Mark Ron: Questions for Oral Answer — Questions to Ministers 
Mark Ron: Questions for Oral Answer — Questions to Ministers 
[Volume:608;Page:5826] 
8.  
RON MARK (NZ First) 
 to the  
Minister of Justice 
: Does he have any concerns that sentencing of offenders is presently not meeting public expectations; if not why? 
Hon RICK BARKER (Associate Minister of Justice) 
 on behalf of the  
Minister of Justice 
: As with any significant new legislation the Government continues to monitor trends under the Sentencing Act to ensure that its implementation accurately reflects Parliament’s intention. 
Ron Mark 
: Can the Minister then assure the House that Ding Yan Zhao an unlicensed Auckland student whose speeding sports car ploughed into a Rangiriri petrol station in February killing a preschooler and critically injuring her father has not been given a deferred sentence and will not get home detention? 
Hon RICK BARKER 
: It would be inappropriate for me to comment on any decision made by a judge as the executive and the judicial arms of Government must be seen to operate independently of each other. 
Tim Barnett 
: Is the Minister satisfied that the Government’s intent in passing the Sentencing Act last year has made a difference in sentencing by the courts? 
Hon RICK BARKER 
: Yes. A key goal of the reform of the sentencing legislation was to impose tougher penalties on those who commit the worst offences. Sentences for the worst offences have been longer under the new law. Minimum non-parole periods of up to 33 years for the worst murders have been imposed. In my lifetime I have never witnessed such tough sentences. 
Marc Alexander 
: Does the Minister agree or disagree that Parole Board decisions that concern the provision of home detention for those given deferred sentences would be better expedited by the discretion of the presiding judge and what does the Minister intend to do to ensure that public safety will not be compromised? 
Hon RICK BARKER 
: The Hon Phil Goff has raised the issue of parole conditions being placed on people where there are deferred sentences. It has been a longstanding part of our law that judges have the discretion to defer sentences. The concern has been raised that conditions may not be imposed upon that. The parties have been asked whether they would consider amendments being made to the Act by way of a Statutes Amendment Bill so that judges do have the power to impose parole conditions on suspended sentences. I regret to advise that three parties National ACT and New Zealand First have declined support for that measure. 
Ron Mark 
: Does the Minister recall advising the House that the responsibility for determining whether a serious offender should be given a deferred sentence and/or home detention rests with judges and the probation service in particular; if so can he tell the House what steps he has taken to ensure that the probation service makes decisions that are reflective of the views of members of the public as indicated in the referendum in 1999? 
Hon RICK BARKER 
: The probation service is part of the Department of Corrections. I do not have a delegation on that matter. If the member wishes to put down a question to the Minister of Corrections I am sure it will be answered. 
Stephen Franks 
: I raise a point of order Mr Speaker. I believe that the Minister standing in for the Minister of Justice may have misled the House in his answer to the question about the position of ACT on the proposal. I ask that the Minister check to see whether he needs to correct that position. 
Hon RICK BARKER 
: That was my advice but I will check it immediately. 
Ron Mark 
: I raise a point of order Mr Speaker. In order that the Minister not be embarrassed I advise that he has inadvertently misled the House on the position of New Zealand First and that he has a letter to that very effect. I ask that he be invited to come back to correct his statement. 
Mr SPEAKER 
: The Minister has indicated that he will do that.