Adams Amy: Third Readings —Text is incorporated into the Bound VolumeAdams Amy: Third Readings —[Sitting date: 02 April 2015. Volume:704;Page:2891. Text is incorporated into the Bound Volume.]Hon AMY ADAMS (Minister of Justice):I move That the Films Videos and Publications Classification (Objectionable Publications) Amendment Bill the Customs and Excise (Objectionable Publications) Amendment Bill the Crimes (Indecency) Amendment Bill the Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Bill and the Vulnerable Children (Children’s Worker Safety Checking—Indecency Offence) Amendment Bill be now read a third time. This legislation addresses an appalling issue that confronts societies around the globe. The creation and dissemination of objectionable material is a revolting scourge on our society. It is an evil that abuses and revictimises some of the most innocent and vulnerable amongst us. Advances in technology mean that offenders can now access almost infinite quantities of objectionable material with ease. Although for the most part the ability to access and share information online is a positive thing it also enables child exploitation material offenders to view store and share images depicting the sexual abuse of children in numbers and at speeds inconceivable even just a decade ago.In 2009 the United Nations estimated that internationally 200 new images are put into circulation every day and the FBI has estimated that there are more than half a million paedophiles online at any time. There is also evidence that the content of publications is getting worse and the children involved are getting younger. When offenders store and distribute this material it fuels the market encouraging those who create the material to produce more of it which in turn results in more children being abused. This is a cycle we are aiming to disrupt by increasing the penalties for the possession production and distribution of child exploitation material. Once an image exists it can be distributed to a wide audience at the click of a button. These images are being replicated and distributed further with ease enduring long beyond the life of the victim.This legislation sends a clear message that that is a repugnant series of conduct that encourages the abuse of children for which New Zealand has zero tolerance. I have great confidence in New Zealand’s law enforcement agencies which have a history of successful prosecutions against the scum who trade in make or possess child exploitation material. However the law in this area is outdated and no longer reflects the ease with which offenders can obtain and share these images. Furthermore social networking sites online chat programmes and other communications tools such as texts and picture messaging have made it easier for adults to communicate with children. The legislation seeks to address this increased connectivity by criminalising indecent communications with children and ensuring that those who possess or trade in child exploitation material receive a sentence that reflects the very grave nature of the offending.To achieve that purpose the legislation makes several core changes. Firstly it increases the maximum penalties for possession importation and export of an objectionable publication from 5 to 10 years’ imprisonment. The maximum penalty for supply distribution and the making of objectionable publications increases from 10 to 14 years’ imprisonment. These increased penalties better reflect the seriousness of this offending and the ease with which offenders can obtain and share these images. Although the legislation will increase the penalties for all objectionable publication offences the extent to which a publication exploits children will continue to be an aggravating factor that the courts must take into account at sentencing. Possessing and trading in images depicting the sexual exploitation of children is grave offending that in my view warrants stronger penalties than other types of objectionable publications. This is why the legislation also provides for a presumption of imprisonment for persons convicted of offences involving child exploitation material for a second or subsequent time. This presumption will apply unless the court is satisfied that the offender should not be so sentenced having regard to the particular circumstances of the offender or the offence.A further technical amendment introduced by way of a Supplementary Order Paper at the Committee stage of the legislation will ensure that the presumption of imprisonment for child exploitation material offenders applies only when a person has both committed and been convicted of a previous offence which reflects the current situation under common law. Several factors suggest that the prospect of a prison sentence could be a strong deterrent to such offenders. Although there are low rates of recidivism amongst those who trade in child exploitation material investigations show that those who do reoffend often do so with a higher level of premeditation and go to great lengths to avoid detection through the use of sophisticated encryption pass phrases and coded communications. Law enforcement agencies have indicated that they are the most desperate to avoid prison.The new sentencing regime better reflects the range of offending in this area and both the increased penalties and the presumption of imprisonment for repeat offenders will provide the court with a broader range of penalties that it can tailor to the seriousness of the offending. The legislation also addresses changes in technology by clarifying that possession of objectionable electronic publications includes intentionally viewing the material without consciously downloading it or saving it. The amendments simply affirm in legislation the approach already taken by the courts and ensure that offenders with the particular technical expertise are not able to escape liability by viewing electronic objectionable publications without also saving them.Lastly the legislation creates a new Crimes Act offence of indecent communication with a young person. The new offence will apply whenever anyone over the age of 16 indecently communicates with someone under 16. The offence addresses a gap in the law that exists between objectionable publications offences which require a record of the communication and the sexual grooming offence which applies only when the offender takes steps to physically meet with the young person. As with sexual grooming the new offence will also apply where the person charged communicates indecently with a police constable believing that police constable to be a young person. The new offence will be punishable by a maximum of 3 years’ imprisonment. Advances in technology mean that offenders with exploitative intent can now communicate with children with ease. These indecent communications with young people can occur in a variety of old and new media including text and picture messaging internet chat and telephone and a specific offence is needed to ensure that this damaging behaviour is criminalised regardless of how it occurs.At the Committee of the whole House stage I introduced Supplementary Order Paper 67 to the Objectionable Publications and Indecency Legislation Bill which makes further amendments. The first amends the Accident Compensation Act to ensure that cover is provided for mental injury caused by the new offence of indecent communication and the existing sexual grooming offence in the Crimes Act. In addition the bill now amends the Vulnerable Children Act to ensure that anyone convicted of indecent communication with a young person will have restrictions placed on their employment in core children’s workforce roles.A final amendment addresses a gap in the law to ensure that New Zealanders who assist foreigners to commit sexual acts against children overseas can be held liable as parties or accessories to the offence under New Zealand law. This will ensure that there are no inconsistencies between the culpability of New Zealanders who assist other New Zealanders to commit certain crimes overseas and New Zealanders who assist foreigners to commit those same types of offences. The measures in this legislation send a clear message that possession of and trade in child exploitation material are abhorrent acts that encourage the abuse of children and that indecently communicating with children is serious conduct prohibited by law. Can I note that I have welcomed the bipartisanship the House has displayed in supporting this legislation and I commend it to the House.