MEDIA RELEASE

7 June 2024

FOR IMMEDIATE RELEASE

Allegations Marlborough District Council breached Bill of Rights Act by discriminating against ratepayers and denying access to public venues

By refusing to allow Let Kids Be Kids use Council facilities, Marlborough District Council seems to have illegally discriminated against local ratepayers. The Bill of Rights Act, which binds public bodies, protects all Kiwis’ freedom of expression. We believe Council cannot justify this decision, and without prompt reversal, we'll consider legal action, says Jonathan Ayling, Chief Executive of the Free Speech Union.

“Prior work by the Free Speech Union has contributed significantly to the case law related to access to public venues. It is clear that councils are not justified in discriminating against those who wish to use their facilities based on ideological differences.

“That is exactly what has happened here, and it cannot be allowed to stand.

“The Council deemed (on what basis it is entirely unclear), that a meeting Let Kids Be Kids sought to hold at a local library was not 'inclusive', and as such didn’t comply with the hire agreement criteria.

“Since when were local libraries the authority on what is or isn’t ‘inclusive’? This is simply prejudice by some staff at the Marlborough Libraries who disagree with the viewpoints of others in their communities. So much for tolerance.

“Although the case law is clear on this issue, now more than ever, legislation is needed to stop council venues from pushing their own agenda or bowing to censorial pressure. That’s why we drafted the Protection of Freedom of Expression legislation, which we were pleased to see adopted recently as a Member’s Bill.

“Our message to those who disagree with Let Kids Be Kids (as it was to those who disagreed with Drag Queen Storytimes at libraries) is this: If you don’t like what someone says, you don’t have to attend their event. Or, you can exercise your democratic right to peacefully protest and provide counter-speech. But it is unacceptable, and counter-productive, to silence or cancel others’ voices.”

ENDS

Note to editor: See the letter we sent to Marlborough District Council here and our drafted Protection of Freedom of Expression Bill here.