New Zealand’s Ban on Candace Owens to Be Tested in Court

The Free Speech Union says it intends to challenge the ban, claiming that immigration ministers incorrectly interpreted the law.

Candace Owens, American conservative commentator and political activist, in Washington on June 25, 2019. Samira Bouaou/The Epoch Times

American commentator Candace Owens was denied a visa to enter New Zealand for a speaking engagement due to her previous ban from another country. The Free Speech Union has vowed to challenge the decision, arguing that Immigration New Zealand (INZ) misinterpreted the law when refusing Owens an Entertainer’s Work Visa.

She had applied for this visa but was automatically declined under a provision of the Immigration Act that says someone may not be granted a visa to come to New Zealand if they have been excluded from another country.

In October, Owens was denied entry to Australia. Immigration Minister Tony Burke justified the decision by stating that her comments could incite widespread discord.

“Australia’s national interest is best served when Candace Owens is somewhere else,” Burke said at the time.

“From downplaying the impact of the Holocaust with comments about [Nazi doctor Josef] Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction.”

Free Speech Union Disputes INZ’s Interpretation of the Law

New Zealand’s Free Speech Union claims INZ has written to NZ’s Immigration Minister Chris Penk, asking him to exercise his Ministerial discretion to overturn the ruling and is preparing legal action to challenge the decision. The union claims the department was wrong to claim the Act left them with no discretion.

“We do not believe Immigration New Zealand is applying an accurate interpretation of ‘exclusion’, which did not occur in this case,” said the Union’s Chief Executive, Jonathan Ayling.

The Union further argues that the relevant part of the Immigration Act applies to individuals convicted of serious crimes with prison sentences of more than five years, or those formally deported or removed from another country.

“Owens’ exclusion appears to [have] come as a result of technicalities of law, not an explicit decision by officials,” Ayling said.

“However, the fact that some, such as Young Labour, have already been calling on Immigration New Zealand to refuse Owens entry [means] they needed to be more certain of the legal requirements to avoid the perception of political partiality.”

He added that a mature country should be more open to different opinions.

“A sophisticated country is able to deal with opinions that some find controversial, distasteful, or even dangerous,” Ayling said.

“The most mature way to deal with these views is to challenge and rebut them, not to exclude them from the conversation. History is replete with examples where individuals sought to censor the most dangerous ideas, not challenge or rebut them. This has frequently been an especially costly mistake.

“There is no reason to think that Candace Owens poses any threat to Kiwis other than forcing them to consider perspectives some deem controversial.”

Owens was booked to deliver a speech in Auckland next month and planned to fly there to Australia until she was refused entry.

Tickets for the event ranged from $95 for general admission to $1,500 for a VIP package with a pre-show dinner, champagne reception, and meet-and-greet.

Owens, a prominent conservative commentator, has over 2.8 million subscribers to her YouTube channel, with over 900 videos viewed more than 349 million times.