The Human Rights Review Tribunal imposed sweeping restrictions on details of a case between Lesbian Action for Visibility in Aotearoa (LAVA) and the Wellington Pride Festival. But this is inconsistent with open justice and sets a dangerous precedent for other cases. The Free Speech Union has filed to intervene, says Jillaine Heather, Chief Executive of the Free Speech Union.

“Members of the public in the viewing gallery made a social media post about the hearing, which was then reshared. The Tribunal considered several comments on this post to be disrespectful, offensive, and not fair or temperate.

“As a result, they tightened the control of the hearing, banning notetaking in the public gallery by the general public, prohibiting phone use, and making an interim non-publication order stopping anyone except accredited media from publishing reports of the evidence until further notice. But this is not how open justice works. The Tribunal’s order is unduly restrictive of freedom of expression and open justice and is inconsistent with the New Zealand Bill of Rights Act.

“We have filed to intervene in the proceedings to challenge the Tribunal’s interim non-publication order. This order sets a dangerous precedent by restricting citizens’ rights to report and discuss what happens in a public hearing. Open justice is a cornerstone of democracy, and tribunals should not limit public accountability or undermine Kiwis’ confidence and participation in the justice system.”

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