In the
New Zealand judicial system a cultural report is a document supplied to the court in order to establish a cultural context for a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
's actions and to aide in their rehabilitation. In
New Zealand law, they are allowed under section 27 of the
Sentencing Act 2002
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...
, and so are also called S27 reports. Although cultural reports are not required, they have become increasingly common since 2019, and are frequently submitted by defendants in order to receive lighter
sentencing
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...
.
History
The cost of cultural reports has been the subject of criticism, as the amount billed to
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
or the
Public Defence Service for cultural reports increased from $639,311 in 2019 to $3.3 million in 2020, and reached $5.91 million for the period between July 2021 and June 2022.
The additional value of the reports has also been called into question, as critics like independent justice advocate Ruth Money suggest that pre-sentence reports provided by the probation services of Department of Corrections already provide background on defendants.
Harry Tam, a
Mongrel Mob member and consultant who provides cultural reports says that distinct from the pre-sentencing reports, S27 reports are "predominantly focused on looking at the disadvantages that may have contributed to the person’s offending behaviour and options to address it".
In 2018 the
Ministry of Justice ceased funding for cultural reports, shifting that responsibility to legal aid.
2024 Reform
On 7 February 2024, Justice Minister
Paul Goldsmith announced that government funding for cultural reports would be stopped under the new
National-led government. The Government's decision was criticised by People Against Prisons Aotearoa spokesperson Emmy Rākete,
Green Party Tamatha Paul, Defence Lawyer Association founder Elizabeth Hall and
Labour Party Member of Parliament
Ginny Andersen, who claimed it was punitive, would disadvantage
Māori and the working class, and impede the rehabilitation and treatment of prisoners with health and behavioural issues.
By contrast, Goldsmith and
ACT party
ACT New Zealand, known simply as ACT (), is a Right-wing politics, right-wing, Classical liberalism, classical-liberal List of political parties in New Zealand, political party in New Zealand. According to former party leader Rodney Hide, ACT's ...
justice spokesperson
Todd Stephenson defended the scrapping of cultural reports on the grounds of their rising costs and prioritising victims' rights over their offenders.
ACT party wanted to go much further by removing cultural reports from the Sentencing Act outright.
On 6 March 2024, the Government passed urgent legislation ending taxpayer funding for cultural reports.
References
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Law of New Zealand