Ross Jami-LeeLAND TRANSPORT (VEHICLE USER SAFETY) AMENDMENT BILLFirst ReadingJAMI-LEE ROSS (National—Botany): I move That the Land Transport (Vehicle User Safety) Amendment Bill be now read a first time. I nominate the Transport and Industrial Relations Committee to consider the bill. I am going to channel Assistant Speaker Mallard's advice to backbenchers and give a first-reading speech without reading a speech written word for word.This bill is an unashamed and genuine attempt to deal with and assist local members from my electorate and around Auckland with an issue that motorists in Auckland and other parts of New Zealand deal with on a regular basis and that is the issue of window washers. Window washers are well known to many individuals who use the roads and sit at traffic lights on a regular basis. Window washers both in Auckland—Iain Lees-Galloway: Is that hand movement deliberate?JAMI-LEE ROSS: Yes thank you Mr Lees-Galloway. The issue of window washers is not just a safety issue; it is also a law and order issue. It is a safety issue because the window washers at intersections are not just putting themselves at risk—and they do so by running in and out of traffic—they actually cause quite a nuisance at intersections to those who use vehicles. They also can be relatively intimidating for those who are—[Interruption] Excuse me Mr Tabuteau?Fletcher Tabuteau: You don't think that might be an existing offence?JAMI-LEE ROSS: Well I will get to that Mr Tabuteau. I will get to that Mr Tabuteau if you just listen. The issue of window washers is that they cause intimidation and they cause a nuisance at intersections. The Auckland Council and many councils around the country get literally hundreds of complaints on a regular basis about the issue of window washers. As local members of Parliament we meet regularly with New Zealand Police and we meet regularly with business associations in the Auckland area and this is a consistent complaint that I have been receiving as a member of Parliament.Investigating the issue around window washers it is obvious that Auckland Council has a by-law around them and other councils around the country have by-laws around window washers too. It usually fits within the nuisance provisions that councils have in their schemes of by-laws. The trouble with by-laws is that they are enforceable only if it is easy and effective for a local authority to enforce them. The trouble with window washers and the trouble with the safety and nuisance issues that they create is that dealing with window washers and enforcing the by-law requires a local authority to take a prosecution through the District Court. That is time-consuming and that is very costly to the ratepayer. For a local authority's individual staff member to attempt to gain a name and address from a window washer—that also poses safety issues for the staff members of the local authority.New Zealand Police—in Auckland particularly—has been actively involved in dealing with window washers. The New Zealand Police district commanders in the three Auckland districts have written to the Auckland Council in previous years giving their support for the Auckland Council's desire for an infringement regime to be established for window washers. The Auckland Council is firmly of the view that an infringement regime would be a far better way for it to deal with window washers. It would be far better for it because it would not require the council to go through the court system for prosecutions and it would also mean that New Zealand Police would be able to tackle window washing effectively.You may ask why New Zealand Police is quite involved with dealing with window washers. Window washers are on council roads typically and it is an issue that is a nuisance issue which typically a council deals with. But the reason why New Zealand Police has spoken directly to me as a local member of Parliament—and they talk consistently with the Auckland Council about window washers—is the ongoing detrimental effects that window washers can have and the wider issues around them.If one goes and researches and searches for news articles around window washing one can come up with many many examples of where window washers have caused other issues and other problems around the area where they are window washing. If I can read out some articles for the House: Driver attacked by window washers" is a Radio New Zealand article based in Greenlane. "Window washers attack schoolchildren in Auckland" is an example of a news article from Epsom. An article from Whangarei says: " 'I'm terrified of them'—fear in Whangarei over window washers". An individual has said: "I'm feeling intimidated—actually I'm terrified of them and generally try to avoid these intersections where possible." In Rotorua—Mr Tabuteau might like this—"A police chief has labelled intersection window washers 'criminals and drugs addicts' who are prone to 'irrational and aggressive' behaviour." In Christchurch we have: "Police are becoming increasingly worried by the behaviour of the windscreen washers and want the Christchurch City Council to give them authority to seize their equipment and prosecute them under the council's public places bylaw."I readily accept that this is not the biggest crime of the century but it is something that the likes of the Auckland Council and other councils around the country are dealing with on a regular basis. The Auckland Council tells me that in 2015 it received 335 complaints around window washing. In 2016 the council received 413 complaints around window washing. When we have examples of people who are engaging in this activity going on to harass motorists going on to intimidate motorists when we have school children being attacked as well—and school children who are being harassed by individuals engaging in this—and we see other offences escalating out of that activity then we have to ask ourselves whether this is something we should be assisting the councils with.The council has firmly said to me as a local MP—and it will say to anyone I am sure who is willing to listen—that a more effective method for dealing with window washers would be by way of an infringement notice. We already have an existing regime around land transport through the Land Transport Act where there is an infringement regime in place. A suggestion that was made to me was that a fine of $150 which fits in well with these types of offences under the Land Transport Act would be an effective way to deal with this.Now I do not expect that police are going to be sitting at every intersection watching for window washers; they are not going to do that. But New Zealand Police has a genuine concern that the activity of window washers particularly where it involves youth gangs can lead to other unsociable activities and can lead to other issues in an area. The police are of the view that if they have a tool in their tool box that they can use to move window washers on from an intersection there will be a reduction in violence around intersections there will be a reduction in antisocial behaviour and there will be a reduction in complaints and the potential safety hazards that are around window washers—for themselves when they run in and out of traffic and for the motorists who are there who from time to time can find it quite intimidating. The police are firmly of the view that if they can tackle issues in the hot spots where they arise that can be an effective method for dealing with them.Not every intersection in the country has a problem—I accept that. But there are hot spots in Auckland and other parts of the country where window washing has been excessive and has led to problems. When we are getting hundreds of complaints when we are getting many many individuals concerned for their safety and feeling intimidated and when local authorities are spending literally tens of thousands of dollars if not more clogging up court time through the District Court by taking prosecutions a more simple and effective option—by giving police the tool available to them to issue infringement notices under the Land Transport Act—would I believe be a more effective tool.I just want to touch—as I have got a few minutes remaining—on gang involvement. One of the concerns that I have had expressed to me very strongly is that this is not just individuals wanting to earn a few bucks here and there every hour; there is a strong presence of gangs involved in this particular activity as well where gangs have been using the activity of window washing for recruitment and initiation. Where gangs are getting involved and where there is an escalation of antisocial behaviour out of an activity I think that we can help the council and help Aucklanders more effectively with this issue.It will also help other areas too. As I mentioned with these news articles Christchurch Rotorua and Nelson are all experiencing problems around window washers from time to time. I am advised by the Auckland Council that the typical fine for a window washer prosecution is $200 to $400; however the cost that the council incurs is up to $5000. It currently has 61 offenders that are being prosecuted and dealt with by the courts but there are approximately 170 cases being prepared and submitted for prosecution as well. This is not a one-off thing that happens from time to time and it is not just a small issue that occurs; it is a genuine safety and law and order issue that I am trying to deal with as a local MP.I want to say thanks to New Zealand Police for its advice on issues around this. I want to say thanks to Grant Barnes Councillor Dick Quax and former councillor Calum Penrose for their advice from the Auckland Council around this as well. I think this is a simple and effective option to assist with a road safety and law and order issue. We can assist councils around the country by passing this amendment bill."