McNair Craig: Questions for Oral Answer — Questions to Ministers 
McNair Craig: Questions for Oral Answer — Questions to Ministers 
[Volume:610;Page:7830] 
8.  
CRAIG McNAIR (NZ First) 
 to the  
Minister of Police 
: Do the police ever take into account any alleged religious or spiritual values when deciding whether to prosecute for any crimes; if so why? 
Hon PAUL SWAIN (Minister of Transport) 
 on behalf of the 
 Minister of Police 
: Religious or spiritual values are not relevant to decisions on whether a prosecution should commence or continue. 
Craig McNair 
: Are there any plans or measures in place that would prevent people from breaking the law by claiming that it is part of their religion—for example has he investigated whether smoking marijuana is an essential part of being Rastafarian? 
Hon PAUL SWAIN 
: Not that I am aware of. Whether someone is Rastafarian has absolutely nothing to do with whether a prosecution would continue. 
Mahara Okeroa 
: What factors then are important to police in making decisions to prosecute? 
Hon PAUL SWAIN 
: The Solicitor-General’s guidelines outline the critical factors. Police must first consider whether there is admissible and reliable evidence that an offence has been committed by an identifiable person. The evidence needs to be sufficiently strong to establish a prima facie case. If there is an evidential basis for a prosecution police need to determine whether the public interest requires the prosecution to proceed. 
Nandor Tanczos 
: Given his answer to the primary question can the Minister tell the House what the basis is for discriminatory policing that leaves Maori more likely to be arrested and convicted for cannabis use than middle-class Pakeha smokers like Peter Dunne used to be in his youth? 
Mr SPEAKER 
: I think that the member might on reflection care to be very careful before bringing members of this Parliament into comments such as that. I would prefer that he asked the question without reference to that. 
Nandor Tanczos 
: I raise a point of order Mr Speaker. I understand that it is on the public record that Peter Dunne has admitted to having used cannabis in his youth. 
Mr SPEAKER 
: That was not relevant to making the question intelligible. Perhaps the member could restate the question. 
Nandor Tanczos 
: Can the Minister tell the House what the basis is for discriminatory policing that leaves Maori more likely to be arrested and convicted for cannabis use than the general public and that after taking account of rates of use and prior convictions as has been highlighted in the Christchurch health and development study and by the Health Committee inquiry into cannabis? 
Hon PAUL SWAIN 
: I am advised that decisions on prosecution are made without fear or favour. 
Craig McNair 
: Does the Minister agree with other members’ use of Bible quotations and claiming adherence to alleged Christian values to justify hiding past crimes; if so how do police view those actions? 
Hon PAUL SWAIN 
: As I said before the police are required to take into account the Solicitor-General’s guidelines. Someone’s religious or spiritual beliefs have absolutely nothing to do with whether a decision is made to prosecute. 
Nandor Tanczos 
: Is the Minister concerned at the admission by the president of the New Zealand Police Association Mr Greg O’Connor as reported by the Health Committee in its inquiry into cannabis that “police have targeted people on the basis of their dress” and what does he intend to do about it? 
Hon PAUL SWAIN 
: No. The fact of the matter is that the advice I have received is that decisions on whether police proceed are made without fear or favour. I hope I have made that clear.