National proposes scrapping right to silence in child murder cases

What happened

National is promising to remove the right to silence in child murder cases if re-elected. Justice spokesperson Paul Goldsmith said the party would amend the Crimes Act to make it an offence for a person to withhold information from police when they have been present at a location where a child aged 12 and under has been killed. The offence would carry a maximum sentence of 10 years in prison. The proposal exempts such adults from protections under the Bill of Rights Act 1990, which currently allows people to refuse to answer police questions. Goldsmith cited cases including the unsolved 2006 deaths of twin brothers Chris and Cru Kahui and the case of Baby Ru as examples where police investigations were hindered by witness silence. National acknowledged the policy may breach the Bill of Rights Act but said public sentiment on accountability and justice outweighs potential harms. Victims' rights group Sensible Sentencing Trust welcomed the proposal, though criminal defence lawyer Anoushka Bloem described it as a vague "quick fix" and "knee-jerk reaction", warning it could have unintended consequences including false confessions.

Key facts

• Maximum 10-year prison sentence for withholding information
• Applies when a child aged 12 or under dies
• Chris and Cru Kahui died in 2006 after violent assault in Māngere
• Bill of Rights Act 1990 currently protects right to silence

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Coverage across the news outlets we track, as at publication.

Where the outlets differ

Newstalk ZB provides the most comprehensive coverage, including National's acknowledgement that the policy may breach the Bill of Rights Act, detailed criticism from criminal defence lawyer Anoushka Bloem including reference to Terri Friesen's wrongful conviction, and police concerns raised in the Baby Ru case. Other outlets focus primarily on the announcement itself with less engagement with legal and practical concerns.

What outlets are saying