New offence for withholding information from police when a child is killed
Pitched as stopping people who know what happened from shielding those responsible when a child is killed.
π National: Remove right to silence when a child is murdered, October 2026 β
What it does
- Creates an offence under the Crimes Act of not disclosing information to police by a person who was present at a location where a child was killed.
- Applies when a child under 12 dies and it is clear one or more adults were present at the time of the death or leading up to it.
- Carries a maximum penalty of 10 years in prison.
- National says it would work with legal experts so the exception to the general right to silence applies only in these exceptional cases. Its 100-day plan commits to beginning work on the offence.
The debate
Justice spokesperson Paul Goldsmith said the right to silence should not be abused so that these crimes go unpunished, saying too many children die at the hands of, or with the knowledge of, people who should protect them. Child Matters chief executive Megan West said any law change holding people to account for harming children was worth considering but needed careful scrutiny and testing for real-world application. Defence lawyer Marie Dyhrberg KC called it "a reverse onus" and "a presumption of guilt" for someone who simply happened to be present, and retired law professor Bill Hodge said it would change the dynamic of investigations in a way he considered dangerous (RNZ).
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Key milestones
National proposes an exception to the right to silence
Paul Goldsmith said a re-elected National Government would make it a Crimes Act offence, with up to 10 years in prison, for a person present where a child has been killed not to disclose information to police.
Child Matters calls for careful scrutiny
Child abuse prevention organisation Child Matters said the proposal needed careful scrutiny to make sure it would benefit children, while chief executive Megan West said any change holding people to account for harming children was worth considering.
Lawyers raise concerns
Defence lawyer Marie Dyhrberg KC said the policy flipped the burden of proof, and retired law professor Bill Hodge said it would change investigations in a way he considered dangerous.
Sources
- National: Remove right to silence when a child is murdered (policy page) β
- National to remove right to silence when a child is murdered (National Party, 18 Oct 2026) β
- National pledges to take away right to silence when a child is murdered (RNZ, 18 Oct 2026) β
- National's pledge to remove right to silence when a child is murdered 'flies in face of justice', lawyers say (RNZ, 19 Oct 2026) β
- National's 100 Day Plan to secure our future (National Party, 25 Oct 2026) β