Power Simon: Domestic Violence (Enhancing Safety) Bill — Second Reading 
Power Simon: Domestic Violence (Enhancing Safety) Bill — Second Reading 
[Volume:657;Page:6728] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Domestic Violence (Enhancing Safety) Bill be now read a second time 
. This bill was one of the first to be introduced by the National-led Government. It amends the Domestic Violence Act 1995 the Sentencing Act 2002 and the Bail Act 2000 in order to strengthen the responsiveness of the criminal justice agencies to victims of domestic violence. The Justice and Electoral Committee received 63 written submissions and heard 19 oral submissions on the bill. I take this opportunity to thank the committee members and in particular the chairperson Chester Borrows for the work that they have done on this bill. 
The most significant proposal in the bill is the introduction of police safety orders for which there was broad support from submitters. However submitters also suggested improvements that could enhance the implementation of these orders which were then picked up in the recommendations of the committee. The committee recommended requiring the person whom the order is issued against to surrender any firearms licence held by him or her. The bill originally proposed removing the person’s firearms only for the duration of the order but this would not prevent the person from using his or her firearms licence to legally buy another firearm. The amendment that removes and suspends the person’s firearms licence will reduce the alleged perpetrator’s access to firearms and enhance the victim’s safety. 
Another recommendation was made to amend the title of the order from “police order” to “police safety order” to reflect the purpose of these orders and to distinguish them from the protection orders issued by the courts. 
I was particularly pleased that the committee endorsed the Government’s policy that an order could be issued for up to 5 days. That will be critical if such an order is issued over a long weekend or in other situations where access to the courts may be limited. 
With regard to enforcing a police safety order the committee noted that there were no consequences for the alleged perpetrator if he or she failed to stay at the scene while the order was being issued and served. The committee recommended including an offence provision for those who flee the scene while the police are preparing to issue an order for arrest without warrant. 
The committee recommended a number of other amendments to clarify how the authorities will deal with a person who fails to comply with a police safety order. As introduced the bill provided that if a person who was subject to an order did not comply with the order then the police could take the person into custody and bring him or her before the District Court. If that could not be done within 24 hours then the police could release the person and summons him or her to appear before the court at a specified date and time. The committee recommended providing powers that will enable the District Court to issue a warrant to arrest a person who is subject to an order when he or she does not comply with the order or does not attend the court at the time and place to which proceedings have been adjourned. It is important to note—this is similar to the provisions of the Bail Act—that the warrant will permit the police to enter any premises by force if necessary in order to give effect to it. 
Other recommendations define the judicial officers who can hear cases involving the breach of a police safety order and provide further detail regarding the court processes associated with the issue of a temporary protection order as a penalty for the breach of a police safety order. 
Another important feature of the bill is the proposal to amend the Sentencing Act 2002 to enable the criminal courts to issue a protection order on behalf of the victim in cases where an offender is sentenced for a domestic violence offence. I understand submissions were very supportive of this proposal. The committee recommended enabling the criminal courts to issue a protection order even if the victim has also applied for a protection order in the Family Court or the District Court. This is to ensure that the victim may be covered by a protection order from the time that the offender is sentenced for the offending. 
The bill also amends the offence provisions in the Domestic Violence Act by removing the two-tier penalty structure for breaches of protection orders and leaving only the maximum penalty of a term of imprisonment not exceeding 2 years. The bill also provides a specific penalty of up 6 months’ imprisonment for failing to attend a court-ordered programme. Submissions suggested that if the offender is also directed to attend a stopping violence programme the judge or registrar should explain that programme attendance is compulsory and that consequences will follow if the offender does not attend it. The committee agreed with that and considered that such an amendment would help offenders to understand the importance of attending stopping violence programmes. 
The committee also recommended changes to the provisions that apply to the Bail Act 2000 to allow the police to impose any conditions considered reasonably necessary to protect any particular person who resides with the victim such as a new partner or elderly parents. The bill originally proposed that conditions could apply to any child who lives with the victim. Submitters raised the valid point that a victim may also have other family members living with him or her who require protection from the person against whom the order was made. 
I have read the minority report on the bill from the Labour Party and I acknowledge its concern that other recommendations from the review of the Domestic Violence Act were not included in this particular bill. As I said at the time this bill is focused on the criminal justice sector’s response to incidents of family violence. Since the select committee reported back to the House on this bill I have introduced the Child and Family Protection Bill which picks up on some proposals that are centred on child welfare and reconciling the Domestic Violence Act and the Care of Children Act. The introduction of the Child and Family Protection Bill was delayed because I saw an opportunity to include a new offence of improperly inducing consent for the adoption of a child. That bill will enable New Zealand to finally ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography which New Zealand signed in 2000. However I am unapologetic for prioritising the changes proposed in the Domestic Violence (Enhancing Safety) Bill which will provide for the immediate safety of those who are under imminent threat from domestic violence. 
I recall that when I introduced this bill it was one of the occasions when I asked the select committee to take into consideration one or two factors and to offer up amendments where it saw that it would be appropriate to do so following receipt of submissions. In this case it seems to me that the select committee process has worked particularly well in terms of the number of recommendations and practical amendments offered up by the committee. This legislation was a core part of the Government’s 100-day programme following the general election. I am pleased that progress has been made on it. The bill is an initiative that is particularly important to me and I intend to see it make its way through all stages as soon as possible. I commend the bill to the House.