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Jami-Lee Ross’ Advance NZ Party is making a last minute offer to be included in Newshub’s “Powerbrokers debate”.
Advance NZ, a small political party led by former national MP Jami-Lee Ross and blues guitarist Billy Te Kahika, has been excluded from Newshub’s debate on October 3, to be filmed on Thursday.
Ross and Te Kahika filed a request for urgent injunction on Tuesday and the matter was heard in Auckland High Court on Wednesday from Judge Tracey Walker, who reserved her decision until tomorrow.
The Powerbrokers debate will feature Green Party co-leader Marama Davidson, ACT leader David Seymour, and Maori Party co-leader John Tamihere.
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Ross previously said the party had taken “urgent action” as the decision would cause “serious damage.”
“Seeking judicial intervention is not a small step, but as one of the watchdogs of television coverage of the democratic process, MediaWorks’ decision requires urgent review,” Ross said in the statement.
Abigail Dougherty / Stuff
New Zealand’s advanced political party leaders Jami-Lee Ross and Billy Te Kahika arrive at the High Court.
Outside of court on Wednesday before the hearing, Ross said it was about free speech.
At the hearing, Honor Lanham, acting on behalf of Advance NZ, thanked Judge Walker for hearing the request urgently.
Lanham said that six years ago, the High Court ruled that it was unreasonable and arbitrary for MediaWorks to select debate participants based on who had won a seat in parliament in previous elections.
“The suggestion that MediaWorks has carefully reviewed its criteria is unfounded.”
Stuff
Judge Tracey Walker heard the case Wednesday in Superior Court. (File photo)
He said the criteria ignored new parties, public support, and the fact that Ross is a sitting MP and has been previously elected.
Advance NZ says it has a good chance of winning a seat in the Maori electorate through the Te Tai Tokerou seat, Lanham said.
She told the court that it was important that the minor parties receive “enough oxygen” during the electoral process for those undecided voters.
Lanham said that despite social media, televised debates remain “critically important” given that not all voters use or have access to social media.
“Social media is a growing medium of how parties communicate with the public … but televised debates are critically important,” he said.
“It allows voters to make immediate comparisons between leaders and policies.”
Ryan Anderson / Stuff
Billy Te Kahika Jr is campaigning for the seat of Te Tai Tokerau.
Lanham said the debate has been billed as between “king and queen makers” who could potentially form a coalition government.
Co-Chair Jordan Grimmer said the debates attract public interest and MediaWorks denies a platform for a party to present its points.
He said the televised debates were particularly important given that the election period campaign has been during the Covid-19 pandemic.
“[Televised debates] … influence the decisions of the voters and therefore are a very vital part of New Zealand democracy, ”Griffen said.
MediaWorks Attorney Justin Graham Accepted Leader Debates in an election campaign period are important, generally popular, and have an effect on a party if not included.
Tom Pullar-Strecker / Stuff
MediaWorks says it feels comfortable not including Advance NZ in the discussion. (File photo)
Fairness and balance were general, but there was a cut and there remains a degree of editorial discretion on the part of the broadcaster, the attorney said.
He told the court that MediaWorks has not applied the selection criteria unreasonably.
Graham said the debate was being broadcast as part of Newshub Nation Saturday morning and not in a prime-time venue.
The criterion for participation in the debate has been in force since July and is for “leaders of parties that have obtained seats in the last two legislatures.”
The lawyer said there were physical distance restrictions for the venue and that it would be impossible to host the debate if there were more participants in the debate.
Graham also told the court that the party had been featured on MediaWorks recently and that this debate has been public since August.
“The delay is now causing some prejudice … it limits the options … they are committed to a place, they have spent their small tax-financed budget … the problem of physical distancing is real.”
The court heard if the debate could not continue, it is unlikely that this election will take place.
On Tuesday, a MediaWorks spokeswoman said the company was comfortable with its decision to exclude the party from the debate.
“Our criteria for participation in the debate have been in effect since July … and we intend to defend our decision not to include the Advance NZ party,” said the spokeswoman.
