What the hell is going on with “Name Suppression”???

December 9, 2009 by Avalon
Filed under: Life in New Zealand

One thing I find highly disturbing in New Zealand is the ease with which many people get “Name Suppression” if they are charged with a crime. This is something I have never come across before, so was really confused about it when I came here.

Basically, if you break the law, you can (supposedly in exceptional circumstances) apply to the court for name suppression if having it blurted out that you have charged with a crime would cause you significant damage.

Errr – how about not breaking the law?

The disturbing thing is that in most cases, “exceptional circumstances” means either rich or more often famous. Which is despicable and as far as I’m concerned and an appalling abuse of the law.

There have been some high profile cases lately, which have brought this occurrence into light, and calls are beginning to stop giving Name Suppression to “celebrities” just because they are famous.

The most revolting case concerns an “entertainer” who allegedly (was acquitted) grabbed a girl by the head and forced her face into his crotch. We are not allowed to know who this is because of this ridiculous law.

On the news last week was a segment about this – in which the Prime Minister said he knew it was, because he had asked someone he thought would know. Its pretty much an “open secret” who it is it seems (and no – I don’t know – but apparently you can find out using Google). It had leaked on the Internet (freedom of speech just doesn’t die that easy), and part of the discussion raging is how to deal with Internet posters who can and will post information that a court has deemed must not be published.

For a start – I think the courts might want to take a look at the justice involved in allowing rich or famous New Zealanders to hide behind “Name Suppression”. Its hard to have anything but contempt for a justice system that is so out of whack.

An unfortunate side effect of allowing this guy to hide his identity is that other “entertainers” have been suspected of being the man involved. Not a good way to see that fairness and natural justice is done.

Whatever you do – don’t come to New Zealand expecting that there is one law that applies to everyone. The reality is that the law is applied depending on who you are, what you are, and the colour of your skin. I think there is something very wrong in a country when justice depends on who you are.

Information on Name Suppresion from the Sensible Sentencing Trust

Do the laws around name suppression in NZ courts need changing?

Kiwiblog entry on Name Suppression and the musician.

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