer was 'unequivocal'.
'There was no direction by the mayor,' she said.
'Mr Macrae made the decision to terminate the contract and did not consider there was any involvement by the mayor.'
Anderson also submitted the issues in the current claim, which did not include Axiomatic, were moot.
The original claim was directed at RFA, requiring it to make the Bruce Mason Centre available. However, Axiomatic withdrew its application and secured a different venue.
The hearing before Justice Pheroze Jagose continues.