August 23, 2019

Censor Review - Decision

Censor Review - Decision

The right to free speech enables a democratic society to know and debate issues of central importance. A major contemporary issue is the rise of terrorism and the corrosive effects to a democracy with the parallel militarisation of society. Within this debate there is the discourse that terrorism is being utilised and possibly even enabled by those who seek the militarisation of society.

Kiwi Party vs Censor

In the first instance the Kiwi Party sought the review of the Censor’s decision by the Review Board. This was necessary as any judicial review of the Censor’s decision could have been challenged on the basis that Judicial Review is only available if other options are exhausted.

The Kiwi Party made written submissions and the Censor made written submissions in response. The Kiwi Party made additional written submissions in response.

Predictably the Review Board upheld the Censor’s decision which you can see in their final signed decision. This means the way is now clear to put the Censor’s decision before the Court either by way of appeal or judicial review.

It is probable that the Kiwi Party will review both the Censor and the Board as the Board refused to seek a deposition from the Censor as to whether there was any input into his very rapid decision to classify Brenton Tarrant’s manifesto, “the Great Replacement”. This was requested as it is suprising that the Censor was aware of the Manifesto in such a short time frame and so the question arises as to whether or not he was prompted.

By way of an OIA request we sought clarification of this to which we received a deficient reply. We made a complaint to the Ombudsman on the 4th July 2019 and have not received a response to date.


To see the complete documents please click on the links below to open the pdf file in a new tab or window.