While it was possibly discriminatory to refuse permission for the Divine Land Auckland
It was left open for Falun Gong to participate in future years, should it establish a detailed case following a full court hearing. But the court was not willing to make a last minute order on the basis of what was described as a relatively weak case.
For several years, the Falun Gong band has applied to take part in Auckland
Falun Gong told the Trust board it was not a political organisation and claimed that its band would be appropriate entertainment as part of the parade. The board did not agree. It claimed there was a political agenda which was inappropriate as family entertainment.
While it does protest against what it says is persecution by the Chinese Communist Party, Falun Gong describes itself as a spiritual group.
In the High Court, Justice Randerson emphasised it is not the role of the Court to decide who may take part in the parade. That is the role of the Trust board. The Court’s job is to ensure that any decision taken by the Board is in accordance with the law.
It was not clear whether the Trust board did carry out any “public functions” such that the New Zealand Bill of Rights Act 1990 applied to decisions over who could take part.
The Court ruled there is very weak case for arguing that the need to apply to the city council for a permit to hold the Santa parade on public streets could amount to a “public function”. If so, Falun Gong would need to prove the decision to exclude its band from the parade was discriminatory, in breach of the Act. In 2006, the Divine Light Brass Band was invited to take part in the Santa Parade, but approval was quickly overturned by the Trust board on learning that it was associated with Falun Gong.
Falun Dafa v. Auckland
01.09.004