Posie Parker High Court challenge dismissed

A last ditch legal effort to prevent the Women’s Rights advocate from entering New Zealand failed, although Justice Gendall expressed ‘sympathy’ for the applicants.

The application for a judicial review of the decision by Immigration New Zealand to allow Parker to enter the country was filed by a coalition of ‘rainbow’ groups, namely Gender Minorities Aotearoa, InsideOUT Kōara and Auckland Pride.

Justice Gendall said:

‘My sympathy for the applicant’s position is grounded largely in the information provided by the applicants and the Crown, which to my eye, appears to clearly raise issues of public order.

‘This is a finely balanced decision. I accept the applicants have indeed raised a possible case upon which it might be said to be arguable that no reasonable minister could have concluded that Section 16 of the Immigration Act is not to be invoked…

‘However, it is largely for technical and procedural reasons that the application for interim orders, in my view, must fail here.

‘The courts are often reluctant to make their way into the merits of the exercise of a discretionary decision made by a Minister.’

The Free Speech Union, who were granted Intervener status in the proceedings said it was the right decision ‘for a nation that values tolerance.’

Justice Gendall has rejected the application to overrule the decision by Immigration New Zealand to allow entry for @ThePosieParker into the country.
This is the only right result for a nation that values tolerance, the ability to debate, and free speech.

— 🗣 Free Speech Union ✊ (@NZFreeSpeech) March 23, 2023

Responding to the decision Auckland Pride said that while they were disappointed with the decision, they were ‘incredibly proud for the support’ they had received in ‘standing up for our communities.’

We are extremely disappointed that the Judge has dismissed our application for an interim order meaning Posie Parker will still be allowed to enter Aotearoa.

We’re incredibly humbled by the support we’ve received and proud to have stood up for our communities.

— Auckland Pride 🏳️‍⚧️ (@AucklandPride) March 23, 2023

Parker will speak at two public events while in the country:

• Auckland – Albert Park, Saturday 25 March at 10.30am
• Wellington – Civic Square, Sunday 26 March at 1.30pm.