NZ First Foundation case: media loses argument on voters’ right to know who the defendants are before elections

The two people indicted by the Serious Fraud Office after an investigation into the First New Zealand Foundation will keep their names suppressed until after the election, a High Court judge has ruled.

The Herald and a collection of nationwide news organizations argued that voters should know who the two defendants are before going to the polls on Saturday.

The Auckland High Court today heard an urgent appeal from the media in an attempt to lift a suppression order for the accused duo, each of whom was charged by the OFS with deceptively obtaining allegations of improper political donations.

Nor is he a minister, a sitting MP, a candidate in the next election or a member of his staff, or a current member of the First New Zealand political party.

But neither have they been named after a series of hastily organized court hearings and interim suppression orders were issued, which were described by a Superior Court judge as “surprisingly broad.”

The court hearings, which were held in the absence of journalists, also included NZ First’s failed attempt to prevent the public from learning about the charges until after the formation of a government.

Media attorney Robert Stewart, who now represents Herald publisher NZME, Stuff, RNZ, TVNZ and MediaWorks, challenged the suppression order in Waitakere District Court last week.

He argued that voters had the right to be fully informed before entering the polls on October 17.

However, Judge Peter Winter decided to maintain the order of the gag.

He said in his decision last Friday that the publication of the accused may “unfairly destabilize those who have already cast their vote as much as it informs those who did not.”

“The publication of [one of the accused’s name] at this particular time when the media is intensely focused on his name and the connection to the general election will mean that [the person] may be unfairly vilified in the minds of prospective jurors when [the person] he will eventually be tried … “

The media then filed an appeal and Judge Pheroze Jagose heard further arguments this afternoon.

Stewart said today that Judge Winter did not take into account the relevant considerations and was wrong to find that the threshold of hardship test had been met for one of the defendants.

He said that whether the judge took into account the “unease” of early voters as a factor was an irrelevant consideration.

“The public interest in knowing the identity of the accused[s] it’s now, we say, three days from an election, “Stewart said.

“The public shouldn’t have to speculate or guess, they should just be told.”

Stewart added that it was “very important” to New Zealanders who have not yet voted.

“There may be those who are waiting until the last minute to wait and see what information may or may not be placed in the public domain.”

The defendant believed the case was a “politicized prosecution” and supported Judge Winter’s reasons for why there was a moot case for continuing the crackdown, the court heard.

Prosecutor John Dixon QC said the OFS will abide by the court’s decision.

Judge Jagose found that Judge Winter “was not wrong” and dismissed the media appeal.

The group of media companies is considering the possibility of requesting a second urgent appeal in the Court of Appeal before the end of the week.

Collection documents allege that the couple deposited a total of $ 746,881 into two bank accounts, including one belonging to the First New Zealand Foundation, between September 30, 2015, and February 14 of this year.

The documents state that the money was deposited with “the intent to deceive the donors of the money, the party secretary of the New Zealand First Party and / or the Election Commission.”

“The defendants adopted a fraudulent device, trick or ploy, whereby party donations for the party were entered into the bank accounts of [suppressed] and the First New Zealand Foundation and not notified to the party secretary, nor declared by the party secretary to the Election Commission, “the newspapers read.

“Those undeclared funds became available for [suppressed]/ New Zealand First Foundation to be used as the defendants saw fit, and were used to pay for party expenses and to develop a fundraising database for the benefit of the party and [suppressed]. “

The accused duo are due to appear in North Shore District Court to face the charges on October 29. Their names are also suppressed to date.

After dozens of media reports last year, largely led by an investigation by Stuff and RNZ, the Election Commission announced in February that it believed the First New Zealand Foundation had received donations that should have been treated as donations from matches.

He referred the matter to the police for investigation, which was then passed on to the OFS.

After the charges were brought, NZ First leader and Deputy Prime Minister Winston Peters claimed that he and the party were “exonerated” and was highly critical of the OFS.

He told a news conference that the timing of the decision to press charges so close to the election was “a terrible intrusion.”

“The OFS cannot justify the timing of its decision,” he said.

Peters has distanced himself from the foundation, which reportedly funded the political party, and has denied wrongdoing after it came under scrutiny last November.