RIGHTS THAT ARE CONDITIONAL ARE NOT RIGHTS AT ALL.

MEDIA RELEASE | 19 OCTOBER 2026 | FOR IMMEDIATE RELEASE

Civil liberties organisation PILLAR is warning that National's proposal to criminalise silence in child murder investigations sets a dangerous precedent for fundamental rights in New Zealand.

National has announced plans to amend the Crimes Act, introducing penalties of up to 10 years' imprisonment for adults who fail to disclose information to Police in specified circumstances involving the death of a child aged 12 or under.

PILLAR Executive Director Nathan Seiuli says the proposal raises serious questions about the presumption of innocence, the right to silence and the expanding power of the state.

"I know this might be controversial, but a government prepared to make our fundamental rights conditional in one circumstance cannot be trusted to protect them in every other.

"Rights that exist only when the government decides they should, aren't rights at all. They're permissions."

Seiuli says the horrific nature of child murder should not distract from the wider implications of the proposal.

"By making child murder the face of this proposal, National is asking New Zealanders to accept an exception in the most horrific circumstances imaginable.

"But who decides where that exception ends?

"Today it's child murder. Tomorrow, what stops another government from extending that justification to anything it considers harmful to a child? And when harm becomes the justification, who gets to define it?"

PILLAR maintains that a fundamental distinction must exist between deliberately obstructing justice and exercising the right to silence.

"Destroying evidence, intimidating witnesses or interfering with an investigation is one thing. Refusing to speak is another.

"We should absolutely prosecute those who obstruct justice. But the government must demonstrate why existing laws are inadequate before threatening people with imprisonment for remaining silent."

Seiuli says New Zealand must do far more to protect vulnerable children and secure justice for victims, but argues that removing fundamental safeguards is the wrong approach.

"There are far more levers we can pull to address child and infant murder than stripping New Zealanders of their fundamental rights.

"We need stronger investigations, better resources, greater accountability and genuine action to protect vulnerable children.

"But threatening people with prison doesn't guarantee truthful evidence, and it certainly doesn't guarantee justice."

PILLAR is calling on National to reconsider the proposal and publicly demonstrate why such restrictions are necessary, proportionate and consistent with the New Zealand Bill of Rights Act.

"We absolutely need to do more to protect children. But we won't achieve that by removing others' rights.

"We cannot protect the innocent by weakening the very rights designed to protect them."

ENDS