Beaumont Carol: Courts and Criminal Matters Bill — In Committee 
Beaumont Carol: Courts and Criminal Matters Bill — In Committee 
[Volume:673;Page:19799] 
CAROL BEAUMONT (Labour) 
: 
 While the Minister in the chair the Minister of Justice is frantically looking for the missing Act that was mentioned by Lynne Pillay—we are very keen for him to enlighten all of us on what that missing Act is—I will speak to Part 4 of the Courts and Criminal Matters Bill. It amends a whole number of pieces of legislation including the missing one which Lynne Pillay will beaver away on as well while I talk. One of the members will find it. There is a prize for the winner—the person who finds it. Ms Pillay has obviously gone through and listed the amendments to other Acts so I will not—[ 
Interruption 
] I would rather not do it again. I am sure the Committee really does not want me to do that. 
I repeat that the Courts and Criminal Matters Bill is an omnibus bill and Labour supports it. Part 4 illustrates the extent of the reach of these changes and the number of different Acts that are affected by this bill. Primarily the principal Act in each case is amended by different definitions and interpretations. I will illustrate that for people so that they get a sense of it as I am sure members would like me to do. 
The amendment to the Customs and Excise Act 1996 is a change to the definition of “fine”. The bill adds paragraph (e) to the definition which states: “any amount payable under section 138A(1) of the Sentencing Act 2002.” Likewise there are amendments to some of the other Acts including the Children Young Persons and Their Families Act 1989. The Act is amended by clause 79 “Interpretation” which repeals the definition of “traffic offence” and substitutes the following definition: “ ‘traffic offence’ means—(a) any offence against the Transport Act 1962 the Road User Charges Act 1977 the Transport (Vehicle and Driver Registration and Licensing) Act 1986 the Land Transport Act 1998 or the Land Transport Management Act 2003 or against any regulation rule or bylaw made under any of those Acts: (b) any offence against any regulation rule or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations”. 
The reason why this multitude of Acts has to be changed under Part 4 is to deal with all of the situations where people can incur fines. There are also some other changes like the changes being made to the Privacy Act for example which I spoke about at some length when I was speaking on Part 3. 
The Railways Act—that is interesting—is being amended in relation to the issuing of infringement notices. I will not go through all of the wording there because it is quite a long change but the bill puts in a whole new section 100. It talks about the content of infringement notices and reminder notices and about what is meant to be in those things. We also have amendments to the Tax Administration Act which is quite interesting. Those amendments relate to the disclosure of certain information in relation to fine defaulters. The definition of “fine defaulter” is amended. 
Again these are all very much consequential changes. They are if you like tidy-ups to ensure that these various Acts will be able to deal with the substantive changes in the Courts and Criminal Matters Bill which as we have said earlier—and we agree with members opposite—has a very good purpose. It is to address a general concern about the number of overdue fines the dissatisfaction of victims when offenders do not comply with reparation orders and the frustration of creditors and debtors who use the court’s civil debt enforcement process. 
I think in the course of the discussion tonight on the various parts including Part 4 we have seen some real efforts to try to balance protections and so on—such as people’s rights under the Privacy Act—with the responsibility to pay fines. Certainly most of us in this Chamber believe it is important that when fines are given for various offences people do pay those fines. A failure to do so not only builds up a huge amount of debt which leads to problems for individuals and their families but also undermines the legislation. 
The question was put that the amendments set out on Supplementary Order Paper 244 in the name of the Hon Georgina te Heuheu to the proposed amendments set out on Supplementary Order Paper 202 in her name to Part 4 be agreed to. 
Amendments to the amendments agreed to. 
The question was put that the amendments as amended set out on Supplementary Order Paper 202 in the name of the Hon Georgina te Heuheu to Part 4 be agreed to. 
Amendments as amended agreed to.