David Seymour: ACT Party leader responds to the Solicitor General's updated prosecution guidelines

ACT Party leader David Seymour has been quick to respond to the 'abhorrent' new prosecution guidelines set by the Solicitor General.

The new guidelines have told prosecutors to 'think carefully about particular decisions where a person is Māori' - prompting backlash.

Seymour has labelled these guidelines 'disgraceful'.

"If New Zealand is based on anything, it's the simple idea that no matter who you are and how you're born, you get equal rights and a fair shot at life. It is absolutely un-Kiwi."

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Episode Transcript

Speaker 1 (00:00):
Now the Prime Minister is refusing to criticize new prosecution
guidelines by the Solicitor General. The new guidelines told prosecutors
to quote think carefully about particular decisions where a person
is Mary. The Solicitor General says she wanted to address
the disproportionate impact of the criminal justice system on Mary,
who are overrepresented as both victims and defendants. Chris Luxmo

(00:21):
was cautious about criticizing it.

Speaker 2 (00:23):
Prosecution decisions should be colorblind, but also the prosecution guidelines
are independently issued by the Solicitor General. They are someone
you know and I really can't get You should ask
her about I mean, I can't really get into it
because I've got to respect the other elements of our democracy,
the judiciary.

Speaker 1 (00:39):
As part of Leader David Seymour's with me. Now, Hey David, Hey, Ever,
when you hear the prosecutors being told to think carefully
about particular decisions where a person is Mary, what do
you think that means?

Speaker 3 (00:51):
It's disgraceful. We bore racism. If New Zealand is based
on anything, it's the simple idea that no matter who
you are and how you're born, you get equal rights
and a fair shot at life. It is absolutely un
key we and there's no way that you can apply
it without applying in an individual case different treatment based

(01:16):
on race. So Chris Luxon is absolutely right the independent
and it's ultimately the Attorney General who's in charge. I've
raised this through staff with Judith's office and been told
that she's all over it. So we'll let the proper
process go through. But also let's be completely clear that

(01:38):
this is a government which has issued a circular from
Cabinet the highest edit. There really isn't a government. We
do public services based on needs not race, and we
expect everyone in the government to follow that.

Speaker 1 (01:50):
What can Judas Colins do about it?

Speaker 3 (01:55):
Well, ultimately she's responsible, along with Cabinet for the appointment
of the Solicitor General. I would think that at the
very least should be asking how has the Cabinet circular
on need not race been incorporated into this prosecutorial guideline

(02:17):
and perhaps how does it comport with a few other
important things such as the Bill of Rights which says
it can't be discriminated against. So you know, there's a
there's a few questions, and to be honest, you know,
if you know Judith Collins, it's probably not a meeting
i'd want to be.

Speaker 1 (02:34):
In as the Solicitor General's position independent in the same
way that the judiciary is independent.

Speaker 3 (02:44):
Well, I'll put it this way. If it comes down
to a particular prosecution, I would be the first to
screen blue murder about a politician trying to get involved
in whether a person should be prosecuted. However, when it
comes to underlying principles, what did the people of New
Zealand vote for? They voted for a government that would
stop the increasing embedment, embedding of a culture where racial

(03:11):
discrimination is seen as not only acceptable, but perhaps desirable.
People voted to eradicate that attitude from our government. I
think recent events have shown it's quite deeply embedded, and
we're here to unembedded.

Speaker 1 (03:26):
I'm just trying to understand just how independent this position is,
because I mean, I understand that your judiciary is independent
when they're sitting on the bench and they make their decisions.
You guys can't. You guys can't climb in on that.
But is it the same with the Solicitor general's edits
like this, Well, again, I.

Speaker 3 (03:44):
Would leave that up to Judith in the way that
she'd like to operate. Ultimately, the Solicitor generals, the head
of Crown Law, who are the government's lawyers, there to
serve the government. And I'm sure Judith.

Speaker 1 (03:58):
So not the same level of independence then, David.

Speaker 3 (04:02):
Well, I have thought that the judiciary are a branch
of government along with the legislative branch, which is the Parliament.
Crown Law is part of the executive which is us
those ministers and Cabinet, and the BHA, which is to
say there, which is to say, the Ministry of Education.

Speaker 1 (04:18):
The Prime Minister freaking out this morning and saying, oh,
I can't do anything about it. He's actually wrong because
actually the age Dudith Colins can do something about this.

Speaker 3 (04:27):
Well, I suspect it's a little bit like something that
comes up frequently around the Reserve Bank. Very important to
respect the independence of the Reserve Bank and their monetary
policy decisions. But it's also true that ultimately we appoint
the board, we ultimately appoint the governor, and we set
the rules for them, so you can respect the autonomy

(04:49):
and independence of an organization, which I suspect is what
Chris was getting asked. But also be really clear that
if people come to the belief a government doesn't actually
make any difference because there's a whole lot of unelected
people that will just do whatever they want no matter
how you vote or who you vote for. That's when

(05:10):
you get a real breakdown of trust and democracy. So
while obviously there's some complexity and the way that these
officers and officers operate, these are the elected politicians. At
the end of the day, you're in charge. You vote
for the government, and the government has to set the
tone and make the calls, which I and Judith Collins
is going to do on her return.

Speaker 1 (05:32):
Good luck with dealing with us a lot, David appreciated.
David Symour, leader of the AX Party. Jesus must get
frustrating dealing with these public servants. It sounds like owner's
job is on the line, by the way, if she
doesn't tow the line. For more from Hither Duplessy Allen Drive,
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