Collins Judith: Crimes (Match-fixing) Amendment Bill — First ReadingText is incorporated into the Bound VolumeCollins Judith: Crimes (Match-fixing) Amendment Bill — First Reading[Sitting date: 30 July 2014. Volume:700;Page:19760. Text is incorporated into the Bound Volume.]Hon JUDITH COLLINS (Minister of Justice) on behalf of the Minister for Sport and Recreation:Might I add my congratulations to you Mr Assistant Speaker Robertson on this being your final day not only in Parliament but in the Chair. I acknowledge your 27 years of very good service to the people of Manukau East and its various guises under the boundary changes and everything else and the hard work you have done for them. On their behalf you have been a great local MP and I know that you will be a great local board member as well. I look forward to seeing you at various events in that role.I move That the Crimes (Match-fixing) Amendment Bill be now read a first time. I nominate the Law and Order Committee to consider the bill. This is a short but very important bill. It is designed to protect the integrity of New Zealand sport. New Zealand has a well-deserved reputation for playing fair and this bill aims to protect that. Match fixing is a growing problem internationally and has been described as the No. 1 threat to sport. As we have seen from recent events New Zealand is not immune to this growing threat. That is why the Government is taking action on this matter. The International Centre for Sports Security has estimated that over $140 billion is laundered worldwide every year through sports betting. This illustrates the extent to which organised crime is seeking to exploit the sports sector. Although there are some existing offences that may cover match fixing this bill will put beyond doubt that match fixing falls within the scope of deceptive conduct covered by the Crimes Act. This will give enforcement agencies the ability to investigate and prosecute instances of match fixing.This bill is particular timely given the New Zealand co-hosting of the Cricket World Cup and the FIFA U-20 Football World Cup from early next year. Both football and cricket are known internationally to present match-fixing risks.Match fixing involves deceptive conduct aimed at predetermining aspects of a game or race in order to make betting returns. There is the potential for large amounts of money to be made from match fixing and this inevitably attracts criminals. Match fixing not only misleads those who place legitimate bets on a game but also deprives New Zealanders of an honest sporting contest and affects the integrity growth and development of New Zealand sport.Besides being a national pastime sport provides significant benefits to our nation. The economic social health and personal benefits of sport and recreation in New Zealand are estimated at $12.2 billion. Criminal sanctions are needed therefore to deter match fixers from damaging our sporting sector. Our counterparts in Australia have recently acted to address match-fixing risks. Various Australian states have now passed legislation that specifically criminalises match fixing. Given our close sporting ties with Australia it is important that we also move to deter match fixers.This bill is not the only thing the Government is doing to protect the integrity of New Zealand sport. The Minister for Sport and Recreation the Hon Murray McCully recently announced the release of the New Zealand Policy on Sports Match-Fixing and Related Corruption. The national match-fixing policy provides a comprehensive framework for collaboration across Government the sports sector and the betting industry to address it. The policy will amongst other things help to ensure that national sporting organisations have sufficient processes and procedures in place to protect their sports. This will include such measures as regulations prohibiting match-fixing activity with associated disciplinary procedures and sanctions; placing appropriate restrictions on sports betting; and ensuring that education is available on match-fixing prevention strategies. This bill therefore forms part of a package of measures the Government is progressing the cumulative effect of which is to create a strong framework to protect New Zealand sport.Importantly those who engage in match fixing including players coaches officials and administrators will face very serious consequences for their actions whether from the criminal justice system their sports organisation or both. The bill makes it clear that anyone who obtains a benefit or who causes a loss by engaging in match fixing will commit an offence against section 240 of the Crimes Act and will be liable to a maximum penalty of 7 years’ imprisonment. I consider section 240 of the Crimes Act to be the appropriate vehicle through which to make it clear that match fixing is a criminal offence.It is possible that section 240 already captures a range of match-fixing conduct; however this has never been tested in court so the bill removes the uncertainty around that. The amendments contained in the bill are relatively minor and are designed to clarify the application of section 240 to match fixing. The bill is not designed to affect the application of section 240 to other non-match-fixing - related offending; indeed that is why new section 240A has been created. To make it clear that the bill applies only to match fixing does not change how section 240 applies to other offending.In drafting this bill it is important to avoid criminalising the kind of rule-breaking that will inevitably occur in sport. This might include for example ball-tampering in cricket or deliberate foul play carried out for non-betting purposes. Such rule-breaking can be dealt with by the national sports organisations in a way considered appropriate for their sports. It is not something we necessarily want to have criminalised. What this bill does is to criminalise acts or omissions aimed at manipulating a match for betting purposes rather than for tactical or strategic sporting reasons.The bill applies to the manipulation of the overall result of a match or any event within a match. This has been made deliberately broad given the range of betting options that are now available. Match fixers may now seek to influence only small aspects of a match such as the timing of a no-ball bowled in cricket or the first point scored in a rugby match. This is known as spot fixing and is perhaps the hardest form of match fixing to detect. The bill does not criminalise the use of inside information such as information about pitch conditions or team strategies. I consider the abuse of such information is better dealt with by the governing sports bodies rather than the criminal law.The last technical point I would like to make about the bill is that it also applies to races including for example a horse race dog race car race or boat race. Races just like sports matches are susceptible to being fixed.Match fixing is a growing threat. That threat will be heightened when New Zealand hosts the Cricket World Cup and the FIFA U-20 Football World Cup early next year. This bill helps to address that threat and it does so—[Interruption]The ASSISTANT SPEAKER (H V Ross Robertson): Order! Can I just draw the attention of members who are interrupting on each other to the fact that that is out of order in the people’s House. If you want to make interjections then it is fine to do so on the person who is addressing the House—in this case the honourable Minister—but not on each other.Hon JUDITH COLLINS: Thank you Mr Assistant Speaker. It is always good to end Parliament on the right note. The body of case law under section 240 relating to for example what constitutes obtaining pecuniary advantage or causing loss will apply to the amendments contained in the bill. Consideration was given to a stand-alone match-fixing offence or to a regime of match-fixing offences. However while many other countries are grappling with how best to tackle this issue and whether specific offences or the general law is best to prosecute such activity an amendment that links in with section 240 was considered appropriate. This section of the Crimes Act has been identified as most likely to capture match-fixing conduct. Its application to match fixing can be put beyond doubt by the short amendments contained in this bill.The bill will protect the integrity growth and development of New Zealand sport. It will deter those in a position to improperly influence a betting outcome by manipulating a sports match. Sport is a huge source of national pride to us Kiwis and is something that must be protected from criminals. I commend this bill to the House.