Kanongata'a-Suisuiki AnahilaDISTRICT COURT (PROTECTION OF JUDGMENT DEBTORS WITH DISABILITIES) AMENDMENT BILLFirst ReadingANAHILA KANONGATA'A-SUISUIKI (Labour): I move That the District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill be now read a first time. I nominate the Justice Committee to consider the bill.I am heartened to be the sponsor of this bill before the House. I thank Mr Soane Foliaki of the community law centre in South Auckland for this opportunity to address a gap in the law. It's a privilege to be a member of Parliament and in doing so bring the voice of the community to this House. Today it is the voice of the disabled through the collaboration with the Community Law Centre in Papakura.This bill protects those with disabilities. The bill prohibits the seizure of goods of a judgment debtor with a disability where the item proposed to be seized is necessary for the judgment debtor's care support or independence. At present the principal law requires good judgment to be exercised by the bailiffs to act fairly and reasonably. The principal Act does not prohibit the bailiffs seizing property that enables independence of tetraplegics such as their modified mobility vehicles.About five years ago 'Epalahame 'Una Tanginoa a New Zealander with a disability a tetraplegic who was a judgment debtor had his modified mobility vehicle seized by a bailiff to be sold at an auction to satisfy a debt which was a quarter of the value for the vehicle. The bailiff had initially locked the wheels of the vehicle to enforce payment of the debt. The judgment debtor could not afford to pay the debt and despite the protest from the judgment debtor's community lawyer the vehicle was transported to Turners auction for sale. During this time the judgment debtor was no longer able to attend his doctor's appointment as he could not afford the taxi fare. He became very ill and ended up being taken to hospital by an ambulance and admitted into the intensive care unit at Auckland hospital. For a period he was in a precarious situation and he was most fortunate to survive his ordeal. His lawyer Mr Foliaki had managed to bring the matter before the court and the court directed the return of the vehicle to the home of 'Epalahame 'Una Tanginoa.Section 167(2) of the District Court Act 2016 the principal Act states By the warrant the bailiff or constable is authorised to seize—(a) the goods of the judgment debtor except—(i) his or her tools of trade to a value not exceeding $5000; and (ii) his or her necessary household furniture and effects including clothing for the judgment debtor and his or her family to a value not exceeding $10000; and (b) money bank notes and securities (that is bills of exchange promissory notes bonds specialties or other securities for money)." There was an international incident where a German pedigree pup seized by authorities for unpaid tax was sold on eBay. It was reported that in Germany officials initially wanted to seize the wheelchair but ended up taking a dog. In other words the tools of trade of a carpenter a plumber a motor mechanic are protected under the principal Act as life necessities. However the modified vehicle of a tetraplegic or a disabled person and his or her very expensive high-tech wheelchair are not protected under the principal Act.It is an injustice that the State is empowered to seize the necessities to the life of person who has a disability such as a modified vehicle or even a high-tech wheelchair that provides for daily transport needs. As his lawyer Mr Foliaki argued in this case the modified vehicle was an extension of the legs of 'Una. The wheelchair the modified vehicle enabled the tetraplegic freedom of movement and independence to attend important appointments especially with his doctors. The proposed amendments will ensure the protection of disabled persons such as tetraplegics from seizure of his or her property that is necessary for his or her care support and independence. This would promote inclusion and participation in society.Section 21 of the New Zealand Bill of Rights Act 1990 did not provide sufficient protection to protect 'Epalahame 'Una Tanginoa; nor did the United Nations Convention on the Rights of Persons with Disabilities help him. I want to acknowledge Angela Desmarais who is the kaituitui from Disabled Persons Assembly New Zealand Inc. for her support in sharing her insights and widening my world view of the disability community. She stated that a disability is not a sickness; it's a disability. Also to Mike Potter and Colleen Brown of Disability Connect who informed me of the views of parents—a TV to us is just a TV but it's a tool to parents of certain disabled children.Lastly I acknowledge the Disability Rights Commissioner Paula Tesoriero. They wanted to include the Treaty of Waitangi and for this bill to consider using the United Nations conventions on the rights of disabled persons' definition of disability as this defines and includes the wider disability community. The definition used in this bill is that of the Human Rights Act. This is something the select committee may address.I would like this opportunity to thank the members of this House through my journey of talking about this bill in the last two very busy weeks of this year. I want to take this opportunity to thank Jan Logie for her support. When I asked her for a time to meet without hesitation she said "I support this bill. The Green Party will support it." I want to thank the Hon Simon Bridges. Despite all the fears of what I've read about the Hon Simon Bridges it was actually a very pleasant conversation and a one-on-one down-to-earth conversation with a member. I want to acknowledge him for his support. Prior to that it was the Hon Mark Mitchell. I want to acknowledge him too for accepting my request. I want to address this because often in this House we call each other the Opposition the Government the supporting partners but when we're going for a member's bill you're wanting everybody to support your bill. So it is my intention to thank everybody that I spoke with. And of course I want to thank Darroch Ball who said to me that it's common sense for his support of this bill. In those respectful conducts I want to acknowledge everyone that I've spoken to especially my caucus who approved this to go into the ballot.In conclusion I want to thank Community Law South Auckland Mr Soane Foliaki and of course they've opened a community law Centre in Papakura. I want to thank 'Epalahame 'Una Tanginoa. This is your bill. This is your story and I know that he has stated to Newshub that he does not want any other person to go through this. I want to thank all the members for their support.Mahatma Gandhi once stated that the true measure of any society can be found in how they treat its most vulnerable members. Today I'm seeking every member of this House to support our most vulnerable members. I eagerly anticipate the support of the House for this bill and I commend this bill to the House. Mālō 'aupito."