Ban on National access to court papers 'a farce'

Murray McCully

A High Court judgment that the media can access court papers but the National Party's research unit cannot has angered party conservation spokesman Murray McCully.

Media organisations have been able to read and copy documents filed for a pending legal challenge against Conservation Minister Chris Carter's decision to veto the $10 million Whangamata marina project.

National has alleged Mr Carter misled Parliament about how he came to make that decision, which blocked a project which had earlier been approved by the Environment Court after a 14-year battle.

Mr McCully said it was extraordinary that Justice John Wild had ruled that National could not access the papers. By citing standing orders of Parliament, which bar MPs from commenting on matters before the court, Justice Wild had placed the High Court, rather than the Speaker, in the position of enforcing standing orders.

"The result ... is a farce," Mr McCully said.

"Members of Parliament will be able to raise matters from the court files in Parliament, so long as they read about them in a newspaper, and not directly from the court file."

In his judgment, Justice Wild said the research unit had needed to prove it had a "genuine or proper interest" in the court papers.

"I cannot rule out the applicant's request is so that it can use documents on the court file, or their contents, for political purposes, whether inside or outside Parliament. This would run roughshod over the principle that Parliament and its members should refrain from commenting on matters before the courts, which are sub judice."

The legal challenge is due to be heard in August.