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David Garrett (born 1957) is a lawyer and former member of the
New Zealand House of Representatives The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes Law of New Zealand, laws, provides Ministers of the New Zealand Government, ministers to form Cabinet of New Zealand, Cabinet, and supervises the ...
. He entered parliament at the 2008 general election as a list MP for
ACT New Zealand ACT New Zealand, known simply as ACT (), is a right-wing, classical-liberal political party in New Zealand. According to former party leader Rodney Hide, ACT's values are "individual freedom, personal responsibility, doing the best for our natur ...
, having been ranked fifth on that party's list. He was ACT's spokesman on law and order until he resigned from the party on 17 September 2010. On 23 September 2010, he resigned from Parliament, following revelations that he had fraudulently obtained a passport in the name of a deceased infant in 1984.


Early years

David Garrett was born in 1957 in Gisborne, where he grew up as one of six children. He went to school at
Campion College, Gisborne Campion College, Gisborne is a Catholic, State-integrated, co-educational college located in Gisborne, New Zealand including students from Year 7 to Year 13. The college received its name from its patron saint, St Edmund Campion whose feast da ...
, before working on
oil rigs {{about, , the mnemonic OIL RIG, Redox An oil rig is any kind of apparatus constructed for oil drilling. Kinds of oil rig include: * Drilling rig, an apparatus for on-land oil drilling * Drillship, a floating apparatus for offshore oil drilling * ...
, initially in the
North Sea The North Sea lies between Great Britain, Norway, Denmark, Germany, the Netherlands and Belgium. An epeiric sea on the European continental shelf, it connects to the Atlantic Ocean through the English Channel in the south and the Norwegian S ...
but later elsewhere around the world for almost a decade. He attended Canterbury University between 1986 and 1992, where he completed a Bachelor of Arts and a law degree. In New Zealand Garrett became a member of the Socialist Unity Party and was a Labour Party activist. He also worked as a lawyer and a pro-bono legal adviser to the
Sensible Sentencing Trust The Sensible Sentencing Trust is a political advocacy group based in Napier, New Zealand. The Trust's stated goal is "to educate both the public and victims of serious violent and/or sexual crime and homicide" It focuses on advocating for the ri ...
.


Member of Parliament

He joined the ACT party three months before the 2008 election, when he was approached to stand for ACT in an arrangement made between
Rodney Hide Rodney Philip Hide (born 16 December 1956) is a former New Zealand politician of the ACT New Zealand party. Hide was a Member of Parliament for ACT from 1996 until 2011, was ACT's leader between 2004 and 2011, and represented the constituency f ...
, ACT leader, and
Garth McVicar Garth Neil McVicar (born ) is a New Zealand political lobbyist who founded the Sensible Sentencing Trust (SST) law-and-order advocacy group in 2001. In August 2014, he stood down from SST to focus on a campaign for election to Parliament. McVica ...
, chairman of the
Sensible Sentencing Trust The Sensible Sentencing Trust is a political advocacy group based in Napier, New Zealand. The Trust's stated goal is "to educate both the public and victims of serious violent and/or sexual crime and homicide" It focuses on advocating for the ri ...
. He was elected as a list MP, having been ranked fifth on the ACT party list. He resigned from the ACT party on September 18, 2010 after the passport fraud incident came to light. He was formally confirmed as an
independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...
MP at the beginning of the following week but then resigned from Parliament on September 23.


Legislation

Garrett is the author of the "three strikes" legislation which was supported by the National Party and incorporated into the ''Sentencing and Parole Reform Bill'' which became law in May 2010. Under this law, certain crimes involving violence or sexual offending are deemed "strike" offences. An offender receives a normal sentence and a warning for a first strike offence, a sentence without parole for a second, and the maximum sentence for the offence without parole for a third.


Criminal offences

Garrett was convicted of assault in a Tongan Magistrates court in 2002. Notwithstanding that conviction, Garrett was made a Senior Counsel by the then Chief Justice of Tonga four years later, in 2006Ex-MP David Garrett pleads not guilty
, NZ Herald 8 November 2011
In 2010, Garrett admitted in Parliament that he had used the identity of a deceased child to obtain a passport in 1984. He said he used a method shown in the novel ''
The Day of the Jackal ''The Day of the Jackal'' (1971) is a political thriller novel by English author Frederick Forsyth about a professional assassin who is contracted by the OAS, a French dissident paramilitary organisation, to kill Charles de Gaulle, the Presid ...
,'' and obtained the birth certificate of a child who died in infancy around the same time Garrett was born. The incident led to a court case being brought against Garrett in 2005; he was discharged without conviction, and the judge in the case ordered his name be suppressed from public record. During the case, Garrett swore a false affidavit to the court. He later pleaded guilty to doing so in front of the
New Zealand Law Society The New Zealand Law Society ( mi, Te Kāhui Ture o Aotearoa) is the parent body for barristers and solicitors in New Zealand. It was established in 1869, and regulates all lawyers practising in New Zealand. Membership of the society is voluntary, ...
's Lawyers and Conveyancer's Committee. This led to the committee formally censuring him, prohibiting him from practicing law for a period of one year, and ordering him to pay $8430 costs. In 2011, Garrett pleaded guilty to one charge of
drunk driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is invo ...
. He was fined $550 plus costs, and disqualified from driving for six months.


After parliament

Garrett returned to Auckland and continues to practice law, in Tonga.


Further reading


(2011) NZLCDT 29 LCDT 009/11


Notes


References

{{DEFAULTSORT:Garrett, David ACT New Zealand MPs Living people Place of birth missing (living people) 1958 births New Zealand list MPs Independent MPs of New Zealand Members of the New Zealand House of Representatives People educated at Campion College, Gisborne 21st-century New Zealand politicians