Government proposes law change on name suppression for sex offenders

The government is proposing a law change that would give sexual abuse survivors the power to decide if convicted offenders get permanent name suppression.

This power currently sits with judges, who take victims' views into consideration when making decisions on this type of application.

Justice Minister Paul Goldsmith said existing laws had effectively gagged survivors from talking about their experiences and warning others.

"It's fundamental that society should know who has been convicted of serious crimes. Yes, there is an opportunity for name suppression in certain cases, but our sense in this area [is that] it's gone too far in practice, and I think we need to tighten it up and really give some power to the victims.

Goldsmith estimated around 70 convicted sex offenders were granted permanent name suppression in 2023.

He stressed the proposed new decision-making power for survivors would be optional, and defer back to the judiciary if survivors did not want to - or could not - make the call.

"Of course, not all victims will want to engage with this and so we're very clear in the policy decision that if a victim doesn't want to make that decision, doesn't want to engage, doesn't want anything to do with it, then the court will deal with that matter.

"We certainly don't want to force any victims of crime to be in a position where they feel like they have to make a decision; they don't have to."

The minister's office confirmed the list of qualifying offences for this law change was wide-reaching and would include any crimes of a sexual nature.

If multiple victims' decisions were not the same, the court would deal with each victim and the individual charges separately, meaning the defendant could be named in relation to some charges, but not others.

The government also proposed changes to the existing 'automatic' name suppression laws that apply to victims, to include those harmed in intimate visual recording offences.

"Victims of intimate visual recording offences currently have to ask the court for name suppression. This only causes further distress, and many worry that their name or details will be published without their knowledge," Goldsmith said.

"New Zealand's name suppression laws need to better empower victims of sexual offences, ensure openness of court proceedings, and that people convicted of serious sexual crimes are identified and held to account."

The proposed law changes were being added to the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill that was currently before the select committee.

'This is a game changer'

Victim advocate Ruth Money said she was thrilled about the change and had been "overwhelmed" with survivors contacting her to say they were relieved.

"This is a huge deal that we can't underestimate. This is a game changer. It brings us into line with other jurisdictions."

"For far too many years, victims have felt gagged and like they're the ones that have been suppressed. So this finally gives them a voice in these decisions."

Money said it was an issue that regularly came up in her line of work and the public should not underestimate the impact it would have on survivors.

"This is a daily conversation for me. I'm supporting survivors through these types of hearings multiple times a day and educating them around a really infuriating and unfair process.

"Everybody believes that upon conviction, or once you've plead guilty, that things can be open and transparent like the justice system should be.

"It's very damaging when survivors learn that the person who has sexually abused them has got interim name suppression or is applying for final suppression."