David Garrett (politician)
Encyclopedia
David Garrett is a former member of the New Zealand House of Representatives
. He entered parliament at the 2008 general election
as a list MP for ACT New Zealand, 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 been convicted of assault in Tonga
and had fraudulently obtained a passport in the name of a dead infant. The passport falsification offence occurred over twenty five years previously, in 1984.
and a Labour Party
activist. Garrett worked as a lawyer and a pro-bono legal adviser to the Sensible Sentencing Trust
.
, ACT leader, and Garth McVicar, chairman of the Sensible Sentencing Trust
. He was elected as a list MP, having been ranked fifth on the ACT party list. He resigned from the ACT party on 17 September 2010 and was formally confirmed as an independent
MP at the beginning of the following week. He resigned from Parliament on 23 September 2010.
, Green
and Māori
parties. ACT leader Rodney Hide, when referring to Garrett's achievement of the drafting and passage of the '3 strikes' policy into law, said that "he achieved more in Parliament than most MPs".
told Garrett he understood Garrett had been discharged without conviction on a charge of creating a false identity. Garrett declined to comment at the time saying he believed a suppression order was in place. Later in the day Garrett revealed the conviction in Parliament. He resigned his ACT Party membership over this controversy on 17 September 2010.
There is current controversy over whether or not Mr Garrett disclosed information about his earlier assault conviction in the Kingdom of Tonga in 2002 to avoid imprisonment for his earlier falsification of a dead infant's biographical details in the context of the passport incident.
, Garrett proposed a "3 strikes and you're out" bill largely based on the Californian model. However, Attorney-General
Chris Finlayson
released a report stating that the policy "may raise an inconsistency with the right against disproportionately severe treatment". Garrett reacted by saying:
Garrett's comments were strongly criticised by the Corrections Association of New Zealand.
A complaint to the Privileges Committee by Labour MP Carmel Sepuloni was rejected by Speaker Lockwood Smith, who found there was no breach of privilege.
. Cosgrove's breach of privilege complaint against Garrett was rejected at the same time as Sepuloni's complaint by Speaker Lockwood Smith.
made it clear it was not ACT policy.
source:
http://www.3news.co.nz/Ex-ACT-MP-appears-on-drink-driving-charge/tabid/419/articleID/232049/Default.aspx
http://www.stuff.co.nz/national/crime/5925242/Ex-MP-David-Garretts-court-appearance
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
. He entered parliament at the 2008 general election
New Zealand general election, 2008
The 2008 New Zealand general election was held on 8 November 2008 to determine the composition of the 49th New Zealand parliament. The conservative National Party, headed by its Parliamentary leader John Key, won a plurality of votes and seats, ending 9 years of government dominated by the social...
as a list MP for ACT New Zealand, 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 been convicted of assault in Tonga
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
and had fraudulently obtained a passport in the name of a dead infant. The passport falsification offence occurred over twenty five years previously, in 1984.
Early years
He was educated at Edmund Campion College, Gisborne. In his early years Garrett was a member of the Socialist Unity PartySocialist Unity Party (New Zealand)
The Socialist Unity Party was one of the better-known communist parties in New Zealand. It had a certain amount of influence in the trade union movement, but never won seats in Parliament....
and a Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
activist. Garrett worked as a lawyer and a pro-bono legal adviser to the Sensible Sentencing Trust
Sensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
.
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 HideRodney Hide
Rodney Hide is a New Zealand politician who was leader of the political party ACT New Zealand from 2004 to 2011. From 2005 to 2011 he represented the electorate of Epsom as its Member of Parliament. Rodney Hide was Minister of Local Government, Associate Minister of Commerce and Minister of...
, ACT leader, and Garth McVicar, chairman of the Sensible Sentencing Trust
Sensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
. He was elected as a list MP, having been ranked fifth on the ACT party list. He resigned from the ACT party on 17 September 2010 and was formally confirmed as an independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
MP at the beginning of the following week. He resigned from Parliament on 23 September 2010.
Achievements
Garrett is the author of the '3 strikes' legislation. It has been incorporated into the Sentencing and Parole Reform Bill and was passed into law in May 2010. The legislation was opposed by the LabourNew Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
, Green
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
and Māori
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
parties. ACT leader Rodney Hide, when referring to Garrett's achievement of the drafting and passage of the '3 strikes' policy into law, said that "he achieved more in Parliament than most MPs".
Obtaining a passport by false pretences
In 1984 when 26 years old, Garrett used the birth certificate of a dead baby to obtain a passport. Garrett claims that the passport was never used and it later expired. Garrett was charged in 2005 and admitted obtaining a passport by false pretences. After submissions by his lawyer Garrett was discharged without conviction. On 15 September 2010 (NZ time) TVNZ reporter Guyon EspinerGuyon Espiner
Guyon Espiner is a New Zealand print and television journalist.Espiner attended the University of Canterbury before joining TVNZ in 2003 as a political reporter...
told Garrett he understood Garrett had been discharged without conviction on a charge of creating a false identity. Garrett declined to comment at the time saying he believed a suppression order was in place. Later in the day Garrett revealed the conviction in Parliament. He resigned his ACT Party membership over this controversy on 17 September 2010.
There is current controversy over whether or not Mr Garrett disclosed information about his earlier assault conviction in the Kingdom of Tonga in 2002 to avoid imprisonment for his earlier falsification of a dead infant's biographical details in the context of the passport incident.
Assault conviction
In 2002, Garrett was convicted of assault in Tonga and fined. Although he informed party leader Rodney Hide, this conviction was not made public until discovered by a television programme.Alleged drunkenness and homophobia
During a debate on TV ONE's current affairs show Eye to Eye in late 2008, Garrett was accused of turning up drunk and making alleged derogatory remarks about homosexuals, when he said that in his view paedophilia was a sexual orientation which could not be altered, just like homosexuality. This show was recorded in June 2008, prior to Garrett being chosen for the ACT Party list.Attitude to human rights
As a key plank of his party's stance on law and order, and his involvement with the Sensible Sentencing TrustSensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
, Garrett proposed a "3 strikes and you're out" bill largely based on the Californian model. However, Attorney-General
Attorney-General (New Zealand)
The Attorney-General is a political office in New Zealand. It is simultaneously a ministerial position and an administrative office, and has responsibility for supervising New Zealand law and advising the government on legal matters...
Chris Finlayson
Chris Finlayson
Christopher Francis Finlayson is a New Zealand lawyer, politician and Member of Parliament, representing the National Party. He is a Cabinet minister and the Attorney-General of New Zealand...
released a report stating that the policy "may raise an inconsistency with the right against disproportionately severe treatment". Garrett reacted by saying:
Lewd conduct
He was reprimanded in June 2009 after he made sexual comments to a member of the Parliamentary office.Alleged discrimination on the basis of political opinion
When sitting on the Law and Order select committee on 29 July 2009, Garrett made the following comment to a group of prison officers making submissions to the committee about private prisons:Garrett's comments were strongly criticised by the Corrections Association of New Zealand.
A complaint to the Privileges Committee by Labour MP Carmel Sepuloni was rejected by Speaker Lockwood Smith, who found there was no breach of privilege.
Alleged threat against another MP
David Garrett is reported to have made threats against Labour MP Clayton Cosgrove after a heated select committee debate. This was categorically denied by Garrett and party leader Rodney Hide, who stated that Garrett had said to Cosgrove "let's just leave that outside", the implication being Cosgrove would not say what he had said without the protection of Parliamentary privilegeParliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
. Cosgrove's breach of privilege complaint against Garrett was rejected at the same time as Sepuloni's complaint by Speaker Lockwood Smith.
Eugenics
In early 2010 Garrett called for "abusive parents" to be offered a $5,000 "incentive" to be voluntarily sterilised, arguing that this was cheaper than the cost of welfare. The call was widely condemned and ACT leader Rodney HideRodney Hide
Rodney Hide is a New Zealand politician who was leader of the political party ACT New Zealand from 2004 to 2011. From 2005 to 2011 he represented the electorate of Epsom as its Member of Parliament. Rodney Hide was Minister of Local Government, Associate Minister of Commerce and Minister of...
made it clear it was not ACT policy.
Drink Driving
On the night of July 29 2011 Garrett was arrested by police and found to have a blood alcohol level of 132mg alcohol per 100ml of blood. On November 8 2011 He pleaded not guilty to the drink-driving charge when he appeared before a registrar at Waitakere District Court and will reappear in February 2012,source:
http://www.3news.co.nz/Ex-ACT-MP-appears-on-drink-driving-charge/tabid/419/articleID/232049/Default.aspx
http://www.stuff.co.nz/national/crime/5925242/Ex-MP-David-Garretts-court-appearance