New Name Suppression Laws In Effect

The new name suppression laws came into effect yesterday. I feel pretty chuffed that I forced this to happen:

Law reforms making it harder to get name suppression came into effect yesterday, in what Justice Minister Judith Collins says represents a substantial reform to criminal procedure.

Ms Collins says the new legislation should add clarity to the laws surrounding name suppression, which she says “could be granted too easily and inconsistently” prior to the legislation.

The Criminal Procedure Act 2011, which contains the new legislation, “sets out a clear set of criteria for the courts to use when deciding whether suppression is appropriate or not”, she says.

Before the law change, defendants could be granted name suppression when publication of their name could have resulted in ‘undue’ hardship for them or others. This has now been raised to ‘extreme’ hardship – and being in the public eye isn’t enough for automatic suppression.

There will be no presumption of extreme hardship simply because a defendant is well-known, which Ms Collins says upholds the principle of “open justice”.

“There is no reason for a defendant to get name suppression simply because they are famous.”

 


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  • Bloketinakapuna

    Brilliant – great result Wo! (How did your blog name come about anyway? Just curious?)

    Hopefully, NZ will have a list of named and shamed published often – so renta-thugs like Matt McCarten don’t get to rack up over $150K in unpaid taxes. NZ should have been made aware of these on-going thefts before his tax bill got to over $10K – let alone over $150K.

    Mind you – poetic justice – Cancer will cure his deliberate thieving! 

    • jonno1

      Bloke, try saying “Whale Oil Beef Hooked” out loud in an Irish accent (but not in front of the children).

      • Bloketinakapuna

        haha – brilliant!

        Reminds me of years ago when playing indoor cricket we played against a team called “Faragon Iceholes”… and the joke was only got when said in an Irish accent!

        Cheers Jonno for the info… 

      • Guest

        Clearly I can’t do an Irish accent well enough but I just don’t get it.

        Please help as its driving me crazy.

      • Ciaron_A

        @ Guest:  Well, I’ll be fucked.

  • Alex

    Well done Whale Oil, unfortunately you had to take a fall for the public good before the politicians decided to act in the public’s best interests.

  • Mr_Blobby

    Well Done. But it still does not go far enough. Why can’t we have a clear definition, that doesn’t rely on weasel words like undue and extreme? It still leaves the door open for lawyers to argue the meaning and level of extreme.

    • Quintin Hogg

      Mr B.

      Lawyers love definitions.  They mean one thing to one person and something entirely different to someone else.

  • parorchestia

    Well done Whale, but I agree with Mr_Blobby.  
    And our new targets for reform should be  1, getting rid of the quaint but awful system of concurrent sentences.And 2, let’s make all convicts serve their full terms.  If they misbehave or commit criminal acts they should have their term lengthened.  The hearing could be handled by an internal panel rather than a court.   
    The expectation is that all prisoners should behave in prison. Or else. 

    • Blokeintakapuna

      Agree – or maybe since we have a FTA with China – we can export some of our shit to them in return – have these recidivist criminals spend their incarceration time care of the Chinese government – at a fraction of the cost to the NZ tax payer… and if the criminals don’t like it… good and tough diddims – they shouldn’t have done the crime if they don’t like the time.

      Imagine how quickly the “wanna-be gansta’s” will evaporate making entry into gangs not such a right of passage in the underworld.

      • Philip ure a cock

        Oh that’s a great idea! Not just outsourcing prisons but off shoring them! That would give the NIMBY lefties some cognitive dissonance to grapple with!

      • Euan Rt

        Well they wouldn’t be complaining about the thickness of their mattresses – they would’t have one to complain about, and their gourmet cuisine would be boiled rice and water. I think this might have some merit.

  • Matt

    Great law – I prefer to hear about the crimes of famous boof-head all-blacks (current and ex) as soon as they happen.

  • jay cee

    suppression orders  were put in place to protect innocent family members.thanks to smart alec lawyers abusing the loophole the  law has had to be amended. if you were responsible for this WO then well done.

    • Greg M

       Bollocks. The so called “celebrities” need to think more about their innocent family members before they break the law. They are now answerable to the public, same as you and me. Bloody good job WO.

  • Annonymous

     One that should be reviewed
    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10680963
    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10603835

    Same person both articles, now jumped out of NZAC (New Zealand Association of Counselors), amid AN INVESTIGATION.

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