web analytics

The reform that wasn’t there

Written By: - Date published: 8:05 am, July 24th, 2009 - 36 comments
Categories: law and "order" - Tags:

Justice Minister Simon Power:

I believe we need to have an open debate about the way in which sexual violence cases are conducted.

In this regard, I am currently considering potentially far-reaching reforms, including:…Making evidence about previous sexual relationships between the complainant and any person inadmissible without prior agreement of the judge.

umm…

Evidence Act 2006
44 Evidence of sexual experience of complainants in sexual cases

  • (1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.

What’s the next great reform? ‘Power sez robbing people to be illegal’

In the words of a lawyer, Gary Gottlieb, interviewed on RNZ: “where did he get his law degree?”

[Bad look for the Herald too, twice in a week running a politicans’ story straight without checking the facts first]

36 comments on “The reform that wasn’t there ”

  1. Sting 1

    Simon says lets all sing the Kleptocracy song – government of the thieves, by the thieves, for the thieves. He stole my right in a democracy . Hey Simon says lawyers know best. What a fuckwit he is. I detest politicians, they make my blood heat up to 216 C. Anybody got a brain cell in the Beehive. What a sick sad joke.

  2. Justin 2

    I think the point here is, Simon Power is making substantive progressive changes to the Justice system, to make it fairer – which the previous Government had nine years to make.

    e.g. removing the obnoxious and often homophobic provocation defence, putting onus on defendent in rape cases.

    These changes should applauded, and are a demonstration that Power is taking these issues seriously.

    Progressive change in the justice system should be applauded whatever party it comes from.

    Labour Justice spokeswoman Lianne Dalziel on Radio NZ this morning indicated full support for these moves. How about an giving the Government some credit here?

    • Maynard J 2.1

      If what Gottlieb said was true, should we applaud Power for grandstanding and trying to score points for trumpeting non-existant changes to the system?

      Should we applaud him for making a knee-jerk reaction to criticism of knee-jerk reactions? Elias’ speech was a good example of real progressive reform. Hurried removal of the provocation defence, without spending much, if any, time looking at the implications of it – I am wary, and hope they know what they are doing.

      • Tigger 2.1.1

        Labour was pushing provocation long before National ever crept into government. If Power is so altruistic why not support Labour’s Bill rather than want the ‘glory’ for themselves.

        Maynard – the provocation defence has long been debated and derided. Can you name me any justifcation for it?

        • Maynard J 2.1.1.1

          Tigger – do you think there could be any forseeable reason where anyone might ever be goaded into killing someone, without the express intent to do so, but which falls short of self-defence?

          I could not say “no” to that definitively – hence being wary of a rushed change to make National look good (and with Labour me-too-ing) when there could be problems down the track.

          Thoise with legal experience have expressed similar views (and, admittedly, have very much influenced my thinking).

      • Rex Widerstrom 2.1.2

        Hurried removal of the provocation defence, without spending much, if any, time looking at the implications of it

        You’re right, Maynard J. And because both Power and Dalziel are determined to continue to engage in a “who’s tougher on crime” pissing contest, such questions will never be seriously posed let alone answered.

        The logical fallacy underlying the argument that “one obviously dangerous nutjob tried to use it (and failed) in a completely unjustified way, ergo every defendant who might use it is a dangerous nutjob who has no justification trotting it out” is obvious.

        But Dalziel’s ill-thought-out bandwagonning ensures that even most left voices are unquestioningly in favour. Far better a win for “our side” than pausing for breath and considering the implications.

    • Lauren 2.2

      It was Leanne Dalziel who submitted a private members bill to remove the provocation defence but it wasn’t added to the ballot while the Weatherston case was before the courts. How bout the government gives some credit where it’s due?

      • jasper 2.2.1

        Lauren

        It was Charles Chauvel’s bill, supported by Dalziel.
        Dalziel didn’t want to put the provocation bill in the ballot while the two cases – Weatherston and the German guy – were before the courts.

        That’s all there is to it.

  3. cha 3

    Dad spotting 101 , always a space before the punctuation .

  4. ghostwhowalks 4

    Hers another reform that wasnt there:

    National blocks move to remove provocation

    The National Party today stopped Labour’s Justice Spokesperson, Lianne Dalziel, from advancing her bill to remove the partial defence of provocation.

    Ms Dalziel was seeking leave to place the bill on Parliament’s order paper for debate, however the move was blocked by National’s Senior Whip Chris Tremain.

  5. Maggie 5

    There is a subtle difference between what Power is saying and the wording of the Evidence Act,

    The Act bars evidence of a sexual relationship between a complainant and any person other than the defendant. Power is talking about barring evidence of a relationship with any other person.

    Does he really intend that where a couple have a relationship, then one accuses the other of rape, that relationship cannot not be revealed in court unless the Judge agrees?

    • snoozer 5.1

      No, read Power’s speech, it’s quoted above for you

      “I am currently considering potentially far-reaching reforms, including: Making evidence about previous sexual relationships between the complainant and any person inadmissible without prior agreement of the judge.”

      • snoozer 5.1.1

        oops, sorry I missed your point earlier. Yeah it looks like his point is to make evidence about the alleged victim and offenders’ previous sexual relations inadmissable.. seems like that could be a step too far, that info is likely to be very relevant to establishing consent

  6. Terry 6

    Ha ha, the Heralds headline just changed from:

    “Rape complainants’ sexual pasts to be kept secret”

    to

    “Lawyers ‘gobsmacked’ minister proposing existing law”

  7. Draco T Bastard 7

    [Bad look for the Herald too, twice in a week running a politicans’ story straight without checking the facts first]

    You’re talking the NZHerald here – facts aren’t their strong point. Hell, you just had to read their justification for PPPs the other day to realise that – they were actually saying that PPPs in the UK and Australia had been a great success rather than the costly ballsup they had been.

  8. J Mex 8

    What a cock up. The crazy thing is that this wasn’t an off the cuff suggestion, but a fully worked up speech given by a worked up Justice Minister.

    Dreadful.

    Captcha: Encouraging.

    Hardly.

    • felix 8.1

      Yep, and according to Key yesterday, Powers’ speech was definitely not just a reaction to recent high-profile court cases either – it’s one he’s been working on for ages and ages and any relevance to recent events is pure coincidence.

      Is it too early for a Tui? It is Friday after all.

  9. randal 9

    the first thing power must do is make a law preventing the press from publishing any details fof a sexual nature.
    law is turning into a salcious circus with everybody “getting off'” on the details and then wanting to ban it all afterwards.
    there seems to be a falilure of ethical and moral standards at the moment that defendants are exploiting for ends of their own.
    as we have just seen in the clayton weatherstone case the people have formed an opinion about his dirty laundry and the judge should either have ruled it inadmissible evidence or held that portion of the case in camera or used it as a reason for insantiy and detention at her majesty;s pleasure.
    too many post modernism relatavist circusses and soft options flying around these days.

  10. Power through the Herald has just launched a broadside at the criticisms. He now says that the reform is not understood. In particular the Herald reports,

    “But this relates to sexual history with people other than the accused. Mr Power said currently the previous sexual relationship between the complainant and the accused does not need the judge’s agreement before being brought up in court.”

    The link is at http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10586341

    He is right but this does not appear to be what he said before.

    The Herald quote from above says “[i]n this regard, I am currently considering potentially far-reaching reforms, including: Making evidence about previous sexual relationships between the complainant and any person inadmissible”

    So what is it? Accused only or any person?

    And is Power responsible for the sloppy language or the Herald?

  11. Ooooooooooooooooh

    I just checked the beehive website and the speech is there. The link is at http://www.beehive.govt.nz/speech/criminal+justice+system+reform+coming

    The speech includes the following gem:

    “In this regard, I am currently considering potentially far-reaching reforms, including:

    Making evidence about previous sexual relationships between the complainant and any person inadmissible without prior agreement of the judge.”

    Either Power did not read the speech or he intends to introduce a reform that has already been passed. Either way he should apologise to all of those he said should “read proposals before criticising”.

    I just read the speech and I still think the criticism is valid.

    • Graeme 11.1

      Either Power did not read the speech or he intends to introduce a reform that has already been passed.

      The reform proposed/floated is:

      Making evidence about previous sexual relationships between the complainant and any person inadmissible without prior agreement of the judge.

      This has not “already passed”. The current law is that:

      evidence about previous sexual relationships between the complainant and any person (except the accused) is inadmissible without prior agreement of the judge.

      • mickysavage 11.1.1

        Agreed Graeme but why didn’t Power say that the proposed reform would be that evidence about previous sexual relationships between the complainant and the accused would be inadmissible without prior agreement of the judge.

        The way that he expressed it was very sloppy. I would expect the senior lawyer in Cabinet to be much better with his language.

        The attack on Gotlieb and others was also not warranted. The problem was Power’s sloppy language, not Gotlieb’s understanding.

        • Graeme 11.1.1.1

          It was a speech. The headline of the policy (which was very much a sideline in the speech) is “no rape complainant should have to face questions about their sexual history unless it’s really really important.”

          Most people understand what the the word “any” means. If he’d said no rape complainants should have to face question about their previous sexual history with the defendant, some idiot would be asking “what about all those questions about vicitms sexual history with other people? those are even worse”.

Links to post

Recent Comments

Recent Posts

  • Vision for Māori success in tertiary education takes another step
    Education Minister Chris Hipkins and Associate Education Minister Kelvin Davis have welcomed the release of a paper from independent advisory group, Taumata Aronui, outlining the group’s vision for Māori success in the tertiary education system. “Manu Kōkiri – Māori Success and Tertiary Education: Towards a Comprehensive Vision – is the ...
    BeehiveBy beehive.govt.nz
    1 hour ago
  • Whānau Resilience focuses on wāhine and rangatahi
    The best way to have economic security in New Zealand is by investing in wāhine and our rangatahi says Minister for Māori Development. Budget 2022, is allocating $28.5 million over the next two years to strengthen whānau resilience through developing leadership within key cohorts of whānau leaders, wāhine and rangatahi ...
    BeehiveBy beehive.govt.nz
    3 hours ago
  • Increase in funding secures future for Whānau Ora
    Whānau Ora Commissioning Agencies will receive $166.5 million over four years to help whānau maintain and build their resilience as Aotearoa moves forward from COVID-19, Minister for Whānau Ora Peeni Henare announced today. “Whānau Ora Commissioning Agencies and partners will remain a key feature of the Government’s support for whānau ...
    BeehiveBy beehive.govt.nz
    4 hours ago
  • Govt invests in sustainable food producer
    The development of sustainable, plant-based foods and meat alternatives is getting new government backing, with investment from a dedicated regional economic development fund. “The investment in Sustainable Foods Ltd  is part of a wider government strategy to develop a low-emissions, highly-skilled economy that responds to global demands,” said Stuart Nash. ...
    BeehiveBy beehive.govt.nz
    4 hours ago
  • New Zealand to stay at Orange for now
    With New Zealand expecting to see Omicron cases rise during the winter, the Orange setting remains appropriate for managing this stage of the outbreak, COVID-19 Response Minister Chris Hipkins said today. “While daily cases numbers have flattened nationally, they are again beginning to increase in the Northern region and hospitalisation ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Independent panel appointed to review electoral law
    Justice Minister Kris Faafoi today announced appointments to the independent panel that will lead a review of New Zealand’s electoral law. “This panel, appointed by an independent panel of experts, aim to make election rules clearer and fairer, to build more trust in the system and better support people to ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Board appointed for Auckland’s most transformational project
    Honourable Dame Fran Wilde will lead the board overseeing the design and construction of Auckland’s largest, most transformational project of a generation – Auckland Light Rail, which will connect hundreds of thousands of people across the city, Minister of Transport Michael Wood announced today. “Auckland Light Rail is New Zealand’s ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Government continues record Māori Education investment
    Boost to Māori Medium property that will improve and redevelop kura, purchase land and build new facilities Scholarships and mentoring to grow and expand the Māori teaching workforce Funding to continue to grow the Māori language The Government’s commitment to the growth and development of te reo Māori has ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • PM attends Indo-Pacific Economic Framework talks ahead of US travel
    On the eve of Prime Minister Jacinda Ardern’s trade mission to the United States, New Zealand has joined with partner governments from across the Indo-Pacific region to begin the next phase of discussions towards an Indo-Pacific Economic Framework for Prosperity (IPEF). The Framework, initially proposed by US President Biden in ...
    BeehiveBy beehive.govt.nz
    19 hours ago
  • NZ to provide additional deployment to support Ukraine
    As part of New Zealand’s ongoing response to the war in Ukraine, New Zealand is providing further support and personnel to assist Ukraine to defend itself against Russia’s unprovoked and illegal invasion, Prime Minister Jacinda Ardern announced today. “We have been clear throughout Russia’s assault on Ukraine, that such a ...
    BeehiveBy beehive.govt.nz
    23 hours ago
  • Stubbing out tobacco smuggling
    Budget 2022 is providing investment to crackdown on tobacco smuggling into New Zealand. “Customs has seen a significant increase in the smuggling of tobacco products into New Zealand over recent years,” Minister of Customs Meka Whaitiri says. This trend is also showing that tobacco smuggling operations are now often very ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • Prime Minister to visit United States
    Prime Minister to lead trade mission to the United States this week to support export growth and the return of tourists post COVID-19. Business delegation to promote trade and tourism opportunities in New Zealand’s third largest export and visitor market Deliver Harvard University commencement address  Prime Minister Jacinda Ardern ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Prime Minister congratulates Anthony Albanese
    Prime Minister Jacinda Ardern has congratulated Anthony Albanese and the Australian Labor Party on winning the Australian Federal election, and has acknowledged outgoing Prime Minister Scott Morrison. "I spoke to Anthony Albanese early this morning as he was preparing to address his supporters. It was a warm conversation and I’m ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Poroporoaki: Dame Aroha Reriti-Crofts DNZM CBE JP
    Tiwhatiwha te pō, tiwhatiwha te ao. Tiwhatiwha te pō, tiwhatiwha te ao. Matariki Tapuapua, He roimata ua, he roimata tangata. He roimata e wairurutu nei, e wairurutu nei. Te Māreikura mārohirohi o Ihoa o ngā Mano, takoto Te ringa mākohakoha o Rongo, takoto. Te mātauranga o Tūāhuriri o Ngai Tahu ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Boost for tourism networks as borders open
    Three core networks within the tourism sector are receiving new investment to gear up for the return of international tourists and business travellers, as the country fully reconnects to the world. “Our wider tourism sector is on the way to recovery. As visitor numbers scale up, our established tourism networks ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Law changes passed stopping tax evasion on water-pipe tobacco
    The Minister of Customs has welcomed legislation being passed which will prevent millions of dollars in potential tax evasion on water-pipe tobacco products. The Customs and Excise (Tobacco Products) Amendment Act 2022 changes the way excise and excise-equivalent duty is calculated on these tobacco products. Water-pipe tobacco is also known ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government support for Levin community hit by tornado
    The Government is contributing $100,000 to a Mayoral Relief Fund to help the Levin community following this morning’s tornado, Minister for Emergency Management Kiri Allan says. “My thoughts are with everyone who has been impacted by severe weather events in Levin and across the country. “I know the tornado has ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Statement from the Quintet of Attorneys General in support of Prosecutor General Iryna Venediktova a...
    The Quintet of Attorneys General have issued the following statement of support for the Prosecutor General of Ukraine and investigations and prosecutions for crimes committed during the Russian invasion of Ukraine: “The Attorneys General of the United Kingdom, the United States of America, Australia, Canada, and New Zealand join in ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Andrew Little Budget 2022 post-Budget health speech, Auckland, 20 May 2022
    Morena tatou katoa. Kua tae mai i runga i te kaupapa o te rā. Thank you all for being here today. Yesterday my colleague, the Minister of Finance Grant Robertson, delivered the Wellbeing Budget 2022 – for a secure future for New Zealand. I’m the Minister of Health, and this was ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Govt helps supermarket shoppers get a fair deal
    Urgent Budget night legislation to stop major supermarkets blocking competitors from accessing land for new stores has been introduced today, Minister of Commerce and Consumer Affairs Dr David Clark said. The Commerce (Grocery Sector Covenants) Amendment Bill amends the Commerce Act 1986, banning restrictive covenants on land, and exclusive covenants ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Prime Minister: Wellbeing Budget 2022 speech
    It is a pleasure to speak to this Budget. The 5th we have had the privilege of delivering, and in no less extraordinary circumstances.  Mr Speaker, the business and cycle of Government is, in some ways, no different to life itself. Navigating difficult times, while also making necessary progress. Dealing ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Future resource management system implementation funding
    Budget 2022 provides funding to implement the new resource management system, building on progress made since the reform was announced just over a year ago. The inadequate funding for the implementation of the Resource Management Act in 1992 almost guaranteed its failure. There was a lack of national direction about ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Funding certainty for quality public media
    The Government is substantially increasing the amount of funding for public media to ensure New Zealanders can continue to access quality local content and trusted news. “Our decision to create a new independent and future-focused public media entity is about achieving this objective, and we will support it with a ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Funding boost secures Defence capabilities
    $662.5 million to maintain existing defence capabilities NZDF lower-paid staff will receive a salary increase to help meet cost-of living pressures. Budget 2022 sees significant resources made available for the Defence Force to maintain existing defence capabilities as it looks to the future delivery of these new investments. “Since ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Budget 2022 supports resilient and sustainable cultural sector
    More than $185 million to help build a resilient cultural sector as it continues to adapt to the challenges coming out of COVID-19. Support cultural sector agencies to continue to offer their important services to New Zealanders. Strengthen support for Māori arts, culture and heritage. The Government is investing in a ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Minister of Finance: Wellbeing Budget 2022 Speech
    It is my great pleasure to present New Zealand’s fourth Wellbeing Budget. In each of this Government’s three previous Wellbeing Budgets we have not only considered the performance of our economy and finances, but also the wellbeing of our people, the health of our environment and the strength of our communities. In Budget ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Wellbeing Budget 2022 Speech
    It is my great pleasure to present New Zealand’s fourth Wellbeing Budget. In each of this Government’s three previous Wellbeing Budgets we have not only considered the performance of our economy and finances, but also the wellbeing of our people, the health of our environment and the strength of our communities. In Budget ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Coronial delays addressed by Budget 2022
    Four new permanent Coroners to be appointed Seven Coronial Registrar roles and four Clinical Advisor roles are planned to ease workload pressures Budget 2022 delivers a package of investment to improve the coronial system and reduce delays for grieving families and whānau. “Operating funding of $28.5 million over four ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Paving the way for better outcomes for disabled people
    Establishment of Ministry for Disabled People Progressing the rollout of the Enabling Good Lives approach to Disability Support Services to provide self-determination for disabled people Extra funding for disability support services “Budget 2022 demonstrates the Government’s commitment to deliver change for the disability community with the establishment of a ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Investing in education so all Kiwis can succeed
    Fairer Equity Funding system to replace school deciles The largest step yet towards Pay Parity in early learning Local support for schools to improve teaching and learning A unified funding system to underpin the Reform of Vocational Education Boost for schools and early learning centres to help with cost ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Primary sector backed to grow and innovate
    $118.4 million for advisory services to support farmers, foresters, growers and whenua Māori owners to accelerate sustainable land use changes and lift productivity  $40 million to help transformation in the forestry, wood processing, food and beverage and fisheries sectors  $31.6 million to help maintain and lift animal welfare practices across Aotearoa New Zealand A total food and ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • More support for first home buyers and renters
    House price caps for First Home Grants increased in many parts of the country House price caps for First Home Loans removed entirely Kāinga Whenua Loan cap will also be increased from $200,000 to $500,000 The Affordable Housing Fund to initially provide support for not-for-profit rental providers Significant additional ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Budget lifts up to 14,000 children out of poverty
    Child Support rules to be reformed lifting an estimated 6,000 to 14,000 children out of poverty Support for immediate and essential dental care lifted from $300 to $1,000 per year Increased income levels for hardship assistance to extend eligibility Budget 2022 takes further action to reduce child poverty and ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • A booster for RNA research and development
    More support for RNA research through to pilot manufacturing RNA technology platform to be created to facilitate engagement between research and industry partners Researchers and businesses working in the rapidly developing field of RNA technology will benefit from a new research and development platform, funded in Budget 2022. “RNA ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Unleashing business potential across NZ
    A new Business Growth Fund to support small and medium sized enterprises (SMEs) to grow Fully funding the Regional Strategic Partnership Fund to unleash regional economic development opportunities Tourism Innovation Programme to promote sustainable recovery Eight Industry Transformation Plans progressed to work with industries, workers and iwi to transition ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Securing the wellbeing of Pacific communities
    Budget 2022 further strengthens the economic foundations and wellbeing outcomes for Pacific peoples in Aotearoa, as the recovery from COVID-19 continues. “The priorities we set for Budget 2022 will support the continued delivery of our commitments for Pacific peoples through the Pacific Wellbeing Strategy, a 2020 manifesto commitment for Pacific ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government delivers timely support for whānau
    Boost for Māori economic and employment initiatives. More funding for Māori health and wellbeing initiatives Further support towards growing language, culture and identity initiatives to deliver on our commitment to Te Reo Māori in Education  Funding for natural environment and climate change initiatives to help farmers, growers and whenua ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government delivers critical infrastructure
    New hospital funding for Whangārei, Nelson and Hillmorton 280 more classrooms over 40 schools, and money for new kura $349 million for more rolling stock and rail network investment The completion of feasibility studies for a Northland dry dock and a new port in the Manukau Harbour Increased infrastructure ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • A health system that takes care of Māori
    $168 million to the Māori Health Authority for direct commissioning of services $20.1 million to support Iwi-Māori Partnership Boards $30 million to support Māori primary and community care providers $39 million for Māori health workforce development Budget 2022 invests in resetting our health system and gives economic security in ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Investing in better health services
    Biggest-ever increase to Pharmac’s medicines budget Provision for 61 new emergency vehicles including 48 ambulances, along with 248 more paramedics and other frontline staff New emergency helicopter and crew, and replacement of some older choppers $100 million investment in specialist mental health and addiction services 195,000 primary and intermediate aged ...
    BeehiveBy beehive.govt.nz
    5 days ago