The former political figure who was convicted of sexual abuse is heading to court with his lawyer Ian Brookie.
Photo: RNZ/Calvin Samuel

The government has proposed a major change in name suppression laws that would end the secrecy surrounding the identities of sex offenders.

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

It comes as a former political figure, who is not a sitting MP, is about to be sentenced sexually abused two teenagers in the late 1990s.

His name was temporarily withheld for 667 days and he is expected to ask the court to permanently suppress the name on Friday.

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

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

“It makes me feel quite distant 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 he does to his victims and he walks around in public. It’s so wrong, it’s so wrong.

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

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

While this won’t apply retroactively, he said it was a great move.

“I was stunned to be honest…very relieved survivors can speak their truth and the perpetrators will be named.

“It’s just that… relief is really the best thing I can do. Just like a weight being moved.”

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

“We’re not basing this on any particular case, but it’s a common occurrence and it has a terrible impact on victims at the moment because they’re ultimately silenced about what they can say.”

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

“It’s gone too far in practice and I think we need to tighten it up and really give some power to the victims.”

Victims advocate Ruth Money said it was welcome news and she had been inundated with correspondence from survivors.

“They are so relieved. They feel heard, finally.

“I am absolutely delighted with this change. For far too many years, victims have felt down and like they are the ones being suppressed. So this finally gives them a voice in these decisions.”

But the Criminal Bar does not support the proposed changes.

His deputy, Sumudu Thode, said the judges had already taken the victim’s views into account and were best placed to make such decisions.

“A judge has the benefit of knowing why (defendants) are seeking name suppression and what evidence exists to support their claim as to why they should obtain name suppression.

“They have the experience and the legal background to be able to apply the law in a logical way.”

Thode also raised concerns about the potential impact on appeal rights.

“In order for us to challenge a decision, it must be either because the decision-maker made a mistake in fact or in law.

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

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

The Justice Minister’s office has confirmed that the change to the law will apply to any sexual offences.

*Nathan and Helen’s names have been anonymized in order not to violate the automatic suppression of names of victims of sex crimes.

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Where to get help for sexual violence:

NZ Police

Support for victims 0800 842 846

Rape Crisis 0800 88 33 00

Rape prevention education

Trust in empowerment

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

Safe to talk: a 24/7 confidential helpline for survivors, supports people and those with harmful sexual behavior: 0800044334

Male Survivors Aotearoa

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