Prebble Waives Privilege To Fight Post Gagging Order
ACT Leader, Hon Richard Prebble, told a press conference today that he had decided to waive his Parliamentary immunity
from being served.
“It appears that New Zealand Post is in breach of Parliament's rules, but at this stage I do not intend seeking the
assistance of Parliament's Privileges Committee.
“I have contacted the lawyers for New Zealand Post and told them I will agree to waive Parliamentary protection and be
served with the Court papers at 1.30pm on the steps of Parliament.
“I have studied the papers filed by New Zealand Post and they are a constitutional outrage.
“The State-Owned Enterprise is not seeking to just protect what it claims is commercially secret information. New
Zealand Post is seeking an order from the Court:
1. that I ‘be restrained from disseminating, publishing, copying, or otherwise making use of the Business Case or any
extracts from that document.’
2. that I ‘deliver up by 5pm Wednesday 21 February 2001 to’ NZ Post’s ‘solicitor all copies of the Business Case for the
NewBank, dated September 2000 (“the Business Case”) and any extracts from that document which are in his possession or
control.’
3. that I ‘file and serve upon the solicitor for’ New Zealand Post ‘by 5pm Thursday 22 February 2001 an affidavit
identifying: a) the documents delivered up in terms of order 2; b) the individual or individuals from whom’ I ‘received
the Business Case or extracts therefrom, and indicating the date on which such material was provided to’ me; c) any
individuals or entities, as the case may be, to whom’ I have ‘provided a copy of the Business Case or extracts
therefrom.
4. that ‘the costs of and incidental to this application be awarded to’ New Zealand Post.
“New Zealand Post ‘claims the sum of $4055 for costs of and incidental to issuing this proceeding.’”
“New Zealand Post is clearly trying to intimidate me.
“If a State-Owned Enterprise can get court orders against an MP, ordering the MP to hand over all information that the
SOE claims it did not mean to make public, to get the MP who has the information to name sources and to pay damages,
there will be no free press.
“MP's will not be able to be the public's watchdog.
"If MPs have to engage a law firm like Rudd Watts and Stone, it would financially cripple Members of Parliament. I
therefore refuse to have a lawyer and will go to court myself to defend free speech.
“The New Zealand Post business plan is a large document. Only parts of the document could be described as commercially
sensitive. Neither I nor Hon Jenny Shipley have released any sensitive commercial information.
“Other parts of the document cover policy issues that even New Zealand Post concedes are legitimate matters for MPs to
raise, but New Zealand Post still demands that it be suppressed.
“The document does not appear to have been stolen. It is clear that some person who is concerned about the public policy
issues involved in the People’s Bank has passed over these documents. This is whistle blowing, which the government says
it supports.
“I will make these points. Parliament is being asked by New Zealand Post for $80 million dollars. I am entitled to ask
how it is being spent. When I have information that contradicts claims by Ministers, I have a duty to point out those
contradictions.
"It is clear from the business plan that this so-called people's bank:
*Will not open new branches in rural areas where today there are no banking facilities;
*The new bank is targeting ‘middle’ New Zealand and not the little people.
*The bank will compete unfairly with New Zealand owned community financial institutions such as the Taranaki Savings
Bank, the Southland Building Society, the PSIS and credit unions.
*One day training for staff cannot be enough.
*New Zealand Post's postal customers may be cross-subsidising the new bank. *There are legitimate security concerns.
*This is a risky venture using $80 million dollars of taxpayer's money that could be used for the Police or teaching
children to read.
“I will continue to scrutinise this substantial expenditure of taxpayers’ money. In Parliament this afternoon I will use
my right of free speech to show that there are reasons to doubt the credibility of assurances given to the Green Party,
in order to obtain their support for the new bank.
“As there is a considerable amount of public interest in this matter I am releasing all documents to be served on me by
New Zealand Post, Hon Richard Prebble said.”
ENDS