The Times Australia
The Times World News

.
The Times Real Estate

.

The parliament occupation is over – now New Zealand needs new laws to protect the ‘epicentre of its democracy’

  • Written by Alexander Gillespie, Professor of Law, University of Waikato
The parliament occupation is over – now New Zealand needs new laws to protect the ‘epicentre of its democracy’

New Zealand is no stranger to protest, or protest violence. But what happened in the grounds of parliament over 23 days in February and March was unique – and, in the end, extreme.

A country that grinds its teeth at unruly freedom camping[1] by tourists ended up with an unapproved campsite in one of the least appropriate places imaginable. And it ended violently[2].

How the government and parliament responds to what happened is important for both the future of legitimate protests and for the security of parliament itself.

A review of security arrangements for parliament[3] has already been signalled, but the nature and funding of the protest itself also demands scrutiny. Overall, it may be that a law change, specific to the parliamentary precinct, is needed.

Keeping the grounds open

There is no specific legal right to protest. Rather, it is a manifestation of the wider rights to freedom of movement, association[4] and peaceful assembly[5]. Internationally, these are protected by the Universal Declaration of Human Rights and its related framework of human rights treaties, and domestically by the New Zealand Bill of Rights Act.

Read more: From ‘pretty communist’ to ‘Jabcinda’ – what’s behind the vitriol directed at Jacinda Ardern?[6]

In practice, the right to protest is evident in the country’s history. Events that shaped generations and made New Zealand one of the freest and most liberal democracies occurred outside on the parliamentary grounds as much as within the legislative chamber.

From women’s rights and redress for injustices done to Māori, to workers’ rights and foreign policy reform, parliament grounds have been a forum for dissent. Indeed, if there was room for another sculpture in the grounds, it should be of ordinary people delivering a petition to lawmakers.

Keeping the grounds as open and unfenced as possible is therefore critical. A new, bespoke law for the parliamentary precinct – including clear pathways for lawful and orderly protest – should be created.

Parliament grounds are undergoing repairs after damage caused during the 23-day occupation by anti-government protesters. GettyImages

Rules with consequences

It’s important to remember that the right to protest is not absolute. There is no right to violent or unlawful protest. But while existing laws for prosecuting lawbreakers are adequate, there are clear gaps.

Firstly, New Zealand has more laws about respecting the flag[7] than about protecting the epicentre of its democracy. Even at a symbolic level, this needs to change.

Read more: The extremism visible at the parliament protest has been growing in NZ for years – is enough being done?[8]

A starting point would be to place parliament alongside Te Pitowhenua, the Waitangi Treaty Grounds, as a national historic landmark[9]. Citizens should be encouraged to look at the capital of the nation’s political and legal history with the same respect.

Currently, parliament grounds are vested in the Queen[10] under the effective control of the Speaker of the House[11], whose job it is to allow and moderate protests. The rules prohibit a variety of actions, including:

  • damaging lawns and flower beds

  • interfering with traffic flows and driving onto the grounds

  • mounting the main steps of parliament or interfering with the use of parliament buildings

  • excessive amplified sound and erecting structures such as tents

  • general breaches of the peace and protests lasting more than eight hours or into the night.

To enforce the rules, the speaker can issue a notice under the Trespass Act[12]. But the ineffectual nature of these powers was laid bare during the occupation, with protesters largely indifferent to the weak penalties.

Any new law specific to the parliamentary precinct should uphold the existing right and ability to lawfully and peacefully protest, but increase the penalties for non-compliance.

Riot police move in to end the occupation of parliament’s grounds and surrounding streets. GettyImages

Funding and foreign interference

Beyond the behaviour of protesters, their ideological origins and funding need to be better understood. Similar “anti-mandate” protests elsewhere are suspected of having received foreign funding[13]. Did this happen in New Zealand?

It’s an important and difficult question. The flow of charitable support across borders for lawful purposes is a good thing. But charitable or other financial support may not always be benign.

Read more: How protesters demanding ‘freedom’ from COVID restrictions ignore the way liberty really works[14]

There are already laws[15] to protect New Zealand elections from foreign interference by banning foreign donations to political parties and candidates. That concern needs to extend to foreign interests trying to foster lawless or extremist behaviour within New Zealand protest movements.

Such transparency will necessarily involve examining the events at Parliament (and other protest locations) as a starting point, to see whether groups and individuals, either here and/or overseas, attempted to “incite, procure, or encourage violence, lawlessness, or disorder[16]” under the Crimes Act, or breached broadcasting[17] standards and advertising[18] codes. There are also civil law questions, such as whether there was any wrongdoing by registered charities[19].

And beyond the legal considerations, there is the vexed question of how misinformation has spread[20] as fast as the COVID virus itself.

Read more: Protesting during a pandemic: New Zealand's balancing act between a long tradition of protests and COVID rules[21]

** Defending dissent**

None of this is simple. And in the past, New Zealand has sometimes responded to protest or dissent heavy-handedly – for example after the hunger marches in 1932[22] and the waterfront lockout[23] of 1951.

At other times, wiser counsel prevailed when it came to mending the fabric of society. An example of this was the creation of Independent Police Conduct Authority[24] in the decade after the 1981 Springbok tour protests.

The challenge for lawmakers this time is to reach for deeper solutions t*hat address the importance of protest, but also fix the problem of how poorly the epicentre of our democracy was respected and defended. At the same time, understanding how this protest was different will be important.*

Clamping down on future protests is not the answer. Equally, preventing another episode such as the country has just witnessed is urgent.

References

  1. ^ freedom camping (www.legislation.govt.nz)
  2. ^ ended violently (www.rnz.co.nz)
  3. ^ for parliament (www.rnz.co.nz)
  4. ^ association (legislation.govt.nz)
  5. ^ peaceful assembly (legislation.govt.nz)
  6. ^ From ‘pretty communist’ to ‘Jabcinda’ – what’s behind the vitriol directed at Jacinda Ardern? (theconversation.com)
  7. ^ respecting the flag (www.legislation.govt.nz)
  8. ^ The extremism visible at the parliament protest has been growing in NZ for years – is enough being done? (theconversation.com)
  9. ^ national historic landmark (www.heritage.org.nz)
  10. ^ vested in the Queen (www.legislation.govt.nz)
  11. ^ Speaker of the House (www.legislation.govt.nz)
  12. ^ Trespass Act (www.legislation.govt.nz)
  13. ^ foreign funding (www.theguardian.com)
  14. ^ How protesters demanding ‘freedom’ from COVID restrictions ignore the way liberty really works (theconversation.com)
  15. ^ laws (www.beehive.govt.nz)
  16. ^ incite, procure, or encourage violence, lawlessness, or disorder (www.legislation.govt.nz)
  17. ^ broadcasting (www.bsa.govt.nz)
  18. ^ advertising (www.asa.co.nz)
  19. ^ wrongdoing by registered charities (www.legislation.govt.nz)
  20. ^ misinformation has spread (www.1news.co.nz)
  21. ^ Protesting during a pandemic: New Zealand's balancing act between a long tradition of protests and COVID rules (theconversation.com)
  22. ^ hunger marches in 1932 (www.nzlii.org)
  23. ^ waterfront lockout (www.nzlii.org)
  24. ^ Independent Police Conduct Authority (www.ipca.govt.nz)

Read more https://theconversation.com/the-parliament-occupation-is-over-now-new-zealand-needs-new-laws-to-protect-the-epicentre-of-its-democracy-179751

The Times Features

Discover the Charm of a Girl's White Dress

Key Highlights Timeless elegance: White dresses feel pure and have classic charm. They are perfect for many types of events. Versatile styles: You can pick from lace, embroid...

Top Medical Grade Red Light Therapy Devices in Australia

Key Highlights Lumitter™ has advanced red light therapy devices that combine new ideas with wellness. Red light therapy helps lower pain and swelling and boosts skin health. ...

Why Regional Small Businesses in Bendigo Deserve Better Access to Finance in 2025

In the heart of regional Victoria, Bendigo has long stood as a beacon of innovation, resilience and community spirit. As we step further into 2025, the importance of nurturing sm...

Is It Time for a Deep Cleaning? Signs You Shouldn’t Ignore

Most people know they should visit the dentist for a regular check-up and cleaning every six months. But sometimes, a standard cleaning isn’t enough. When plaque and tartar build...

The Hidden Meaning Behind Popular Engagement Ring Cuts

When it comes to engagement rings, the cut of the diamond is not just about aesthetics. Each shape carries its own symbolism and significance, making it an important decision for...

Annual Health Exams in the Office: How They Can Reduce Sick Days and Healthcare Costs

Regular health check-ups, especially annual health exams in the office, can significantly impact the overall well-being of your workforce. A proactive approach to employee health...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping