David Garrett (politician)

David Garrett (politician)
David Garrett MP
Member of the New Zealand Parliament
for ACT party list
In office
2008 – 2010
Personal details
Born 1958[citation needed]
Political party ACT (until September 2010)
Residence Kaukapakapa
Profession Lawyer
Website davidgarrett.org.nz(defunct, as of 22 June 2011)

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.[1] 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.[2]

Contents

Early years

He was educated at Edmund Campion College, Gisborne. In his early years Garrett was a member of the Socialist Unity Party and a Labour Party activist.[3] Garrett worked as a lawyer and a pro-bono legal adviser to the Sensible Sentencing Trust.

Member of Parliament

Parliament of New Zealand
Years Term Electorate List Party
2008–10 49th List 5 ACT
2010 49th List Independent

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, 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[1] and was formally confirmed as an independent MP at the beginning of the following week.[4] He resigned from Parliament on 23 September 2010.[2][4]

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.[5] The legislation was opposed by the Labour, Green and Māori parties.[6] 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".[7]

Controversies

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.[8] 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 Espiner 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.[9] He resigned his ACT Party membership over this controversy on 17 September 2010.[10]

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.[11]

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.[12]

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.[13]

Attitude to human rights

As a key plank of his party's stance on law and order, and his involvement with the Sensible Sentencing Trust, 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".[14] Garrett reacted by saying:[15]

We've got too hung up on people's rights... I'm actually more interested in a victim's rights than a criminal's rights. We are talking about the "rights" of someone who has served at least two sentences for violent offending and just been sentenced to a third lot.
I'm not interested in that person's rights quite frankly. He should have the rights to be fed adequately, to get medical care and not to get tortured - and that's it.

Lewd conduct

He was reprimanded in June 2009 after he made sexual comments to a member of the Parliamentary office.[16]

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:[17][18]

You say that you don't want to go back to working in this environment — to the private. You'd be aware that given your submission here, you wouldn't get offered a job anyway, would you?

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.[19]

Alleged threat against another MP

David Garrett is reported to have made threats against Labour MP Clayton Cosgrove after a heated select committee debate.[20] 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 privilege.[21] Cosgrove's breach of privilege complaint against Garrett was rejected at the same time as Sepuloni's complaint by Speaker Lockwood Smith.[19]

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.[22] The call was widely condemned and ACT leader Rodney Hide made it clear it was not ACT policy.[23]

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


References

  1. ^ a b "Embattled ACT MP David Garrett quits party". Radio New Zealand. 17 September 2010. http://www.radionz.co.nz/news/political/57087/embattled-act-mp-david-garrett-quits-party. Retrieved 17 September 2010. 
  2. ^ a b Nicky Park (23 September 2010). "Disgraced NZ MP quits politics". The Sydney Morning Herald. http://news.smh.com.au/breaking-news-world/disgraced-nz-mp-quits-politics-20100923-15o20.html. Retrieved 23 September 2010. 
  3. ^ Gower, Patrick (11 November 2008). "New MP looking for action on tougher sentencing". The New Zealand Herald. http://www.nzherald.co.nz/nz-election-2008/news/article.cfm?c_id=1501799&objectid=10542317. Retrieved 4 April 2009. 
  4. ^ a b "Garrett resigns from Parliament". Radio New Zealand. 23 September 2010. http://www.radionz.co.nz/news/political/57627/garrett-resigns-from-parliament. Retrieved 23 September 2010. 
  5. ^ ""Three Strikes" Legislation—Reasons for Government Support". House of Representatives. 4 May 2010. http://www.parliament.nz/en-NZ/PB/Business/QOA/9/1/2/49HansQ_20100504_00000003-3-Three-Strikes-Legislation-Reasons-for.htm. Retrieved 25 September 2010. 
  6. ^ "NZ safer place under three-str ikes legislation - MP". Radio NZ. 26 May 2010. http://www.radionz.co.nz/news/political/36355/nz-safer-place-under-three-strikes-legislation-mp. Retrieved 25 September 2010. 
  7. ^ Fowler, Nina (17 September 2010). "Hide withdraws support for former ACT MP". National Business Review. http://www.nbr.co.nz/article/hide-withdraws-support-former-act-mp-130204. Retrieved 25 September 2010. 
  8. ^ "National to give Garrett the cold shoulder". The Press. 17 September 2010. http://www.stuff.co.nz/the-press/national/4137419/David-Garrett-quits. Retrieved 19 September 2010. 
  9. ^ "MP used dead child's birth certificate". Stuff.co.nz. 13 September 2010. http://www.stuff.co.nz/national/politics/4130949/MP-used-dead-childs-birth-certificate. Retrieved 14 September 2010. 
  10. ^ "David Garrett resigns after passport revelations". ONE News. Television New Zealand. 17 September 2010. http://tvnz.co.nz//politics-news/david-garrett-resigns-after-passport-revelations-3783753. Retrieved 17 September 2010. 
  11. ^ Edward Gay: "Garrett lied to court, papers reveal: New Zealand Herald: 04 November 2010
  12. ^ "ACT MP David Garrett has assault conviction". Stuff.co.nz. 13 September 2010. http://www.stuff.co.nz/national/politics/4124683/ACT-MP-David-Garrett-has-assault-conviction. Retrieved 14 September 2010. 
  13. ^ Taylor, Cliff (16 November 2008). "New MPs under fire for gay remarks". The New Zealand Herald. http://www.nzherald.co.nz/nz-election-2008/news/article.cfm?c_id=1501799&objectid=10543271. Retrieved 5 August 2009. 
  14. ^ "ACT MP says human rights criticism laughable". Stuff. 20 March 2009. http://www.stuff.co.nz/national/politics/2280593/ACT-MP-says-human-rights-criticism-laughable. Retrieved 6 October 2009. 
  15. ^ Gower, Patrick (3 March 2009). "Change Bill of Rights, says 3-strikes MP". The New Zealand Herald. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10559642. Retrieved 5 August 2009. 
  16. ^ Fisher, David (21 June 2009). "MP gets reprimand for sexual comment". http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10579740. Retrieved 5 August 2009. 
  17. ^ "Garrett Tells Officers They Won't Get Work In Private Prisons". http://www.guide2.co.nz/politics/news/garrett-tells-officers-they-won039t-get-work-in-private-prisons/11/9775. Retrieved 5 August 2009. 
  18. ^ "MP accused of bullying jail officers". The New Zealand Herald. 30 July 2009. http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10587503. Retrieved 5 August 2009. 
  19. ^ a b "Speaker turns down complaint against ACT MP". 4 September 2009. http://www.guide2.co.nz/politics/news/speaker-turns-down-complaint-against-act-mp/11/10775. Retrieved 6 October 2009. 
  20. ^ Kay, Martin (7 August 2009). "MP David Garrett accused of threat". The Dominion Post. http://www.stuff.co.nz/national/politics/2728548/MP-accused-of-threat. Retrieved 15 September 2010. 
  21. ^ "ACT MP David Garrett denies making threat". The Dominion Post. 7 August 2009. http://www.stuff.co.nz/dominion-post/news/politics/2728529/ACT-MP-David-Garrett-denies-making-threat. Retrieved 6 October 2009. 
  22. ^ "Pay abusive parents to be sterilised - Act MP". New Zealand Herald. 4 March 2010. http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10629818&pnum=0. Retrieved 6 March 2010. 
  23. ^ Colin Espiner (5 March 2010). "Outrage at MP's call to sterilise bad parents". Stuff.co.nz. http://www.stuff.co.nz/national/politics/3406660/Outrage-at-MPs-call-to-sterilise-bad-parents. Retrieved 6 March 2010. 

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