Allan told Hosking she thought the Government could also have a broader look at whether or not the rules were fit for purpose in general.
“I don’t think New Zealanders think it’s fit for purpose when for example a famous sportsperson or actress, just because of their role get name suppression, there needs to be something else that adds to these type of things.”
Yesterday Allan told TVNZ’s Q+A that she was taking a “hard look” at New Zealand’s often criticised name suppression laws and that she had lost faith in these rules.
“I’ve sought urgent advice on this particular area,” she said. “I don’t think it’s just, I don’t think it’s fair, and I don’t think New Zealanders looking in on the system think the system is working adequately either. "
When asked if the current system appears to favour the famous and powerful, Allan agreed.
“If you’re well funded, well-resourced, then you can seek to have your name suppressed for a range of different reasons,” she said. “I don’t think that leads to just outcomes.”
Allan also took issue with sexual violence cases in which victims who want to speak out must make an application at their own cost to have automatic suppression lifted.
“I don’t think that that’s fair,” she said. “I don’t think that that’s a victim-centric way at looking at the way these rules apply, and it’s certainly something I’ve sought fast-track advice on because I want to be able to make reforms in this area.”
In addition, she noted the Grace Millane case as an example of the system being out of date and not equipped to address social media. From the time of his arrest in December 2019 until long after he had been convicted of killing the British backpacker, it was unlawful to name Jesse Kempson even though his name was commonly enough known that it was searched tens of thousands of times on Google in the immediate wake of his arrest.
Kempson’s name was printed repeatedly in overseas media and appeared in social media feeds outside New Zealand and within. The Herald previously found that Twitter’s search function was automatically completing his name when typing the first letter of his name.
The issues led then-National MP Nick Smith to label the suppression system as “nonsense” as he addressed Parliament’s justice select committee in 2018, but PM Jacinda Ardern said at the time there was no immediate intention to change the law.
The latest justice minister, however, said she sees the merit in considering changes.
“You’re operating with laws that were designed in a different time.”
