A member of a wealthy New Zealand family convicted of possessing and importing graphic child sexual abuse material is seeking to retain permanent name suppression, while Customs is urging the High Court to overturn the order in the interests of open justice.
The man was sentenced in August last year to two years and five months in prison after admitting charges of knowingly importing and possessing objectionable publications. He was also placed on the Child Sex Offender Register.
According to a report by Stuff, at the High Court in Auckland on Tuesday, lawyers acting for Customs argued that permanent name suppression following conviction should remain rare. Crown Law lawyer Matthew Davie told Justice Michael Arthur that the original decision was a “significant inroad on open justice and freedom of expression and one not justified”.
Parts of the arguments relating to the man’s mental illness remain suppressed and cannot be reported.
Davie argued that the defendant’s wealth and family support would provide him with advantages unavailable to many other offenders.
“In the real world, when facing difficulty, money does make a real difference,” as quoted by Stuff.
The Crown also argued that public disclosure was important given the seriousness of the offence and the possibility that the man could enter future relationships after his release from prison.
“She [any future romantic partner] has a right to know the character of the person she is going to be with,” Davie said, Stuff has quoted.
The Crown further noted that the suppression order had led to innocent individuals being wrongly identified online, including businessman Wayne Wright Jr and entrepreneur Mat Mowbray.
The defendant’s lawyer, Emma Priest, defended the District Court’s decision, saying the judge had properly considered all relevant factors.
“Unfortunately, with his privilege comes a greater degree of public awareness of his family and also media interest,” as quoted by Stuff.
Priest argued that her client had made significant rehabilitative progress and that publication of his identity would create a “complete barrier” to continued rehabilitation. She also said there was no evidence he posed a risk to any future partner or their children, as reported by Stuff.
Representing the family business, Julie-Anne Kincade KC said the company was entirely unconnected to the offending and should not suffer consequences if the suppression order was lifted.
“To suggest otherwise is wrong.”
Kincade described the case as having a “unique factual matrix” and argued the business would face undue hardship if identified publicly.
According to Stuff, the case stems from a joint Police and Customs investigation that uncovered a New Zealand-based individual who shared objectionable material via peer-to-peer file-sharing software in September 2023. Following the man's arrest in June 2024, authorities found 11,775 objectionable files on his devices, including extreme child sexual abuse material. One device contained more than 240 hours of video.
“Some of what was captured can be described as involving sadistic sexual activity on children,” Judge Maria Pecotic said in sentencing notes, Stuff has quoted.
The court was told the offender came from a supportive family and had shown remorse for his actions.
“You expressed disgust, shame and self-hatred towards yourself in relation to your offending. Your risk of re-offending is assessed as moderate,” Stuff has quoted.
During sentencing, the defence highlighted substantial charitable donations made by the man before his sentencing hearing. While Judge Pecotic acknowledged concerns about the timing of the donations, she ultimately accepted they reflected remorse and granted a small sentencing discount, Stuff has reported.
The judge reduced the sentence from a starting point of five-and-a-half years to two years and five months after considering factors including the guilty plea, rehabilitation efforts, remorse, donations, previous good character and mental health.
Justice Arthur has reserved his decision on whether the permanent suppression orders should remain in place, as reported by Stuff.