Justice Minister Kiri Allan. Photo / Mark Mitchell
Justice Minister Kiri Allan. Photo / Mark Mitchell
EDITORIAL
The new Justice Minister has said name suppression in our courts “is not working” because it’s afforded too often to people with the means to make strong bids for it.
Asked by TVNZ whether she believed name suppression was “working”, Kiri Allan said she thought it wasn’t.
“If you’rewell-funded ... well-resourced ... then you can seek to have your name suppressed for a range of different reasons.
“I don’t think that leads to just outcomes,” the minister said, adding that she has asked for “urgent advice” on what to do.
A Radio NZ investigation last year found Māori were charged with 43 per cent of crimes while accounting for just 17 per cent of interim and final name suppression granted. Pākehā were charged with just over a third of crimes — but accounted for two-thirds of interim and final name suppression.
The issue of name suppression is often contentious. The decision to deprive the public of information foments suspicion.
However, there can be good and compelling reasons for the orders.
There was outcry when the name of Grace Millane’s killer was suppressed. Overseas media outlets chose to name him, as they were outside the jurisdiction of New Zealand’s courts.
British backpacker Grace Millane was murdered in December 2018. Photo / Supplied
With the understandably high-profile nature of the case, speculation was rife on the reason for suppression. The public now know suppression was necessary as he had yet to stand trial for other charges. Naming him prior to these trials may have tainted a jury and, more importantly, deprived his victims of the opportunity of their day in court.
In pursuit of transparency and coverage, NZME, owner of the Herald, several sister publications and Newstalk ZB, devotes much resource and pays close attention to the courts and justice matters. It has also been supported with nearly $3 million from the Public Interest Journalism Fund for the Open Justice Te Pātiti project, funded to employ 15 specialist journalists to cover everything from the Supreme Court to the Tenancy Tribunal.
Public airing of what transpires through our courts is a key to identifying inequities and addressing them.
The minister is right. Suppression is more often sought and appealed for by those who can afford the best counsel. However, this inequity exists across many facets of the justice system.
Pākehā are discharged without conviction at higher rates than Māori. On conviction, Māori are more likely to go to jail than Pākehā.
These facts, in themselves, do not mean the system needs changing. What they mean is our courts need constant and careful scrutiny. This requires an attentive minister and it is heartening to have Allan be so forthright on suppression.
