Collins Judith: Sentencing (Vehicle Confiscation) Amendment Bill Summary Proceedings (Vehicle Seizure) Amendment Bill Privacy Amendment Bill — Third Readings 
Text is incorporated into the Bound Volume 
Collins Judith: Sentencing (Vehicle Confiscation) Amendment Bill Summary Proceedings (Vehicle Seizure) Amendment Bill Privacy Amendment Bill — Third Readings 
[Sitting date: 20 October 2009. Volume:658;Page:7267. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Police) 
: 
 I move  
That the Sentencing (Vehicle Confiscation) Amendment Bill the Summary Proceedings (Vehicle Seizure) Amendment Bill and the Privacy Amendment Bill be now read a third time 
. We are one step closer to making our streets safer. We will strengthen the powers of the courts to order the confiscation of motor vehicles empower the courts to order the destruction of motor vehicles used by recidivist illegal street racers and toughen the provisions to seize motor vehicles to enforce the collection of unpaid fines. We will take the fun out of illegal street racing. We will make it as difficult as possible for illegal street racers to flout the law and disrupt people’s lives. This legislation along with the Land Transport (Enforcement Powers) Amendment Act will crack down on those who persist in racing their cars on public streets doing burnouts pouring diesel on the road and disturbing aggravating and endangering the general public. 
During the past stages of this legislation I have acknowledged those parties who are supporting this legislation. The members of the Transport and Industrial Relations Committee scrutinised the detail within the legislation making good legislation better and members of the public took the time to make a submission. I thank Parliamentary Counsel Office staff for consistently delivering high-quality legislative drafting in an efficient professional manner. I also thank the officials from the New Zealand Police the Ministry of Justice and the Ministry of Transport. 
This legislation has been labelled the crushing legislation because it introduces a new penalty for illegal street racing: vehicle destruction. The amendments to the Sentencing Act establish a new confiscation and destruction order which the court can impose as a penalty for repeat illegal street racing offences. 
This Government is focused on making an impact on crime. Just as the Criminal Proceeds (Recovery) Act will hit gangs where it hurts by targeting their cash and assets this legislation will hit boy racers where it hurts by targeting their vehicles. We have learnt from past legislation that fines do not work. Infringement notices become badges of honour stashed in the glove box without a second thought. The car is the most prized possession of the illegal street racer. If a fraction of the time boy racers took grooming and modifying their cars was put into considering the harm they do to the community we would not have this problem. This Government has no hesitation in targeting those beloved vehicles in order for the message to be heard loud and clear that illegal street racing will not be tolerated. 
The amendments to the Summary Proceedings Act also target the vehicle. We know that illegal street racers sometimes use low-value cars to commit offences. These are cheap cars kept to be driven roughly and recklessly with little cost to the owner when they are damaged. In the past the Summary Proceedings Act 1957 provided that vehicles were seized just to recover fines. This has meant that low-value vehicles are sometimes used repeatedly and incur fines but are not seized enabling the vehicle to be continually used to commit traffic offences. The purpose of the new vehicle seizure provisions is to reduce traffic offending opportunities as well as to collect overdue fines. Low-value cars that have incurred fines will now also be seized. This will mean that those cars are no longer in the hands of offenders and are no longer able to be continually used to illegally race and disturb the peace. 
The groundwork for this legislation has closely scrutinised the existing loopholes that have been exploited by illegal street racers. One standout area is people who use the cars of others in order to avoid being caught and penalised. The amendments to the Sentencing Act authorise the confiscation of vehicles that an offender does not own or have an interest in but that a third party who has been warned about the consequences of the offender continuing to offend in his or her vehicle owns or has an interest in. This means that one can no longer borrow a mate’s car pull a couple of doughnuts on a public road and avoid the consequences. This also means that one cannot borrow a car that belongs to mum dad or nana for a few quick stunts when one’s own car is already impounded. Those cars are now able to be confiscated and potentially destroyed. This provision will hopefully make those in the community around illegal street racers more vigilant of their illicit activities. This legislation creates an environment that makes this type of offending as difficult as possible. 
I will now address the issue of the discretionary confiscation of vehicles that belong to a third party. The central objective of this legislation is to significantly reduce the harm and nuisance caused to communities by illegal street racers. This has been achieved by delivering a comprehensive package of measures that include local government - controlled sanctions measures to reduce noise measures to reduce cruising increased powers to inspect modified vehicles increased driver’s-licence demerit points and harsher penalties for illegal street racing offences. This Government has been very diligent to ensure that this legislation will impact upon illegal street racers and not on other members of the public. For this reason the courts will have the discretion to weigh up all the issues at hand and to make a fair and reasonable judgment when deciding whether to confiscate or to confiscate and destroy the vehicle of a third party. 
An arbitrary decision that all people who have had their vehicles used to commit illegal street racing offences must be liable for vehicle confiscation and destruction will not solve this problem. The real solution lies in the comprehensive package of measures that will work in unison to effectively target illegal street racing. These new tools will further empower the police to address local illegal street racing problems with local solutions applying well-informed operational responses that are backed up by strong laws. These tools will also empower courts to provide appropriate penalties for illegal street racers who continue to endanger their lives and the lives of others. 
I now move to a matter that was raised in the Committee stage by the Opposition around the delivery of warning letters. I made the comment that these letters could be delivered by the police. That is actually in the legislation and I am sorry that Opposition members have not bothered to read it. It is very clear that the letters can be delivered by the police by court staff or by people contracted to do so by the courts. It is very clear; it should not come as a surprise to Opposition members. If they had actually scrutinised the legislation then they would know it. 
In conclusion however I am proud to have responsibility for this legislation. It clearly responds to the demands of New Zealanders. I know this for a fact as I have received resounding support for this legislation as I have travelled around the country. In addition to this emails and letters have flooded in congratulating this Government on having the strength and commitment to deliver on its word. However we are a minority Government and we cannot pass this legislation without the support of other parties in the House. I particularly thank United Future the ACT Party the Maori Party and latterly the Labour Party which has now come on board. 
This vehicle confiscation and seizure legislation along with the Land Transport (Enforcement Powers) Amendment Act will provide a comprehensive suite of legislative changes specifically designed to stop illegal street racers in their tracks. I look forward to seeing the implementation of these laws and to seeing the streets of New Zealand become safer more peaceful and free from the chaos that is created by illegal street racing. I commend this legislation to the House.