A new protocol aimed at making the existence of dependent children of defendants more visible in court proceedings came into effect on 3 March 2025 and is a significant step towards ensuring that the interests of children are considered in bail and sentencing decisions.

The protocol was developed following the tragic case of Malachi Subecz, a five-year-old boy who was murdered by his caregiver while his mother was in custody. This case and Dame Karen Poutasi’s Independent Review of the Children’s Sector’s Response to Abuse(external link) highlighted the urgent need for the court system to be aware of defendants' caregiving responsibilities to prevent such tragedies in the future.

A working group led by Judge John Walker and Justice Susan Thomas, with representatives from the Ministry of Justice, Corrections, Police, Oranga Tamariki, Public Defence Service, Crown Law, and The New Zealand Law Society, has been instrumental in developing this protocol. Over the past three years, the group has worked diligently to identify and implement changes that will ensure the visibility of dependent children in court.

Key changes include modifications to forms used by Defence Counsel and Corrections to capture information about dependent children and bring it to the court's attention. Additionally, targeted communications have been circulated to remind the legal profession and Police about existing channels for bringing this information to the court, such as written or oral submissions. Court forms have also been updated to enable Judges to record this information.

Read the media release from the Minister for Courts(external link)