THIS WEEK’S ARTICLES
Issue 10 16 Apr 2021
Costs balloon in criminal cultural reports p1
Key definitions missing from the govt’s housing package p3
How output restriction can be criminal cartel behaviour p5
LawNews adls.org.nz
CRIMINAL LAW
Costs balloon for offenders’ cultural reports By Rod Vaughan
A $3 million blowout in the cost of ‘cultural reports’ that judges consult before sentencing criminal offenders has reignited the debate about the value of these reports and whether they are being used simply to obtain sentencing discounts.
Cultural reports are intended to give the court the background and context to the offending. But there is a perception in some quarters that they have spawned a highly lucrative industry of report writers, some of whom are not qualified for the job. An online search reveals their charges can range from $700 to $6,600 for each report. Independent justice advocate Ruth Money believes the $3m would be better spent on rehabilitation. Seeking a report has become almost automatic, she says, “and as long as you can show some nexus between the offending and the background, then judges are routinely giving a 10% to 15% discount from the starting point”. There are also claims that the reports, which can result in offenders getting significant discounts in their sentences, may be little more than cut-andpaste excuses drawn from a handful of templates. But those in favour of cultural reports say they offer valuable insights on an offender that must be considered by the court. In that camp is long-time Mongrel Mob member Harry Tam of H2R Research & Consulting, which has completed 31 s 27 cultural reports to date. Tam
Photo by David Hallett / Staff / Getty Images
Between 2019 and 2020, the number of cultural reports jumped sharply, from 346 to 1557, with the cost rising from $639,311 to $3.3 million. Ordered under s 27 of the Sentencing Act 2002, the reports are primarily funded by taxpayers and invoiced through the Ministry of Justice. They are separate from, and additional to, the pre-sentencing reports provided by the probation service.
By focusing on the background to offending, cultural reports can result in significant discounts on prison sentences
We know whakapapa and authentic connection is a powerful means of assisting in rehabilitation, so we should fund that, not report writers who have set up a business to make money from the process
told LawNews he believes they are valuable for defendants in terms of sentencing and ongoing rehabilitation. “The reports assist the court to develop a better understanding of the defendant’s causes of their offending and the steps they have taken and the support they have to address their offending behaviour,” he says. “They provide an opportunity for the defendant to have their background and circumstances taken into account by the court at sentencing. “And if the defendant is sentenced to imprisonment, the report remains on their file and the information can be helpful for the Parole Continued on page 2