Alexander Marc: Questions for Oral Answer — Questions to Ministers Questions to Members Questions to Ministers 
Alexander Marc: Questions for Oral Answer — Questions to Ministers Questions to Members Questions to Ministers 
[Volume:615;Page:11499] 
2.  
MARC ALEXANDER (United Future) 
 to the  
Minister of Justice 
: Is he confident that section 98A of the Crimes Act 1961 concerning participation in a criminal gang is being utilised effectively to combat the spread of gangs and their related criminal activities; if so why? 
Hon MARGARET WILSON (Acting Minister of Justice) 
: 
 Yes. Since the Government made changes to section 98A in 2002 the number of prosecutions brought by the police has increased dramatically. Last year 76 prosecutions under section 98A were brought compared with a total of 16 for the 5 years previously. So far 10 of those charges have resulted in convictions for that offence. Some of the remaining cases presumably are yet to be determined by the courts. 
Marc Alexander 
: Noting the Minister’s answer— 
Mr SPEAKER 
: The member should start his question with a question word. That is not a question word. We had that issue raised quite properly by Mr Brownlee last week. I have ruled that supplementary questions have to begin with a question word. 
Marc Alexander 
: Why is it that in the last 4 years only a pathetic 12 people have actually been convicted of participation in a criminal gang when the Government’s own figures suggest there are at least 10000 gang members out there and what possible confidence can the public have that the Government is doing anything to halt the rise of gangs and the gang-controlled drug industry in particular the P epidemic when the average period of imprisonment for those 12 people was a paltry 16½ months? 
Hon MARGARET WILSON 
: The statistics relating to convictions are a matter for the courts. In the process I understand that although charges are frequently brought under section 98A they are normally brought in conjunction with other charges. That is why there are fewer convictions. Presumably during the period charges are sometimes withdrawn or not proceeded with when convictions are already received for other offences. 
Tim Barnett 
: What was the nature of the changes made by the Government in 2002 to section 98A of the Crimes Act? 
Hon MARGARET WILSON 
: The changes made to section 98A simplified the legal test for what constituted an organised criminal group. It broadened the scope of who could be considered to be a member of that group and it increased the maximum penalty for participation in a criminal gang from 3 to 5 years’ imprisonment. Police noted that the changes made by the Government to that section made the law “more relevant to the gang situation within New Zealand” and anticipated an increase in the use of this charge as the statistics show. 
Richard Worth 
: Why does the Government not get serious about organised crime and breaking up the criminal gangs rather than saying—as it has been since 31 July 2003—that it is still reviewing the Proceeds of Crime Act; when does dithering stop and action begin? 
Hon MARGARET WILSON 
: The Government has been considering this matter and it hopes a bill will be introduced by the middle of the year. This Government has a policy of consultation and not imposing its will on others without consultation. 
Ron Mark 
: Is it not the case that in November 1997 the New Zealand First - National coalition Government passed the Harassment and Criminal Associations Bill which significantly increased the powers of the police and the courts so that society could better deal with gangs and organised crime and is it further not the case that the only reason section 98A of the Crimes Act has not been enforced is that as indicated by the Minister’s own figures the police have no confidence in many of the trendy liberal-minded judges who are more concerned about civil liberties than they are about the safety of the public? 
Mr SPEAKER 
: Criticism of the judiciary is to be regarded very carefully but the first part of the question is certainly in order. 
Hon MARGARET WILSON 
: I understand there are a variety of reasons as to why in fact prosecutions do not lead to conviction and that frequently depends upon the nature of the trial and the types of offences that are brought. 
Marc Alexander 
: Does the Minister consider that 5 years is a sufficient maximum penalty for gang members when in one particular case a convicted offender received no sentence of imprisonment at all; if so what is the point of legislation when it provides such completely ineffectual results? 
Hon MARGARET WILSON 
: Under our system of criminal justice it is for the courts to hear the facts in the particular case and to determine it according to those circumstances not for Parliament to make a predetermination on the basis of facts unknown. 
Marc Alexander 
: Has the Minister considered any proposals to remedy the obvious failures of the current law dealing with gangs such as a tougher property confiscation regime that removes the profit incentive from gang-related criminal activity along the lines of the Western Australian model as proposed by United Future; if not why not? 
Hon MARGARET WILSON 
: We are aware of United Future’s support for the Western Australian scheme and that has been one of the proposals looked at. The bill will be introduced we hope by the middle of this year or certainly shortly thereafter.