The former politician who was convicted of sexual abuse appears in court with his lawyer Ian Brookie.
Photo: RNZ/Calvin Samuel

The government has proposed major change in name suppression laws This would end the secrecy around the identity of sex offenders.

He wants survivors — not judges — to have the power to decide whether convicted sex offenders will receive permanent name suppression.

This comes as a former politician, who is not a sitting MP, is set to be sentenced for sexually abusing two teenagers in the late 1990s.

His name remained secret temporarily for 667 days. and he is expected to ask the court for permanent name suppression on Friday.

One of this man’s victims, Nathan*, will be there. He told RNZ it was painful that the suppression of the offender’s name still prevented him from speaking openly about what happened.

“There is a lot of shame, a lot of pain… not being able to tell the truth or freely discuss what has affected me and my life experiences isolates me.

“It makes me feel alienated from my community and society.”

Helen*, the mother of the offender’s other victim, said the secrecy surrounding the man’s identity had destroyed lives.

“We know what it does to his victims and he’s walking around in public. It’s so wrong, it’s so wrong.

“How can someone who has been found guilty in a court of our country be allowed to do this? It’s just unbelievable.”

The government’s proposed law change would give survivors like Nathan the power to request permanent name suppression, rather than going to a judge.

Although it wouldn’t apply in retrospect, he said it was a great decision.

“To be honest, I was quite blown away… The survivors, immensely relieved, can speak their truth and the perpetrators will be named.

“It’s just…relieving is really the best I can do. Just like a displaced weight.”

Justice Minister Paul Goldsmith said he could not speak about specific cases, but he had heard how protracted legal battles over secrecy could be damaging.

“We are not basing this on any particular case, but it is a common occurrence and it has a terrible impact on the victims of this era because, ultimately, they are stifled in what they can say.”

He believed the public had a right to know who had been convicted of sex crimes and said around 70 permanent name suppression orders had been granted in 2023 alone.

“This has gone too far in practice and I think we need to tighten it up and really give some power to victims.”

Victims’ lawyer Ruth Money said it was good news and she had been inundated with correspondence from survivors.

“They are so relieved. They finally feel heard.

“I’m absolutely thrilled with this change. For far too many years, victims have felt gagged and felt like they were the ones being suppressed. So this finally gives them a voice in these decisions.”

But the Criminal Bar Association does not support the proposed changes.

Its vice-president, Sumudu Thode, said judges already took into account the views of victims and were best placed to make such decisions.

“A judge has the advantage of knowing why (defendants) are seeking name suppression and what evidence exists to support their argument as to why they should have their name suppressed.

“They have the legal training and expertise to be able to apply the law logically.”

Thode also expressed concerns about the possible impact on appeal rights.

“For us to appeal a decision, it must either be because the decision-maker was wrong in fact or in law.

“If all you get is a ‘yes or no’ without a reasoned decision, then appealing is difficult.”

The final form of the legislation is yet to take shape, with the bill still before a select committee.

The Justice Minister’s office confirmed that the law change would apply to any crimes of a sexual nature.

*The names of Nathan and Helen have been anonymized so as not to violate the automatic name suppression of victims of sex crimes.

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Where to get help for sexual violence:

New Zealand Police

Support for victims 0800 842 846

Rape crisis 0800 88 33 00

Rape prevention education

Empowering Confidence

HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 – press 0 in the menu

Safe to talk: a confidential 24/7 helpline for survivors, support people and those engaging in unsafe sexual behavior: 0800044334

Male Survivors Aotearoa

Network of Survivors of People Abused by Priests (SNAP) 022 344 0496