Huo Raymond: Criminal Proceeds (Recovery) Bill — In Committee 
Huo Raymond: Criminal Proceeds (Recovery) Bill — In Committee 
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RAYMOND HUO (Labour) 
: 
 It is a great pleasure to stand in support of the Criminal Proceeds (Recovery) Bill. I like this bill because as my Labour colleagues have said earlier in this House it has real teeth. I note the amendments moved by the Hon Simon Power last night and I also note that the bill will be divided into three bills. I have no problem with those amendments and I will focus on them in this debate. 
With reference to what Simon Bridges said last night in his speech on this bill I think we need to reiterate that the reason we are supporting the bill is that it is a good bill and it has real teeth. 
Lynne Pillay 
: And it was a Labour bill. 
RAYMOND HUO 
: Of course. 
To tackle crime particularly organised crime and to address the relevant issues we need bills of real substance and ones that are not just examples of window dressing. We are getting measures that are internationally condemned as failed models—for example the boot camp bill and the “three strikes and you’re out” bill. I do not know how to describe the “three strikes and you’re out” bill but I note that it is one that has a 20-year implementation period. As for the boot camps the headline of a  
Dominion Post  
story on 2 March says it all: “Judge puts boot into boot camps”. The judge who was being referred to is the Principal Youth Court Judge Andrew Becroft. He was quoted as saying that the traditional boot camp for young offenders was “arguably the least successful sentence in the Western World.” He said: “It made them healthier fitter faster but they were still burglars just harder to catch”. 
Therefore I am very pleased to see that the Government has decided to progress the Criminal Proceeds (Recovery) Bill which according to a press release published in 2007 is legislation designed to hit gangs where it hurts. I congratulate the Hon Mark Burton a former Minister of Justice who introduced the bill in March 2007 and Mr Martin Gallagher who chaired the Law and Order Committee. Both have done excellent work on this bill. I also thank the Hon Simon Power for including the bill in the National Government’s 100 days of action. I am glad that the Government rated this bill as more worthy than other measures that have been talked about in the media over the last couple of months including the ones I have mentioned above. 
The bill is based on the principle that crime must not pay. It provides for a new forfeiture regime for the proceeds of crime. It deals with organised crime and allows us to tackle gang leaders who do not get their own hands dirty but enjoy the benefits of their fellow gang member’s illegal activity. Instead of applying the standard of “beyond reasonable doubt” the bill gives the Crown the power to confiscate profits and assets obtained through criminal activity on the civil standard of proof which is the balance of probability. No criminal conviction will therefore be required before forfeiture can occur. 
The bill establishes two orders to deal with the removal of the profits of crime from a person. One is the profit forfeiture order and the other is the assets forfeiture order. I also note that the Law and Order Committee report mentions points in respect of the issue as to where the recovery body might be located which would help to clarify where the recovery body should lie. 
I agree with the amendments moved by the Hon Simon Power last night. Labour believes this bill finds an appropriate balance between targeting the proceeds of crime and protecting personal and property rights. Thank you.