Immigration New Zealand announced earlier this week that she did not meet the high threshold to be considered an excluded person under section 16 of the Immigration Act 2009.
The INZ assessment took into account the events in Melbourne, where her speaking event drew a crowd, including people who were seen giving Nazi salutes and shouting slurs, Minister for Immigration Michael Wood said earlier this week.
“Like many New Zealanders I would prefer it if Kellie-Jay Keen-Minshull never set foot in New Zealand. I find many of her views repugnant, and am concerned by the way in which she courts some of the most vile people and groups around, including white supremacists,” Wood said.
“As we look towards her events for this coming weekend, the welfare and safety of our transgender community is front of mind. Event organisers maintain the primary responsibility to ensure they run a safe and secure event and police have advised they will also be in attendance to ensure public safety.
“I condemn her inflammatory, vile and incorrect worldviews, and will always stand alongside those New Zealanders who use their own right to free speech against those who wish to take society backwards.”
In dismissing the application, Justice Gendall said he had sympathy for the applicants.
”My sympathy for the applicant’s position is grounded largely in the information provided by the applicants and the Crown, which to my eye, appears to clearly raise issues of public order.
This is a finely balanced decision. I accept the applicants have indeed raised a possible case upon which it might be said to be arguable that no reasonable minister could have concluded that Section 16 of the Immigration Act is not to be invoked.”
The judge said he had considered comments by MPs, including the Ministers of Immigration and Finance in making his decision.
He said gender-diverse communities deserve protection, being particularly vulnerable to harm in discrimination.
”However, it is largely for technical and procedural reasons that the application for interim orders, in my view, must fail here.
The courts are often reluctant to make their way into the merits of the exercise of a discretionary decision made by a Minister.”
The judge noted the authorities’ belief the events would “almost certainly” continue with or without Parker’s presence.
”When that factor is taken into account, I am of the preliminary view that the Minister’s view that to bar her entry on the basis of section 16 would not be appropriate.”
In a tweet, Auckland Pride, one of the parties taking the action, said it was disappointed with the decision.
“We’re incredibly humbled by the support we’ve received and proud to have stood up for our communities.”
From Australia Kellie-Jay Keen-Minshull was jubilant about the decision.
She said: ”Men trying to stop women from speaking about men in women’s spaces has failed in the courts. But we women know they will continue to try and intimidate us into silence.”
“We will continue create space to let women speak.”
Counter-protests to Keen-Minshull have already been arranged for both the Auckland and Wellington Let Women Speak events.
An online petition has also been launched calling for her to be kept out of the country.
