Adams Amy: Criminal Proceeds (Recovery) Bill — In Committee 
Adams Amy: Criminal Proceeds (Recovery) Bill — In Committee 
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AMY ADAMS (National—Selwyn) 
: 
 I rise to take a call on the title and commencement clauses of the Criminal Proceeds (Recovery) Bill. This is a good title in that it is clear and describes exactly what the bill sets out to do. It is really what we have been talking about this afternoon: the ability of the law of this land to effectively get at and recover the proceeds of crime. But within that—and I will make the point again because it is central—we need to look at exactly what the proceeds of crime encompass and at what we are seeking to recover by amending the legislation. We have heard it said before by members from both sides of the Chamber that the law we have at present although seeking to achieve broadly the same fundamental and philosophical aims simply does not have the teeth to truly get in and recover those proceeds of crime. Here we have a bill that began as we have heard under the previous Labour Government—and I commend it for that—but we as a National-led Government are now prioritising it through to its completion in this House. 
The nature of the proceeds that this bill aims to bring within its ambit is considerably widened and this is really the key point of the debate this afternoon. It is not just the proceeds of crime it is not the money someone stole from the bank or the methamphetamine that is ripped off from the chemist but the wealth that those criminal offences bring to the criminal element that organises that sort of offending. We have to be a lot more creative as law drafters and lawmakers to set up a system of recovery that can look much more holistically at where the money is in crime how it gets there and how we can get it back. 
The title of the Criminal Proceeds (Recovery) Bill is clear and descriptive as to what exactly the legislation will do. It will do that because it will put teeth into the existing philosophy and will ensure that the proceeds of crime in New Zealand can be far more effectively recovered and far more effectively removed from the entities that are benefiting from crime. Importantly we are not limiting ourselves to the tainted property specifically; the recovery of any benefit or even goods of an equivalent value that can be removed certainly will achieve those same aims of the bill because we are seeking to ensure that crime does not pay. That is why we have heard this afternoon in the debate that the bill goes on to target any fruits of a tainted tree. It is a clear maxim of law that fruits of a tainted tree are as tainted as the tree itself. That is why we know that we cannot have good title to goods that have come down through a tainted process. 
We have talked before in the debate about the important safeguards in place to ensure those powers are not misused and misapplied. I think that we can have confidence that the drafters of this legislation have worked very hard to put in place appropriate safeguards to make sure that although we are increasing significantly the powers of the New Zealand Police to punish gangs and the criminal element through hitting at their asset base we are doing so in a way that enables our very talented and highly respected judiciary to ensure that the powers are not used inappropriately. 
I just comment also in respect of this title clause that the mere passing of legislation called the Criminal Proceeds (Recovery) Bill sends a message which is an important part of the work we do in this House. It sends a message that this Parliament—and I say “Parliament” because of the cross-party support that this bill has enjoyed—will not tolerate gangs criminal organisations organised crime or anyone else who seeks to make money from breaking the law. We will not tolerate that sort of behaviour and allow those organisations to thrive. 
To be able to stand up in each of our electorates in all parts of this country and say to New Zealanders that this Parliament has passed the Criminal Proceeds (Recovery) Bill is a thing to be proud of. It makes a very clear statement about what we as a Government as a Parliament and as members in this House are prepared to accept and about the standard that we demand. Where we see clear evidence that the law is not achieving the ends that this House had for it then it is certainly incumbent upon all of us to take steps to address that situation. This bill certainly does that. I wish to commend once more the Minister in the chair the Hon Simon Power for bringing the bill before the House.