'Unreasonable and irrational': Winston Peters vindicated after apology for Trevor Mallard's trespass notice

The Speaker of the House has apologised to former deputy prime minister Winston Peters for issuing him an "unreasonable and irrational" trespass notice.

In a statement from newly confirmed Speaker Adrian Rurawhe, he apologised for the notice, which was served to Peters by then Speaker, Trevor Mallard.

The statement also said Rurawhe retracted and apologised for comments that were related to Peters in a May press release, published by Mallard.

"The Speaker has admitted to the High Court at Wellington that the exercise of power under section 26 (2) of the Parliamentary Service Act 2000 to issue Mr Peters a warning under section 4 of the Trespass Act 1980 was unreasonable and irrational," the statement read.

"He has further admitted to the High Court that issuing the warning was an unjustified limitation on Mr Peters' right to freedom of movement under section 18 of the New Zealand Bill of Rights Act 1990, and that Mr Peters had not acted in any way which justified him being issued with the warning."

Trevor Mallard was the former Speaker of the House before he was succeeded by Adrian Rurawhe. Photo / Mark Mitchell

A decision from the High Court is pending.

This week, Mallard resigned as Speaker. His replacement, Rurawhe, was confirmed as his successor yesterday afternoon.

Peters, the NZ First Party leader, received his trespass notice after a brief visit to the Parliament occupation protest with former NZ First MP Darroch Ball on February 22.

Mallard withdrew the notice on May 4, but Peters issued judicial review proceedings against Mallard in June.

In a statement, Peters said Mallard's conduct was a "disgraceful indictment" on his ability as Speaker.

Winston Peters made a brief visit to the the protest in February, speaking with several people. Photo / Mark Mitchell

"[The trespass notice] was clearly unjustified and a direct attack on every New Zealander's freedoms which are protected under the New Zealand Bill of Rights Act.

"The actions taken by Mr Mallard contrary to the Bill of Rights is a disgraceful indictment on the position and responsibility he had as the Speaker of our House."

Peters claimed Mallard's shift to become New Zealand's ambassador to Ireland was a "staggering insult" to the country.

"To think that this behaviour is now rewarded with an overseas diplomatic post representing New Zealand on the world stage is a staggering insult to the Ministry of Foreign Affairs and to every New Zealander."

Mallard chose not to comment when approached by the Herald.