Smith Nick: General Debates 
Smith Nick: General Debates 
[Volume:616;Page:11925] 
Hon Dr NICK SMITH (National—Nelson) 
: 
 We know how successful Don Brash has been when we get a nasty speech like that from Dr Michael Cullen. This afternoon I want to comment on the judgment made by the High Court in respect of the contempt of court issue that was delivered in respect of myself this afternoon. I have to say I am bitterly disappointed and I believe this is a sad day for Parliament and for the role that members of this House have in advocating for their constituents. 
I also say it is a sad day for free speech. The comment was made to me that had this happened in the United States or in other countries that have a stronger value for free speech there would not have been a chance of me being convicted. I worry that this judgment will have a chilling effect on the role MPs play in their communities and also on the role the media play in that TV3 and Radio New Zealand have also been convicted. It is extraordinary in a free and democratic country that one can be convicted for saying that a boy should be with his mum and dad. It is a victory for political correctness and it is a defeat for common sense. 
I have no regrets about the actions I took last year in support of the family in my Nelson electorate. This conviction that I bear pales into insignificance compared to the loss that has been incurred by that family—the loss of their son. The headlines in the newspaper will grow old the conviction will fade away but every day those parents will wake up without their son. 
I find it ironic that when I raised this case three particular issues were of concern to me. The first of those was the way in which ex parte orders are given in the Family Court—unnecessarily on occasion and without any time limit on them. I raised the issue of delays which are causing so much pain for families out there in New Zealand and I also raised concerns about the level of secrecy in the Family Court. I find it extraordinary that 14 months later on all those three issues there is a growing consensus about the need for reform and I find it particularly ironic that the Principal Family Court Judge who laid the original complaint with the Solicitor-General has conceded at a hearing before the Justice and Electoral Committee that change is needed on all those issues. I feel like I have been shot as the messenger but I take some comfort from the fact that the message has taken some effect. 
There are some very special people whom I wish to thank over the very trying last 9 months. I particularly want to thank my wife Cyndy; I want to thank my caucus colleagues who have been undying in their support of me through this period; and I particularly want to thank the people of Nelson who have also been extremely supportive through these trials and tribulations. I also want to acknowledge the 450 people all over New Zealand who have contributed to my defence costs and I want to give to them my heartfelt thanks. 
I want Parliament to know and I want the Government to know that this issue will not go away. The need for reform in the Family Court is absolutely critical in getting families better supported in this country. It is wrong that competent parents should have to fight for custody of their own children. There is an overwhelming need for an opening up of the Family Court. Secret justice in my view is dangerous justice. 
The last point I want to make is that justice delayed is justice denied. In a commercial law matter if things are delayed one can compensate with interest. In the criminal court if matters are not heard within 18 months they are thrown out. But how can we compensate for delays in the Family Court—delays of years and years? In this particular case it was a delay of 3½ years. I will be carefully considering the judgment that the High Court has set down today. I will consider whether I should appeal and I will consider my future as a member of this House. But I say one thing: I will not stop talking about the need for this country to respect and to value families.