Anti-trans activist Kellie-Jay Keen's visit can go ahead, judge rules

Friday, 24 March 2023

Kellie-Jay Keen is due to speak in New Zealand this weekend, but court action has been taken to try to stop her. (File photo)

A court application has failed to stop anti-trans rights campaigner Kellie-Jay Keen entering New Zealand.

Keen’s entry for speaking events in Wellington and Auckland this weekend was in doubt after a rally in Melbourne erupted into clashes between LGBTQI+ activists and some of her supporters, a number of whom were seen throwing Nazi salutes.

The lawyer for three groups from the Rainbow and transgender community, Tiho Mijatov, told Justice David Gendall at the High Court in Wellington on Friday that the case was not just about a clash of opinions.

It was about the likely threat or risk to public order, he said.

But giving brief reasons for his decision on the preliminary issue of trying to stop Keen entering New Zealand in the meantime, the judge said for largely technical and procedural reasons the application should fail.

He said he had considerable sympathy with the application and issues of public order were clearly raised. He was troubled by the fact that Keen had not had the opportunity to be represented at the court case.

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The judge would give full reasons in writing later.

Kellie-Jay Keen was not represented at the court hearing about her visit. (File photo)

Keen was reportedly due to arrive in New Zealand later on Friday.

Gender Minorities Aotearoa, InsideOUT Kōaro, and Auckland Pride asked the judge to review the Minister of Immigration’s decision not to overturn Keen’s permission to enter New Zealand, and asked for an interim order to stop her entering the country until a full hearing could be held.

Mijatov had said: “This is about the likely harm to be caused to the transgender community by the minister’s [of immigration] unlawful decision.”

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A section of the Immigration Act 2009 said no visa or entry permission could be given, or visa waiver apply, to any person who the minister had reason to believe was likely to be a threat or risk to public order, among other grounds.

Mijatov said the chief executive of Auckland Pride, Max Tweedie, presented evidence from the online platform Telegram that far right and neo-nazi groups were planning to attend Keen’s rallies in New Zealand.

Mijatov said it was beyond a situation of offence, or being upset or even really upset. It was starting to disrupt social cohesion and public order.

There was evidence that the United States group The Proud Boys, recognised as a terrorist group in New Zealand, supported Keen’s views.

The British national founded the group Standing for Women and describes herself as a women’s rights campaigner with no political affiliations.

Mijatov said it was the minister’s decision, and the evidence it was based on, that was the target of the court action, not Keen.

Lawyer Aaron Martin, for the Minister of Immigration and the Ministry of Business, Innovation and Employment, said he was not representing Keen, or defending her views. The decision on Keen’s entry was made by a delegate of the minister, not the minister himself, although he could have intervened if he wished.

The decision maker was not satisfied there was a risk to public order, and the events would probably go ahead even without Keen. He had an assessment from police about Keen’s proposed visit.

The New Zealand Free Speech Union was allowed to make submissions on the case. Lawyer Nicolette Levy, KC, said it had campaigned for Keen to be allowed to enter New Zealand.

The union did not take a position on her views but she was bringing a view not debated in New Zealand until recently, Levy said.

The Free Speech Union said, let her say what she wants to say and for others to say what they want to say in opposition, Levy said.

Immigration Minister Michael Wood earlier labelled her views “repugnant' and the groups she was linked to as “vile”.

However, Immigration NZ general manager Richard Owen said on Wednesday there was no reason to believe Keen, also known as Posie Parker, was a risk to “public order or public interest”.