Last week there was a bit of coverage in the Dom Post about a court case that I have been involved with over the last 12 years. It relates to a student protest at Parliament back in September 1997 when I was still a fresh faced first year uni student.
The protest was against the then National government’s tertiary education reforms, outlined in what became an infamous ‘Green Paper’. We were a rowdy bunch, but the protest was peaceful. We’d only been in Parliament grounds a short time when the then Speaker, Doug Kidd, issued trespass orders requiring us all to leave.
At the time I thought this was pretty outrageous and over the past 12 years I haven’t changed my view. Parliament is a place where all Kiwis can come to protest, whatever their message. The idea that trespass should be used as a means of silencing dissent appals me.
Thankfully both the District Court and the High Court shared that view and the trespass charges didn’t stick. But there was an important principle at stake here and over the past 12 years I, along with a few of the others, have been keeping a legal action going against the Speaker and the Police.
That case has finally been resolved with letters of apology being issued from both the Speaker and the Police. Monetary compensation has also been awarded based on how long each person was detained, how they were treated whilst in custody and whether they were strip searched at the Police station.
The case is now studied by law students. It promoted a change in the way both the Speaker and the Police treat those protesting at parliament. The principle that every citizen has the right to protest in parliament grounds is now well established. It was worth the fight.
Congratulations
I’m glad somebody had the guts to stand up for the right to protest. 
Is this the police v beggs case?
And just in case you happen to think this is something that only happens under a National-led government, I can point you to many examples of similar and much worse things happening to protesters under the previous Labour-led government.
Rocky – yes it is the Beggs case. And I never claimed that protesters have been treated better or worse depending on the colour of the govt, only that this case has established a very good precedent for the future, regardless of who is in government.
Thanks Chris – just checking you didn’t presume this was much to do with the government. The Beggs case did set a great precedent in the High Court – one which I am currently using for the second time in helping a friend with a court case where she was trespassed in 2008 by authority delegated by the then Speaker Margaret Wilson, and was then arrested this year at an ACE protest for trespassing. So you guys have done some good work, and I’m very pleased to hear you have taken it this far.
What interests me is that it seems to be the same people who show up to protests. There’s something to be said for offering a maximum of three free protest passes a year.
Rocky – I should clarify that I’m not saying there are never cases where someone should be trespassed from parliament, just that peaceful protest does not provide the grounds to do so. There are some instances where trespass orders would be appropriate. For example where someone threatens the security of the people who work there then a trespass notice might be appropriate, depending on the circumstances.
Agreed Chris.
Tim Ellis, why should we be limited in the number of times we can protest?
The ability to protest and do it as often as you like is important. I was so proud of the ACC one at parliament.