The former speaker of the House Trevor Mallard. Photo: VNP / Phil Smith
Former Speaker of the House Trevor Mallard is being sued by a child over blasting repetitive bad music from loudspeakers during the 2022 Parliament protest and occupation.
During the occupation, Mallard used the speaker system to play music and the sprinklers to try and deter protesters and move them on from the lawn.
The lawyer for the child, Tudor Clee, confirmed to RNZ the case was filed at the High Court in Wellington naming the attorney-general and speaker as defendants.
Clee said the case was in its very early stages and would be before a judge for its first callover on 7 July to deal with the name suppression, given the client is a minor.
The case seeks a declaration that the child's rights were breached, as well as damages of $40,000 for three separate breaches.
Clee said Mallard was being sued for two breaches of the Bill of Rights - the right not to be subjected to torture or cruel treatment and the freedom of association.
The third is a tort - a civil wrong - claiming misfeasance in public office, where a public officer intentionally abuses their power, causing harm to another person.
The lawyer said this was an unusual claim to file, but covered the intentional use of what he described as "military torture techniques" when Mallard set up loudspeakers to prevent protesters resting and sleeping.
Speaking to Midday Report, Clee claimed the former speaker breached his client's right to be free from torture and cruel treatment and her right to freedom of protest.
"We all remember that the speaker had flooded the lawns, and he subsequently said he knew he was flooding excrement into the lawns when he did it." Clee said.
"We've got three years later now, and we're looking back with fresh eyes, and the fact is, this is just the wrong way to treat protesters and frankly, unlawful."
His client was seeking a declaration that it was wrong to breach her rights in this way and a financial penalty to recognise the harm, Clee said.
A spokesperson for the Crown Law Office confirmed the Attorney-General, Judith Collins, had been named as a defendant and was taking advice on how to respond to the claim.
Clee said once the other parties had filed a statement of defence, he expected a trial could take place in a year.
Mallard declined to comment to RNZ.
