Mark Ron: Questions for Oral Answer — Questions to Ministers 
Mark Ron: Questions for Oral Answer — Questions to Ministers 
[Volume:608;Page:5690] 
8.  
RON MARK (NZ First) 
 to the  
Minister of Justice 
: Why is he seeking all-party support to make an addition to the Statutes Amendment Bill requiring bail conditions to be mandatory for offenders who have had their sentences deferred? 
Hon PHIL GOFF (Minister of Justice) 
: 
 Judges have always been able where there are special reasons to place offenders in the community without conditions for a short period before the start of their sentences. I would hope that all members of this House would agree that offenders whose sentences are deferred should be subject to strict bail conditions. The concurrence of all parties would allow a straightforward and common-sense change to the criminal law that does that to be enacted without delay through the current Statutes Amendment Bill. 
Ron Mark 
: How long has the Minister known that in the year 2002 98 drug dealers four kidnappers two rapists 11 killers and 12 sex offenders were released into the community on deferred sentences under the legislation; and is he proud of that achievement? 
Hon PHIL GOFF 
: I would want to challenge at least some of those statistics from that member and that number of 11 killers if he is talking about front-end detention. If the member is talking about back-end detention which he says was put in place without the authority of this Parliament he should read the statute of 1993—10 years ago—that explicitly allows back-end detention. People are able to be put out and have been put out on back-end detention since that time. 
Russell Fairbrother 
: Is it correct that the sentencing laws have for at least 18 years allowed judges to defer sentences on convicted offenders leaving them in the community without bail conditions; if so why is he making this change now? 
Hon PHIL GOFF 
: It is correct. The law has been that way for at least 18 years and quite possibly for longer but I believe there are good reasons for making this change now. Most alleged offenders while awaiting trial remain in the community but do so under bail conditions provided they are not an undue risk and provided they are not at risk of absconding. It makes sense that an offender who has been convicted and released temporarily into the community before his or her sentence starts should be subject to conditions that are at least as strong as those he or she had when on bail awaiting trial. That is why I have proposed this change. 
Rt Hon Winston Peters 
: Why on earth would the Minister try to duck the issue by doubting the veracity of information provided by his own department on 13 May at 1547 hours and 41 seconds—it is all clearly laid out in the papers—or is he like the Prime Minister and not conscious of what he does and just plain soft on crime? 
Hon PHIL GOFF 
: Patently the last point is incorrect because the Sentencing Act under debate is the toughest piece of legislation that has ever gone through this House—including the legislation passed in the many years that that member spent as a member of a Government party. I have the same answer that Mr Mark has delivered on 13 May—the day it was due to be delivered to Mr Ron Mark—and the figures that he has quoted do not appear to align with the figures I am reading on the chart. 
Ron Mark 
: What faith should New Zealanders have in a justice system that on the one hand operates a traffic ticket quota system supposedly with the aim of making our roads safer and on the other hand released back into the community 132 offenders who had been convicted and sentenced to jail for driving with excess blood alcohol dangerous driving causing death reckless driving and driving whilst disqualified? 
Hon PHIL GOFF 
: In reply to the first part of the member’s question I say that nobody gets a ticket for speeding unless he or she is breaking the law. Unless the member is advising the House that he thinks one should break the law and not deserve to get a ticket I am not sure what he is telling us. With regard to the people who are put on home detention I can say that quite a number of those people under the sentencing regime so preferred by the National Party New Zealand First and the ACT party would have got suspended sentences. That is like a wet bus ticket—there are no conditions and no penalty. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. The Minister cannot go from not knowing the details of the law or of his portfolio to alleging the policy of other parties about which he knows nothing and for which he is not responsible. He will have a letter shortly telling him just that. 
Mr SPEAKER 
: On this occasion the member has made a valid point of order. 
Ron Mark 
: In order to clarify the clear confusion that the Minister has I seek the leave of the House to table the answer to written question— 
Document by leave laid on the Table of the House.