TV station digs in as MPs go to court over debate

Peter Dunne (left) and Jim Anderton en route to court in their bid for inclusion in tonight's TV3 leaders' debate. Picture / Mark Mitchell

TV3 is not budging after being told by a High Court judge to reach a deal with political leaders Jim Anderton and Peter Dunne over tonight's televised leaders' debate.

Mr Dunne, the United Future leader, and Mr Anderton, the Progressives leader, yesterday jointly applied to the High Court in Wellington to have TV3's decision to exclude them judicially reviewed.

If such an order were made, TV3 would have to follow the order or be liable to contempt of court charges.

The network's director of news and current affairs, Mark Jennings, last night said the number of participants on the debate was limited to six because of the time available and the need for every one to get a fair go.

"We have reviewed our decision and, taking account of all the matters which those parties have put to us, have seen no reason to change our decision."

Justice Ron Young twice during submissions suggested the best course would be for the parties to resolve the matter themselves overnight.

He said he appreciated submissions made by the politicians' lawyer, David Goddard, QC, assisted by Professor Mathew Palmer, dean of the Victoria University law school.

"The obvious reluctance is in judges telling television stations how to run their business," said Justice Young.

"I repeat my invitation to counsel to see if there is a formula that can be reached."

It is thought that assurances of other television coverage by TV3 have not satisfied the politicians.

"Other forms of television coverage are not a substitute for participation in this unique, and uniquely important, forum," the submission said.

The hearing is set to resume at 9.30am when TV3 lawyer John Tizard will make submissions.

It is possible that if Justice Young is forced to a judgment that a fast-track appeal by either party could be heard this afternoon.

TV3 said several weeks ago that it would limit its leaders' debate to six of the eight parliamentary parties represented in Parliament, and that its latest poll results would determine who participated.

Mr Dunne and Mr Anderton argue that despite their low polling, they have a greater claim to be there than Act leader Rodney Hide, given that they are likely to retain their electorates and form part of the next Parliament.

In submissions, Mr Goddard cited case law in which other private organisations have been subject to judicial review over matters involving public functions.

"TV3 has breached its public law responsibilities by choosing an arbitrary and irrational criterion to determine which leaders of political parties to invite to participate in its broadcast," the submission said.

The galleries were packed with the two politicians' staff and law students.