Judith Collins formally calls on Jacinda Ardern to remove Trevor Mallard as Speaker

March 24, 2021

Fresh information has come to light about a false rape allegation he made.

National Party leader Judith Collins is accusing the Speaker of acting "as a bully" and has written to the Prime Minister, calling on her to remove Trevor Mallard as Speaker over his incorrect claim a rapist was working at Parliament.

By Anna Whyte and Benedict Collins

"To allow the situation to continue, by claiming that this is a matter for Parliament is, I believe, intolerable," Collins said.

"In my years in Parliament I have never witnessed a Speaker behave in the way Mr Mallard has towards Parliament, PQW [the man he falsely accused of being a rapist] and New Zealand taxpayers," Collins wrote to the Prime Minister.  

The controversy was spurred by Mallard incorrectly describing an allegation as rape in the Parliament bullying and harassment report.

During media interviews with RNZ and TVNZ1's Breakfast on 22 May 2019, Mallard erroneously claimed that the complaints received were "rape" and "in the rape category".

National MP Chris Bishop said today in the House that a statement of claim, seen by 1 NEWS, filed during the defamation case said that Parliamentary Services communicated with Mallard in the hours after both interviews, advising him that the complaint did not concern an allegation of rape.

Mallard repeated the allegation that afternoon in a separate media conference. When asked whether he stood by his view that the assaults were tantamount to rape, Mallard responded, "yes, and anyone who’s been involved in looking at the rape law would be aware of the definition of rape in New Zealand". 

After Bishop's speech, Mallard told the House he looked forward to the hearing of the Estimates, "where the truth will be told". Estimate Hearings see ministers in front of Select Committee to be questioned on budget plans. 

When asked for comment, Mallard told 1 NEWS "any response outside a parliamentary proceeding would breach the mediation agreement".

When asked for confirmation there was communication between Parliamentary Services and Mallard during the timeframe on May 22, 2019, Parliamentary Service chief executive Rafael Gonzalez-Montero said that "any communication between the Parliamentary Service and members of Parliament is confidential".

On June 10, 2019, the staffer's lawyer contacted Mallard seeking an apology and compensation. Bishop said the statement of claim then says Mallard intended to defend any claim vigorously.

Mallard apologised on December 9, 2020, accepting he was incorrect to describe allegations made in Parliament's 2019 bullying review as rape. On December 16, Mallard told MPs he knew within 24 hours he made an error in comments made around a rapist in Parliament accusation.

Mallard appeared at the time before a Select Committee over the defamation case, which has cost taxpayers $333,600 to settle.

When asked if Mallard should resign, Jacinda Ardern said no and "the issues raised today are issues that have already been traversed".

Ardern was then asked about Mallard reiterating the incorrect claim during an afternoon media conference.

Ardern said he has "rightly apologised for his statements and what happened thereafter".

"My view, though, is the information that has been brought to the table here is in substance no difference than what has already been addressed at Select Committee."

She said Mallard was not a bully, adding, "not in my view, of course".

"But in this case, he has done wrong and he has apologised for that."

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