Cosgrove Clayton: Vehicle Confiscation and Seizure Bill — In Committee 
Text is incorporated into the Bound Volume 
Cosgrove Clayton: Vehicle Confiscation and Seizure Bill — In Committee 
[Sitting date: 20 October 2009. Volume:658;Page:7253. Text is incorporated into the Bound Volume.] 
Hon CLAYTON COSGROVE (Labour—Waimakariri) 
: 
 Part 2 deals with a number of issues in terms of making an attempt to reduce traffic offending by strengthening the powers of the courts in respect of the seizure of motor vehicles. I will concentrate for a moment on new section 100L which is to be inserted into the Summary Proceedings Act by clause 28. This provision authorises the sale by the court of a motor vehicle if any fine remains unpaid. We pose no argument in respect of that provision but without rehearsing the debate on Part 1 I would point out that there was a lot of debate. 
An argument was put forward last night by Mr Woodhouse in respect of the 10 cars that would be crushed per year—the 10 badges of honour that the Minister will wear. He said that there would be a large amount of recycling if this was not done. But that argument seems to be suspended in animation when we look at this provision. The argument is dissolved because under new section 100L a court can authorise the sale of a motor vehicle if any fines are unpaid. I have no problem with this. I think that is fine but I just point out to Mr Woodhouse and others that it will be interesting to see whether the recycling argument that they rehearsed last night will be rehearsed again today. The so-called issue of recycling has not dissolved; the problem though is that no evidence has actually been produced—and I do not think this would have been a problem—by the police the Ministry of Justice or anybody else in respect of the recycling of vehicles. Boy racers are unlikely to be whipping round to the back end of Turners Auctions as their $30000 Nissan Skyline or Jaguar goes under the hammer to attempt to buy it back. 
Mr Brownlee is an expert when it comes to those large-cylinder vehicles. I recall that he had a powder blue Jaguar at St Bede’s College. I say to the Minister who is looking quizzical that that is a type of car. But I know that he was not a boy racer. In fact I— 
Hon Gerry Brownlee 
: Oh come on! 
Hon CLAYTON COSGROVE 
: Oh well maybe he was; I will leave that for him to decide. It is very hard to believe that a boy racer will nip round the back of Turners Auctions as his $30000 Nissan Skyline is going under the hammer in order to buy it back. I think the arguments put forward by Mr Woodhouse are fictitious unless some evidence—that would be nice—could be put forward. We support these provisions but with the rhetoric that we are hearing I would also point out that one would think that this is not being done now. 
I am sorry to harp on about Christchurch which is a great part of New Zealand but if one goes out with the police at any time there one sees that they have developed very very good and practical sting operations. They also have other operations when they just send out incident cars—plain-clothed cars. I was out one night with a couple of young police officers and I saw that they have today the ability under the law to pull over anybody if they think that something does not feel right. They can pull over the young person or the old person or whomever. They can go through the registration and the warrant they can check out the car and they can also have the bailiffs and the court on standby—as they do—right through the night when they are doing these operations. 
If it was Mr Brownlee in his Jaguar who owed a few fines then they could say that they are sorry but the tow truck is on its way unless he pays the bill. The car will be on the tow truck and the tow truck is gone. I am sure that Mr Brownlee would never engage in that behaviour good soul that he is but the point I am making is that that happens today. It happens nearly every night of the week. 
I know this because I have often been in the back of a police car over many years. The police can pull people over if things do not feel right and not just where a driver is boy racing or girl racing. They can pull over drivers—they have done this—and they can say: “Hang on I don’t think this feels right.” They can check the vehicle through. They can look at the vehicle to see whether it complies. And by the way they can ring the bailiffs ask them to put the details through the computer and find out whether Mr Smith owes any fines and costs. 
I recall being on Moorhouse Avenue one night when a young fellow was pulled up in this way. He gave the police what ho. The police professionals stood there and took it. I as a lesser mortal would probably have been less restrained. They told the driver that he owed $5000 and unless he paid up the car would be on the tow truck. He rang mum. Mum—a rather affluent looking person— pulled up in a Mercedes. She put her arm around Johnny lambasted the police for what they had done which was the correct thing to do and said that it was not Johnny’s fault. I ask what he learnt by that. 
We support these measures but we just say that some of the arguments put forward last night will be negated today.