Flavell Te Ururoa: Land Transport (Enforcement Powers) Amendment Bill — Second Reading 
Flavell Te Ururoa: Land Transport (Enforcement Powers) Amendment Bill — Second Reading 
[Volume:658;Page:6974] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Kia ora Mr Assistant Speaker Roy. Tena tatou katoa i tenei po. Kia ora tatau me te ahuatanga o ta tatau noho i tenei po. 
[ 
Greetings to you Mr Assistant Speaker Roy. Greetings to us all tonight. Greetings to us in respect of how we are sitting tonight. 
] 
The last month has provided more than enough reason for the Land Transport (Enforcement Powers) Amendment Bill to be progressed through the House. This month began with a 3-year jail term handed down to a young man in Christchurch I believe who was racing another car and probably going over 150 kilometres an hour when he lost control of the car and slammed into another vehicle. The impact of the crash was so severe I am told that it basically tore his vehicle in two. But by far the most profound impact was felt in the lives of the families who continue to suffer from an accident that never needed to happen an accident that injured the driver and killed the woman passenger Laureen Reilly. Over the hill in Masterton a three-car crash on the rural Manaia Road involving carloads of students from Wairarapa College was a depressing reminder of a period of 5 years earlier when a Wairarapa College student had been killed in a crash in similar circumstances. Even in my own area in the rohe of Waiariki we too have experienced the chaos and catastrophe that seems to be part of the association with illegal street racing. 
A little over 3 weeks ago as some members might recall Rotorua went through the spectacle of what was supposed to be a peaceful protest or demonstration against the suite of legislation we are debating tonight. There were some 900 people gathered and 230 cars. There was not much evidence of peace to be seen with the amount of abuse being pelted out at the police not to mention the bottles that were thrown the windows smashed and the cars damaged. All in all 31 arrests were made five cars impounded and two police cars damaged by that demonstration of wills. 
The legislation we are debating today will increase the powers of councils and police to disrupt deter apprehend and prosecute drivers who are street racing. If we were to believe the positions put forward by those who represent boy racers we would think that they are a law-abiding group that simply wants to have a forum to be passionate about their souped-up cars. But the situation that occurred in Rotorua last month threw absolute doubt on the accuracy of any such claims by that group. The protest apparently attracted supporters from Auckland Taupo Hastings and Tauranga. I would be the first in the House to defend the rights of any citizens to put forward their case to have the opportunity to protest to challenge and to articulate the views they believe in—absolutely. But the focus must surely be on the principles that the protest movement is defending and not behaviours which detract all attention from the actual cause itself. Those arrested in Rotorua face charges including breaching the liquor ban drink-driving unpaid fines driving while disqualified and possession of methamphetamine. There are a whole host of public safety issues here including senseless injuries and the deaths of young people and innocent bystanders that mean we must look seriously at how the boy-racer culture contributes to such situations. We are concerned about a whole range of safety issues raised by for example the pouring of diesel on the road speeding and the driving of unsafe vehicles. 
I was interested in the positions put forward by YouthLaw Tino Rangatiratanga Taitamariki which raised questions about the reasons why the boy-racer subculture was being targeted rather than say a firmer stand being taken on the offensive behaviours demonstrated by any drivers breaching the law. The report of the Transport and Industrial Relations Committee noted that some of the antisocial behaviour associated with illegal street racing is caused by alcohol consumed in cars. In actual fact of course someone who consumes or possesses liquor in an open container within a car can be in breach of the liquor control by-law under the Local Government Act 2002. The committee also noted that the recent Law Commission review on the effects of alcohol discusses the issue of the possession or consumption of alcohol or liquor in open containers within a vehicle. So if drink-driving causes problems there are other mechanisms that can be relied upon. Some submitters pointed out that alcohol plays a far greater role in accidents and therefore should be accorded a higher priority above illegal street racing. For us in the Maori Party the question of balance is the key issue. 
Josh Hawira of Hamilton told the Transport and Industrial Relations Committee that this bill ignores basic human rights under the New Zealand Bill of Rights Act—namely freedom of association peaceful assembly and movement and the right against disproportionate punishment. In his view having one’s car impounded for simply driving around would in most cases be disproportionate. It was a view shared also by Matene Te Aho who asked the committee to look beyond penalising boy racers per se and instead refocus efforts on applying and enforcing existing laws to control public nuisance or disorder related to antisocial behaviour. Matene described various initiatives trialled in Manukau Hamilton Tauranga and New Plymouth to control boy racers including for example a skid pad in New Plymouth which has been instrumental in reducing the number of street races on the nights on which it is opened up to boy racers. 
Another range of interesting ideas came from a group called Activate a Wellington-based youth advisory group with members aged between 15 and 21 years. Activate collected a wide range of views through surveys and talking to young people. Those views included the opinion that the Land Transport (Enforcement Powers) Amendment Bill created mistrust between young people and the police. Oliver Ibbetson Tai Ahu and Alexis Luo represented those views to the select committee noting that their advice included the perspectives of young car enthusiasts youth workers and other interested young people. The overwhelming theme in their analysis was that the proposed law would not achieve what it was designed to achieve and that the real issue of education around driving attitudes was being ignored. In the words of one of the participants: “It will decrease the number of racing cars on the street but not necessarily change driving behaviours.” Another theme from Activate was that heaps of young people felt that there was no real harm in cruising. 
In this House tonight we may have different views and opinions about street racing—indeed this legislation makes that very evident. However in the process of introducing any changes to laws that will have some direct relevance to our young people we must make it absolutely clear that we want to consult young people we are concerned about their views and what is more we will listen to them. If young people are truly alarmed that their rights as car enthusiasts will attract more serious legal consequences we need to ensure that their views are heard and in our response demonstrate that their views do matter. We must provide opportunities for our young people to be involved in decision making that affects our communities. The Maori Party will be supporting this legislation because we support any initiatives that are designed to promote public health and to prevent the ongoing record of death and injuries to young people. Although the factors of public nuisance and disorder—the noise and tragic street crashes—are the causes that this legislation responds to we must never lose sight of the outcomes of the health and long lives of our population. Thinking of the people and particularly our young the Maori Party will vote in support of this bill and the accompanying Vehicle Confiscation and Seizure Bill. Kia ora tatou. 
Bill read a second time.