Peters Winston: Questions for Oral Answer — Questions to Ministers 
Peters Winston: Questions for Oral Answer — Questions to Ministers 
[Volume:608;Page:5164] 
1. Rt Hon WINSTON PETERS (Leader—NZ First) 
 to the  
Minister of Justice 
: Does he consider that the changes introduced by the Government in 2001 with respect to sentencing and parole policy have achieved the Government’s objectives of a fair firm and rational sentencing framework that delivers clarity and consistency to sentencing and parole in New Zealand? 
Hon RICK BARKER (Associate Minister of Justice) 
 on behalf of the 
 Minister of Justice 
: Yes. The new Sentencing Act also paved the way for significantly longer sentences being imposed for the worst crimes. Judges have now imposed minimum non-parole periods of up to 33 years for the worst murders. That reflects the wishes of the majority of New Zealanders as expressed in the 1999 law and order referendum. As with any major piece of new legislation we continue to monitor its implementation to ensure that it is achieving its objectives. 
Rt Hon Winston Peters 
: If that is true why do I read that former lawyer Nigel Joseph Cook was sentenced 3 months ago but has never been locked up; is it the Government’s idea of a fair firm and rational sentencing policy to allow criminals to roam free or is it another failure by this Government which is doing nothing to rid New Zealanders of our crime-ridden ill-disciplined and violent society? 
Hon RICK BARKER 
: People who are eligible for home detention have to have committed low-level offences warranting a sentence of less than 2 years. Home detention is offered to them in those circumstances and there needs to be a period of time for their applications to be processed. They have to be seen as not a risk to the community and I would be very concerned if they were seen as such a risk. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. As my colleagues have remarked the Minister has obviously got the wrong page. I am asking why people sentenced to prison are out there roaming free and not incarcerated in any way shape or form. He is dealing with parole policy which I will get on to shortly. 
Mr SPEAKER 
: The Minister did address that question. 
Tim Barnett 
: Is the Minister satisfied that the Sentencing Act passed last year has made a difference in sentencing by the courts? 
Hon RICK BARKER 
: A key goal of the reform of sentencing legislation was to impose tougher penalties on those who committed the worst offences. In the recent William Bell and Bruce Howse cases the court has clearly shown that it has taken on board the intent of Parliament. It has also reflected the concerns of the public in this area imposing minimum non-parole periods of 33 and 28 years respectively. Those are very tough sentences. 
Richard Worth 
: In addition to the question asked by the Rt Hon Winston Peters why is it that the parole system is not working with offenders offending time and time again—William Duane Bell the Returned Services Association multiple murderer and Barry Allan Ryder the serial sex offender? 
Hon RICK BARKER 
: The parole system is working. The Parole Act has made significant changes but it will take some time to see the effects. We have gone to a single and professional Parole Board. The primary objective is to ensure that when people apply for parole they pose no undue risk to the community. This is a significant change from the previous law. 
Rt Hon Winston Peters 
: Why is it that though a judge might deem it fit for a person to be sent to prison his Government deems that he or she is able to roam free; and why is the home detention system fit for the following category of people all of whom have qualified in the last few months: sex offenders robbers and drug dealers; and what sort of policy is that when it comes to fighting crime? 
Hon RICK BARKER 
: People who are entitled to apply for home detention must have a sentence that warrants less than 2 years. Their offences must be low-level ones. I would be very concerned if people who are being given leave to apply for home detention did pose a significant risk to the community. 
Rt Hon Winston Peters 
: Can I take from that that it is the Government’s policy to have serious offenders sentenced to prison roaming free and unsupervised whilst they await their home detention applications; and is that a new master plan by his Government or a hidden agenda to hide the volume of offenders being imprisoned or simply a practical step to free up beds to make way for an avalanche of criminals now being put before our courts? 
Hon RICK BARKER 
: I repeat my advice to the House that it is not a policy for serious offenders. It is a policy for people who are not a serious risk to the community. I restate my view that if people being given leave to apply for home detention do pose a serious risk to the community I would be most concerned because that was not the intention. 
Rt Hon Winston Peters 
: Is rape or drug dealing not a serious offence; if so and if that sort of person is roaming free despite being given a prison sentence by a judge is it not so that the Minister’s Government is plain soft on crime? 
Hon RICK BARKER 
: That member’s question implies that a person convicted of rape is being given home detention. If that is the case I would like to know about it. 
Ron Mark 
: In view of the Minister’s request I seek leave to table documents that show that people who have been convicted of such crimes as rape sexual offences and threatening a child with a firearm are on home detention under his Government. 
Document by leave laid on the Table of the House.