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Brooking RachelRACHEL BROOKING (Labour): 谢谢 Madam Speaker and talofa. I'm very pleased to be speaking on this Fisheries Amendment Bill a bill that's trying to incentivise the change of fishing behaviour to target fish rather than have them being discarded. As the previous speaker Mark Cameron was talking about one of the ways of doing that is this graduated offences and penalties regime and I want to spend a moment talking about that. At the moment under the current Act penalties are very high and so it seems unfair to prosecute those low-level offences and so there's been an aim to have proportionate offences for more effective and frequent enforcement.What happens at clause 20 of the bill which amends the penalties section at section 252 of the Act is this then refers back to section 72—that's amended by clause 13 of this bill. What the Primary Production Committee has done at that clause 13 is separate out the 50 or fewer" and the "more than 50" offences that the previous speaker referred to.Clause 20 the penalties section has three important different parts: one at new subsection (3A) is that where there are two or more offences within three years then that $250000 maximum fine applies for your second offence; at new subsection (5A) that 50 or fewer can result in a $10000 maximum offence; and then in the middle at new section 252(5)(ba) is that more than 50 can result in the $100000 which is in the current Act. So that's how this this graduated offences and penalties plays out within the bill and I commend it to the House."
Roberts AngelaANGELA ROBERTS (Labour): Mōrena. It is a pleasure to rise and take a call on the Fisheries Amendment Bill. It's been a long process through select committee and as we've seen in recent times a really great one because at select committee we get the experts in and they've really helped us grapple with some incredibly complex issues that are seen in very very different ways by a huge range of stakeholders who will want the best for our moana and our kai moana but have different ideas about how we approach that.This bill is a result of realising that we need to take the opportunity to upgrade our arrangements our quota management system and our fisheries management system. These came about more than a generation ago when we didn't have the knowledge the data the technology and the ability to really judge and assess what is going on under the ocean and to be able to modernise that is a really great opportunity. And of course the other side of that is as we're leaning into the world environment the global market we want to be able to hold our heads up high honestly and say that we have a sustainable fishery and to lead by example. That isn't just about delivering fish that is sustainably caught but teaching the rest of the world how we can do it. I think there's some wonderful intellectual property as well as cultural practice we can share as we lead the way it's exciting times.The cameras and the landing and discard rules this is about incentivising behaviour. This is about focusing the mind and making sure that every opportunity to improve technology and practice means that our fisheries are best protected. I want to thank all of those who turned up to select committee especially our fishers from Taranaki our inshore fishers. We heard about those fishers who are really struggling with their costs of production at the moment. I really appreciate and want to acknowledge the huge effort they've gone to over the years to really be proactive about taking up new technology and really testing out the opportunities that come with having cameras on boats and the additional data and knowledge that they will be able to contribute to the system. That will take years to implement because we do need to make sure that we learn how best to use this data. They engaged in good faith and we truly believe that this is a bill that is fit for purpose. I recommend it to the House.
Dean JacquiTUESDAY 27 SEPTEMBER 2022(continued on 28 September 2022)FISHERIES AMENDMENT BILLSecond ReadingDebate resumed.ASSISTANT SPEAKER (Hon Jacqui Dean): Mōrena.Hon Members: Mōrena.ASSISTANT SPEAKER (Hon Jacqui Dean): We're off to a cracking start—I'm loving this. When I left the Chair last evening the House was considering the second reading of the Fisheries Amendment Bill. I now call on from the National side Joseph Mooney.
Tuesday 27 September 2022 - Volume 763
VoteA party vote was called for on the question That the Criminal Activity Intervention Legislation Bill be now read a first time.Ayes 108New Zealand Labour 64; New Zealand National 33; ACT New Zealand 10; Sharma.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a first time.ASSISTANT SPEAKER (Hon Jacqui Dean): The question is That the Criminal Activity Intervention Legislation Bill be considered by the Justice Committee.Motion agreed to.Bill referred to the Justice Committee.
Criminal Activity Intervention Legislation Bill — First Reading
VoteA party vote was called for on the question That the Criminal Proceeds (Recovery) Amendment Bill be now read a first time.Ayes 108New Zealand Labour 64; New Zealand National 33 ACT New Zealand 10; Sharma.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a first time.DEPUTY SPEAKER: The question is That the Criminal Proceeds (Recovery) Amendment Bill be considered by the Justice Committee. Motion agreed to.Bill referred to the Justice Committee.
Criminal Proceeds (Recovery) Amendment Bill — First Reading
VoteA party vote was called for on the question That the Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Bill be reported to the House by 10 November 2022 and that the committee have authority to meet at any time while the House is sitting except during oral questions during any evening on a day in which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House and outside the Wellington area despite Standing Orders 193 195 and 196.Ayes 65New Zealand Labour 64; Sharma.Noes 53New Zealand National 33; Green Party of Aotearoa New Zealand 10; ACT New Zealand 10.Motion agreed to.
Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Bill — Instruction to Committee
VoteA party vote was called for on the question That the Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Bill be now read a first time.Ayes 108New Zealand Labour 64; New Zealand National 33; ACT New Zealand 10; Sharma.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a first time.ASSISTANT SPEAKER (Hon Jenny Salesa): The question is That the Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Bill be considered by the Primary Production Committee.Motion agreed to.Bill referred to the Primary Production Committee.
VoteA party vote was called for on the question That the Deposit Takers Bill be now read a first time.Ayes 110New Zealand Labour 64; New Zealand National 33; Green Party of Aotearoa New Zealand 10; Te Paati Māori 2; Sharma.Noes 10ACT New Zealand 10.Motion agreed to.Bill read a first time.ASSISTANT SPEAKER (Hon Jenny Salesa): The question is That the Deposit Takers Bill be considered by the Finance and Expenditure Committee.Motion agreed to.Bill referred to the Finance and Expenditure Committee.
Deposit Takers Bill — First Reading
VoteA party vote was called for on the question That the motion be agreed to.Ayes 75New Zealand Labour 64; Green Party of Aotearoa New Zealand 10; Sharma.Noes 43New Zealand National 33; ACT New Zealand 10.Motion agreed to.
11. Question No. 11—Education (School Operations)CAMILLA BELICH (Labour) to the Associate Minister of Education (School Operations)Question No. 11—Education (School Operations)11. CAMILLA BELICH (Labour) to the Associate Minister of Education (School Operations): What action is the Government taking to relieve teaching supply pressures in the primary and secondary schooling sectors?Hon JAN TINETTI (Associate Minister of Education) (School Operations): Last week I announced an investment to boost teaching supply through targeted recruitment packages. This investment boosts existing and proven programmes designed to rapidly fill projected gaps in the teaching workforce.Camilla Belich: Why was the investment needed?Hon JAN TINETTI: A combination of population growth changes COVID-19 and border openings has indicated future pressures on teaching supply. We're getting ahead and taking action now. We know that some students have missed crucial time in the classroom throughout the last 2½ years. That's why we've funded additional teaching and tutoring services. We need teachers to deliver these catch-up learning sessions.Camilla Belich: What initiatives have been further invested in to recruit international teachers?Hon JAN TINETTI: To boost overseas teacher supply we are extending two grants: the Overseas Relocation Grant and the Overseas Finders Fees. These grants compensate teachers and employers for the additional costs of emigrating or hiring abroad and make New Zealand more competitive with international counterparts. We're also streamlining processing times and fees are being waived for migrant teachers.Camilla Belich: What initiatives have been further invested in to encourage New Zealanders to enter the teaching profession?Hon JAN TINETTI: With over 27 years in the profession I can attest that teaching is a great job. Growing our domestic teaching workforce is critical for our kids' education so we've increased the number of Career Changer Scholarships funded an additional 100 places in school-embedded Initial Teacher Education and expanded the Beginning Teacher Vacancy Scheme.Camilla Belich: How many teachers are projected to be recruited due to these initiatives?Hon JAN TINETTI: By investing a further $24 million in these initiatives we plan to deliver close to a thousand additional teachers. We expect to recruit approximately 700 internationally and 300 domestically. While international teachers bring a wealth of cultural diversity and experience to our schools it's also important that we're building our pipeline of Kiwi teachers at the same time.
9. Question No. 9—TourismJAMIE STRANGE (Labour—Hamilton East) to the Minister of TourismQuestion No. 9—Tourism9. JAMIE STRANGE (Labour—Hamilton East) to the Minister of Tourism: 你好 Mr Speaker and 大家好 to members in the House. What reports has he seen on the tourism recovery?Hon STUART NASH (Minister of Tourism): 谢谢 Mr Speaker. On World Tourism Day I am happy to report for the first month since March 2020 the number of overseas arrivals exceeded 100000 in July with over 130000 overseas visitors arriving. I am very optimistic that our tourism recovery is now well under way and the outlook for tourism for the coming summer is promising.Jamie Strange: Has he seen any reports on increased airline capacity?Hon STUART NASH: Auckland Airport today announced that United Airlines and American Airlines will resume flights to Auckland in October adding nearly 14000 seats or around 20 percent seat capacity month on month between New Zealand and North America. Come November Auckland will have five airlines operating direct flights to eight destinations making it the most connected Australasian city to North America.Jamie Strange: What reports if any has he seen on Queenstown's tourism recovery?Hon STUART NASH: Beautiful Queenstown continues to lead the tourism recovery buoyed by a strong ski season with winter arrivals this year reaching at least 90 percent of the same period in 2019. I'm pleased that the Government has been able to provide $63.3 million on top of the wage subsidy and resurgence support payments to help tourism in the Queenstown region.Jamie Strange: How is the Government supporting the tourism sector?Hon STUART NASH: Along with providing significant support to the tourism sector to get through the pandemic we are now helping the sector recover through a $54 million innovation programme and the draft Tourism Industry Transformation Plan which will transform the tourism sector and strengthen its workforce.Jamie Strange: What feedback has he seen on New Zealand's tourism recovery?Hon STUART NASH: I note Greg Foran Air New Zealand CEO—just back from Air New Zealand's new non-stop Auckland to New York service—said he had never been more optimistic about the future. And I quote We're seeing optimism in travel return not just in bookings but in the joy of getting out to experience the world." I certainly share Mr Foran's optimism; we all should."
5. Question No. 5—EducationMARJA LUBECK (Labour) to the Minister of EducationQuestion No. 5—Education5. MARJA LUBECK (Labour) to the Minister of Education: 谢谢 and talofa Mr Speaker. What action is the Government taking to target resources more effectively towards schools with greater educational challenges?Hon CHRIS HIPKINS (Minister of Education): The Government's delivering on its promise to introduce a new way of funding schools through an equity index making sure that the right support is going to the schools and the students who need it the most. Last week we released school funding for next year and nearly 90 percent of schools will see an increase in their funding as we shift away from the old decile funding system.Marja Lubeck: How will this change in funding benefit the parts of the country that need it most?Hon CHRIS HIPKINS: Schools and kura in Te Tai Tokerau have the biggest average increase of around $223 per pupil while schools in areas like South Auckland will also receive a significant average increase of around $70 per pupil. This change in the way we allocate school funding means that those schools that have the highest concentrations of disadvantaged students will get the biggest increases in funding.Marja Lubeck: Will any schools in 2023 be worse off as a result of these changes?Hon CHRIS HIPKINS: No. We are putting in place transitional funding that means that no school will receive a reduction in their per-pupil equity and isolation funding due to these changes. In future years any reduction is capped at a maximum of 5 percent of their total 2022 operational funding.Marja Lubeck: Will the introduction of the equity index also increase access to other Government programmes?Hon CHRIS HIPKINS: Yes. Around 155 schools will now be able to access additional support through the extra cash instead of school donations scheme as a result of the introduction of the equity index. If those schools and kura decide to join the scheme the family and whānau of around 47000 extra young people will no longer be asked for donations.Marja Lubeck: Is eligibility to any other Government programme also increased?Hon CHRIS HIPKINS: Yes. The changes will also see a further 24 schools and kura join the Free and Healthy School Lunches Programme. That means that around another 3000 children will be eligible to receive a free healthy lunch at school. This is another example of how the Government is levelling the playing field so that all kids get a fair shot at education.
2. Question No. 2—FinanceBARBARA EDMONDS (Labour—Mana) to the Minister of FinanceQuestion No. 2—Finance2. BARBARA EDMONDS (Labour—Mana) to the Minister of Finance: 谢谢 and Talofa Mr Speaker. What recent reports has he seen on the New Zealand economy?Hon GRANT ROBERTSON (Minister of Finance): Activity in the manufacturing sector is expanding at a faster pace in the last month. The BNZ-Business New Zealand Performance of Manufacturing Index rose to 54.9 in August—its highest level of activity in over a year and above the long-term average of 53.1. BNZ's economists said the result suggested an improving tone around underlying growth.Barbara Edmonds: What does the report say about the drivers of growth in manufacturing? Hon GRANT ROBERTSON: The pick-up was led by new orders at 59.2 the highest level in this area since July 2021 while production at 54.6 was at its highest point for 2022 and employment expanded to 53.6. Barbara Edmonds: How does this level of activity compare globally? Hon GRANT ROBERTSON: Internationally expansion in manufacturing slowed in August to 50.3 from 51.1 so New Zealand's expansion at 54.9 compares well. It compares with 51.1 in the US and Japan while manufacturing actually contracted in August in the UK China the EU and Australia. It is tough times for many people out there but there's every reason to be optimistic about the New Zealand economy. Barbara Edmonds: What enactions has he seen of activity in other sectors and its impact on the economy?Hon GRANT ROBERTSON: Activity in the services sector has also picked up pace. The BNZ-Business New Zealand Performance of Services Index rose to 58.6 in August and above the long-term average of 53.6 with significant growth in sales and new orders. Combining the activity levels for services and manufacturing sectors the composite suggests annual GDP growth of up to 5 percent in the September quarter. On that basis BNZ's economists have upgraded their forecast for GDP in the September and December quarters. Again every reason to be optimistic about the New Zealand economy going into summer. Barbara Edmonds: What other reports has he seen on the international context for the New Zealand economy? Hon GRANT ROBERTSON: The OECD's latest interim economic outlook has revised downwards its forecast for global growth due to Russia's invasion of Ukraine. It now expects global growth to slow to 2.2 percent in 2023 from a forecast in June of 2.8 percent. Inflation is expected to ease but will remain at high levels for longer. Our economic plan is working for New Zealanders to make sure that we are well placed to respond to the volatile and uncertain global environment. Unemployment is near record low levels exports are rising the economy is bigger than before the pandemic and our debt levels are among the lowest in the world. There's every reason—Christopher Luxon: They don't feel it though eh?Hon GRANT ROBERTSON: —to be optimistic about the New Zealand economy Mr Luxon.
Mahuta NanaiaInstruction to Justice CommitteeHon NANAIA MAHUTA (Minister of Foreign Affairs): on behalf of the Minister of Justice: I move That the Criminal Activity Intervention Legislation Bill be reported to the House by 9 February 2023.Motion agreed to.
Leavasa Anae NeruDr ANAE NERU LEAVASA (Labour—Takanini): 谢谢 and talofa Madam Speaker. Thank you for the opportunity to rise as the last speaker for the Criminal Activity Intervention Legislation Bill first reading. I stand in support of this bill as this will assist our police in the work that they do. I first want to acknowledge the hard work that they and their teams do in our community. I have three area commanders in my electorate the northern part covered by an incredible inspector Scott Gemmell; the central part by Inspector Joe Hunter; and also my southern part from Inspector Joe Hunter. It's always a good thing when we do have meetings with the different area commanders in my area and the neighbourhood policing team to discuss matters and targeted areas where some of these criminals are doing their activity. I know some of these tools would definitely help them in the work that they do.These are targeted measures. We've all heard about the five measures in place and I just want to highlight three that will do incredible work in my area. One of them is the motorbikes and vehicles and impounding cars because we see a lot of these conveys we see a lot of these young folk who jump on motorbikes and do crazy things down the road on Great South Road. It is not good not only for themselves but also for other drivers on the road. So community safety is paramount. One of the other things is discharging the gun and doing drive-bys in our area. It is absolutely horrendous. It is no good for our community and not only for that but for the targeted houses that they do: the neighbours get sprung with all these bullets. It's a good thing that we can put this new offence there up to five years in prison and I hope that we can use that a lot more.Also I see on social media a lot of these gang members splashing their cash making it rain on TikTok and I think the police intelligence could use some of that social media to make sure that they're targeting those gang members using these social media platforms.All of these measures are intended to make sure our community and our whānau are well looked after and I commend this bill to the House. Fa'afetai lava.
Prime Willow-JeanWILLOW-JEAN PRIME (Labour—Northland): Kia ora Madam Speaker. This will just be a brief call. I spoke on the previous bill the Criminal Proceeds (Recovery) Amendment Bill in which I've heard tonight there's a connection between the two pieces of legislation and as I said in my introductory comments to the previous bill they apply to this one also. This was one of our manifesto commitments in 2020: that we would do a range of things to ensure that our communities are safer. I'm proud of the work that we've done to increase our front-line police officers and to extend things like to Te Pae Oranga the iwi community liaison panels which we have in our communities but also the recent announcements about the Better Pathways Package that aims to place more young people in education training or work to drive down youth crime. When I think about this one I do come with experience unfortunately from my electorate where I have seen the type of behaviour that this bill is proposing to address. I have seen the convoys. I have seen people being prospected with new Harley-Davidsons. So I do think that by the introduction of this range of measures I hope—I am more optimistic than the previous speaker from the Opposition—that it will start to drive some changes because we will be hitting them where it hurts the most and that is the profits in their pockets and with the tools that they use to recruit.I do want to note one interesting thing about the bill and that is it will also apply to non-gang members. The majority of these proposals will apply to non-gang members as well although the new search warrant powers will only allow police to search the property of members of a gang which is actively involved in conflict or those who are not gang members but who are actively encouraging and assisting the conflict. I have heard recently that unfortunately there are people in our community who are licensed gun holders who are supplying gangs—you know they obtain them legitimately but what they are then doing with them is really concerning. So it is intended that the tools that the police are given in this legislation will extend to those people if they are caught in that act because they can be feeding those tensions which we are seeing. So the introduction of new search warrant powers; the ability to do more when we've got gang shootings; as I mentioned before the gang convoys where we often see high-risk driving and illegal behaviour; and the prohibition of cash transactions over $10000 for specific goods which I can see quite clearly would be things like the motorcycles but also we've got the suspicious cash there. So I don't intend to take any further time. I look forward as a member of the Justice Committee to receiving this bill and to hearing submissions on it. I commend the bill to the House.
Utikere TangiTANGI UTIKERE (Labour—Palmerston North): 大家好 talofa. I want to make a brief contribution in support of this bill this evening because it is about having more tools available in the toolkit for our police and others out in the community and as others have already said this evening this bill is in tandem with the previous legislation that passed its first reading this evening.The bill itself does create new offences but it also creates some new enforcement powers and opportunities available to the police. It hits gangs and organised crime where it matters most in terms of profits along the way. In terms of those new enforcement powers they exist for a range of different pieces of legislation. One of which when I look through the list of Acts that the bill will change in some way is the Search and Surveillance Act of 2012. Now this is a piece of legislation that I am very familiar with because prior to entering Parliament for more than five years I was authorised by the Attorney-General as an issuing officer under that Act to consider applications for search warrants and production orders and to issue those warrants or orders with conditions time frames—such as that contained in this bill—for the execution of those warrants and those orders if appropriate. Now some of the powers that are proposed to be exercised in this bill will be exercised once a warrant has been issued. What's interesting to note for members is that the reasonable grounds for suspicion are still required when considering whether the application should be granted so in my view this is a balance between the police having those tools but also respecting the democratic process that citizens also have to ensure that that statutory threshold continues to be met. It's something that the select committee will no doubt consider as part of this process. I commend this bill to the House.
Henderson Emily; Dean JacquiDr EMILY HENDERSON (Labour—Whangārei): 谢谢 Madam Speaker. As I rise to speak briefly in support of this bill I would just note that it is a piece of a puzzle. As my colleagues have already discussed it is the sister bill—and don't you enjoy the feminisation of the language as we go into the week after the 129th anniversary of women's suffrage? This is the sister bill to the previous one we discussed which was the Criminal Proceeds (Recovery) Amendment Bill. Now it's been suggested that this is knee-jerk legislation rather than part of a fairly carefully worked-through scheme. I would refer the House to the full range of responses that we are putting forward to the long-standing problem of gang violence in New Zealand violence that has its roots right back throughout my lifetime and even earlier—right back when the dinosaurs roamed the earth!The Criminal Proceeds (Recovery) Amendment Bill which we've already discussed sets up this civil regime and closes some loopholes in the tracing of the proceeds of crime. This bill is different. It does close some loopholes but—quickly—it sets out a new targeted warrant and additional search powers to get weapons from gang members during a gang conflict. This is a time of heightened tension between gangs when violence and public disorder become more likely. We then expand the range of offences when we can seize and impound cars and motorbikes particularly when they're being used in gang displays of intimidatory driving if I can put it that way. We also have closed the loophole on discharging a weapon with the intent to intimidate. At the moment the only bit you've got of that legislation is discharging a weapon with the intent to intimidate people in a house. Now we've widened that and that is a useful thing to do—and it's a five-year sentence like the other one.Finally we have—and this does relate straight back to the previous bill—enabled the police to seize cash over $10000 found in suspicious circumstances. And when we say cash we also have included valuables jewellery watches precious metals gold bars—I'm beginning to sound like an Indiana Jones movie—as well as the motor vehicles and the boats which have been added to the list of high-value goods prohibited for sale.Now these are matters—true—where we need to take care. It is absolutely necessary to protect human rights and to restrict unreasonable searches and I look forward to giving that our full attention in the Justice Committee. I commend this bill to the House.ASSISTANT SPEAKER (Hon Jacqui Dean): Simon O'Connor five minutes.
Walters VanushiVANUSHI WALTERS (Labour—Upper Harbour): 大家好。你好 Madam Speaker. I was one of the members who spent a portion of this evening talking about the National Party's record—or perhaps better put lack of record—in terms of addressing community safety in this space. Perhaps what's more concerning is the way in which the National Party addresses this important area for New Zealand. They react; we respond. We understand that to respond you both need to give robust tools to the Police as well as better pathways to young people: keeping them in school; keeping them in education; putting wraparound services around them when they need it including counsellors; and keeping them fed at school as well. It's a pleasure to take a call in relation to this bill tonight which in many ways is the sister bill of the Criminal Proceeds (Recovery) Amendment Bill that we also passed through first reading this evening. The two bills do sit together and they show this Government's strong commitment to addressing organised criminal activity.I do want to acknowledge comments made by the Green Party member Golriz Ghahraman in relation to the previous bill the Criminal Proceeds (Recovery) Amendment Bill and other members who spoke of us needing to be cautious as we head into select committee to assess the bill of rights issues that are relevant here. Of course whenever we are creating new search powers as this bill is doing we need to consider the implications of section 21 of the New Zealand Bill of Rights Act which guarantees the right to be secure against unreasonable search or seizure". The touchstone that sits behind that right is the reasonable expectation of privacy against intrusion by the State. So we need to ensure that when there is greater intrusion there will be greater justification. At the moment we are seeing significant public justification and significant compelling public-interest arguments on the basis of being able to investigate offending the need to recover tainted property and the ability to protect community safety. But we do need to carefully consider these factors as we head into select committee which I do look forward to doing. I commend this bill to the House."
Allan KiritapuInstruction to Justice CommitteeHon KIRITAPU ALLAN (Minister of Justice): I move That the Criminal Proceeds (Recovery) Amendment Bill be reported back to the House by 9 February 2023.Motion agreed to.
Belich CamillaCAMILLA BELICH (Labour): Thank you Mr Speaker. Well you wouldn't think that the National Party agrees with this bill would you from listening to the other speakers? I mean I think we should just really look again at what this bill actually does because we've heard from the other side on numerous occasions that we need to take action on crime and criminal activity and this is exactly what this bill does. And on the point of the definition of associate" and just to note I think I've counted up at least seven current or former lawyers on this side of the House looking at this bill. Yes it is correct that the definition of "associate" is in new section 5A inserted by clause 5 but 5A has three subsections—oh more than that sorry. It has five subsections. In subsection (3)—Simon O'Connor: Do these subsections associate with the prior subsections about associates?CAMILLA BELICH: The bill works together and if you want to understand the meaning of "associate" you need to look at what a "significant criminal activity" is which features in new section 5A(3). And if you look then to clause 6 you will see "Meaning of significant criminal activity" and you'll see that there is a requirement a threshold amount of $30000. So yes it is possible that there might be a scenario where there might be a professional person as has been indicated by some on the other side that may be covered by this if they were associated with wrongdoing and receiving property of this threshold amount. So hopefully that clarifies the associate points for the people very interested in statutory interpretation on the other side of the House and those tuning in today.I think this is a really good bill. It looks at how we can better equip our law enforcement agencies to be able to make sure that those committing crimes and those in possession of the proceeds of crimes can be followed up and can make sure that they are unable to keep undertaking these activities which are enriching people who are undertaking often illegal activities or are associated with illegal activities. So I commend this bill to the House."
Webb DuncanDr DUNCAN WEBB (Labour—Christchurch Central): Thank you—Hon Mark Mitchell: Oh here we go.Dr DUNCAN WEBB: —Mr Speaker. Thank you for that Mr Mitchell. Here we do go indeed. I'm perplexed as to why Mr Mitchell was wondering what the difference between an associate" and an "acquaintance" was and then I worked it out. Let me just mention it: first of all in fact "gang associate" is defined in the Privacy (Information Sharing Agreement between New Zealand Gang Intelligence Centre Agencies) Order 2018—have a read of that if you want. It's defined quite well as a person who assists in a gang member's enterprise. But indeed if Mr Mitchell you were associated with something you'd know it intimately you'd work with it and you'd understand it. So there's no suggestion that he's associated with this bill because goodness' sake he can't even speak to it. If he was acquainted with the bill it might be some passing knowledge knowledge of a mere outline he'd be able to mention a few salient facts. But he's not acquainted with the bill either. He is a total stranger to the bill and largely a stranger to the law. But it is a good bill. It's going to make a real change in enforcement here. I commend it to the House.Hon MARK MITCHELL (National—Whangaparāoa): I raise a point of order Mr Speaker. I'm flattered that the member wants to spend his whole time talking about me but we have asked him to speak and explain to the House what an "associate" is in the bill.DEPUTY SPEAKER: As I heard come from that side of the House "That will be a job for the Speaker to decide" and he didn't get to six minutes before he mentioned the bill Mr Mitchell. "People in glass houses" is the reminder."
Prime Willow-JeanWILLOW-JEAN PRIME (Labour—Northland): 谢谢 Mr Speaker. Can I first start my contribution by acknowledging the Minister of Justice the Hon Kiritapu Allan for bringing this bill into the House this evening. In 2020 we campaigned on working harder and smarter to keep our communities safer break the cycle of offending and tackle the root causes of crime and across a range of areas that is exactly what we are doing. I'm really proud that we have increased the number of front-line police officers and that we have expanded Te Pae Oranga. I look forward to my region being the first region which will be completely covered by Te Pae Oranga panels in our community which are doing a fantastic job in diverting crime and ensuring that people don't reoffend. I'm also proud to have been a member of the Justice Committee. We have been working hard on legislation to protect our communities and to put more tools with our police and front-line staff to be able to ensure that we are protecting our communities and keeping them safer. I do want to mention how effective Operation Tauwhiro has been in my area with the huge amount of methamphetamine cash and guns that have been uplifted in that process and I want to commend our police for the work that they are doing. But this is another piece of legislation to give our front-line officers more tools to be able to target those whom we are most concerned about and they are the ringleaders of organised crime. That's what we said we would go hard on in our manifesto and we are. We are giving the police new powers to target the associates of organised criminal groups. There has been a bit of discussion tonight about—and in questions over the last few weeks—the sum that we have landed on and I'd just note that the $30000 threshold which has been set by Cabinet is based on consistency with existing thresholds in legislation. The advice we have received is that it is New Zealand Bill of Rights Act - compliant but we do know that the police—for operational reasons—and others may have a different view. As a member of the Justice Committee we are actively seeking to hear those expressions and views through the select committee process and we are approaching it with an open mind about the threshold and so I look forward to receiving submissions on this bill. I commend the bill to the House.
Henderson Emily; O'Connor GregDr EMILY HENDERSON (Labour—Whangārei): 谢谢 Mr Speaker. As I rise to support this bill I've been listening to my colleagues across the divide and I was very taken by Mr Mitchell's concerns about the timeliness of our actions in this and also with his quite remarkable assertion—as an ex-prosecutor myself—that carjacking is a new crime in New Zealand. So I was thinking about these matters carjacking and this bill and the timeliness thereof. So I did a little bit of googling and oh my goodness I came across this headline: Carjacking on the Rise in New Zealand" the Sensible Sentencing Trust was in up in arms. The problem however is this particular moment is from 2014. It refers to a woman and child carjacked by armed men. And 13 August 2013: "Carjackings" January—wait for it—2010. The Opposition had nine years to do this. There was a problem. They did nothing. We're doing it.This is the problem when you don't actually bother to read the bill and discover that there is in fact a definition of "associates" if you get past the first page. Also it is a problem if you don't bother to go past the first page of Google it is that classic issue—you have to scroll down. As they say the best way to hide anything is to make it item 11 on Google. This is not the be all and end all; it is one piece of a large puzzle that we as Government are putting together thoughtfully and carefully. The Criminal Proceeds (Recovery) Amendment Bill is going to give us a better civil regime for the recovery of criminal profits. That in itself is a worthy aim. I look forward as a member of the Justice Committee to investigating the many issues to make sure that we get it right for the law for the courts for New Zealand. I commend this bill to the House.DEPUTY SPEAKER: This is a split call. The Hon Judith Collins."
Walters VanushiVANUSHI WALTERS (Labour—Upper Harbour): 大家好 and 你好 Mr Speaker. My goodness. They talk a big game about law and order on that side of the House when in Opposition but when they're in Government they fail to deliver. They couldn't deliver a firearms prohibition order scheme in nine years despite multiple attempts and we did. This is a Government committed to putting the most police on the streets to ensure community safety. This is a Government committed to addressing organised crime. It is a priority for us and tonight we introduced two bills in the House to do that. We're taking significant steps through this bill to provide police with the powers they need and the additional tools to seize the illicit assets of organised crime. We know that organised criminal groups are attempting to structure their affairs to avoid restraint and forfeiture of tainted property under existing section 24 of the legislation. So we know that additional powers are needed here and we have stretched into a very new space by extending those powers to associated people. It is a hugely significant step and actually it's quite an invasive technique which shows the seriousness with which we're taking this issue. Our law does require us to put parameters of reasonableness around those powers as well. Mr Goldsmith referenced the New Zealand Bill of Rights Act. He then failed to step through the tests that you are required to do when you're making legal changes like this. If there's an incursion into a right you need a justification for it. Hon Mark Mitchell: Who's an associate"?VANUSHI WALTERS: The greater the incursion the greater the justification you need which is why there's a difference of treatment between gang members—Hon Mark Mitchell: No answer. VANUSHI WALTERS: —and associates. You asked about the definition. The definition is in new section 5A inserted by clause 5 of the bill but that is entirely why we are going to select committee so that we can examine that definition again Mr Mitchell. It's new section 5A if you'd like to go and read that and I very much look forward to engaging with you as well as all the submitters who will be coming to select committee. I commend this bill to the House."
Roberts Angela; Dean JacquiANGELA ROBERTS (Labour): It is my honour to take the last call on this amazing process—a very short one; that in no way reflects on how important the mahi of the last 18 months has been. I just need to acknowledge a group of people who we haven't acknowledged at this stage and that is our officials from the Ministry of Business Innovation and Employment and ACC. It wasn't even on their work plan and when this issue was raised they stepped up they were nimble they were responsive and within 18 months—it sounds like a long time—they've managed to get us here today. They didn't do it alone. Many have acknowledged the expertise that we were lucky to have at the select committee the Education and Workforce Committee with Sarah Pallett the leadership and courage of our Minister the Hon Carmel Sepuloni and our colleagues across the House who sat in on the select committee and really took this challenge on and made sure we ended up in a pretty good place. I just want to acknowledge that select committee process for a moment and the magic is that we have the expertise that comes to the select committee—not just the professionals but those women who shared their stories—and that is why I am very pleased and honoured to commend this bill to the House.Motion agreed to.Bill read a third time.ASSISTANT SPEAKER (Hon Jacqui Dean): Talk about brinkmanship members. Well done. The time has come for me to leave the Chair for the dinner break. The House will resume at 7 p.m. and congratulations Minister Sepuloni.Sitting suspended from 6 p.m. to 7 p.m.
Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Bill — Third Reading
Luxton JoJO LUXTON (Labour—Rangitata): Thank you Madam Speaker. It's a pleasure to take a call on this what is quite a technical piece of legislation. Before I begin my contribution I would like to acknowledge the Minister who has brought this piece of legislation to the House the Hon Carmel Sepuloni the Labour wāhine caucus who worked with her prior to it coming in to the House but mostly I want to acknowledge the nearly 800 woman or people that submitted on this piece of legislation. We heard from Jan Logie about some who had some pretty horrific stories to tell us and they opened up as we've heard basically to strangers to the select committee to the public because a lot of it was live streamed etc. So that's a pretty big deal for people to do that and open up knowing that they were not likely to be covered from this piece of legislation because it is not retrospective but they wanted to do their bit to ensure that going forward women would be able to be covered should something happen during their birthing experience.What we heard a lot of is that—and we've heard people talk about this before—often men make claims to ACC and they have a lot more coverage than what women have previously and for sometimes similar issues beyond the incident that happened. I mean for example we heard from one submitter whose husband had been out socialising at night and happened to have a slip at the end of his socialising and he caused himself to have a strain and yet when she had a similar injury through childbirth she was not covered. So that's been where the system has been quite quite unfair.What we also heard in the select committee is that around 85 percent of women suffer from an injury during their birthing experience. That is a heck of a lot of people. We've also heard from—as part of the submitters and submissions that we heard there were some changes made to the piece of legislation and one of those changes was that additional injuries were going to be added to it to ensure that actually all childbirth injuries will be covered.So I'm really proud of this piece of legislation. There are other parts to this bill but the part I wanted to focus on was around the maternal birth injury. So I'm very proud to commend this bill to the House.
Edmonds BarbaraBARBARA EDMONDS (Labour—Mana): Thank you Madam Speaker. I'm incredibly grateful to be able to take a call on the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Bill.I'm incredibly grateful to our Minister the Hon Carmel Sepuloni for her fortitude and ability to act. When the issue was raised with her she acted and as a member of a proud Labour wāhine caucus I'm incredibly grateful to our sister and Minister for her kindness and am grateful for all the 28000 birthing parents who will be covered by this bill. I don't have any experience on the select committee any personal experience but throughout this debate I've listened to the numerous members and so I am incredibly grateful to the Education and Workforce Committee members for the work that they did on this bill. I'm incredibly grateful for Sarah Pallett for her experience. She is one of our strongest wāhine members who is constantly driving for wāhine measures and as a midwife herself she knows exactly what she was talking about. So I'm grateful to Sarah Pallett for her work. What I can speak to is my personal experience. Having eight children within a period of nine years I've got a bit of experience! So if you put them back to back apparently I would have been pregnant for a period of six years. But nevertheless I was also very grateful to the medical help I had at the time that I never experienced an injury. I know that for a lot of women and for parents it is such a vulnerable time having a child it is such a traumatic time and it can also be a quite beautiful time. So on that note I'd like to again thank the Minister thank the members and thank our Labour wāhine caucus for making sure that for 28000 parents when this bill has commenced they now have an opportunity to be able to recover with the integrity and the respect that they deserve under this bill.
Pallett Sarah; Dean JacquiSARAH PALLETT (Labour—Ilam): Thank you so much Madam Speaker. I am so proud to be standing here this afternoon as part of a Labour Government that has brought this bill to the House. I can attest to the fact that as chair of the wāhine caucus—Labour's women's caucus—I am so proud of our Minister Carmel Sepuloni for bringing this to the House.This bill will benefit as we've heard 28000 birthing people. That's 76 a day who will benefit from this piece of legislation. And I have to say the vast majority of those will be women but we must remember in this conversation that non binary transgender and other gender diverse folk also give birth and it's really important that we continue to acknowledge that in this House. I was struck listening to the heartbreaking stories that have been shared—some of them this afternoon in select committee—that actually many of them should have been covered as treatment injuries. So I can really appreciate that the intention of this bill is that all physical birthing injuries are covered. It takes away any ambiguity it takes away any capacity for argument and it allows those birthing people those women to receive the care that they need at the time that they need it without delay.So I am incredibly proud to be bringing this to the House in its third reading with my colleagues. I can only imagine the benefits that it will bring. I'd also like to thank all of the select committee which I am not a part of for their incredible work in making sure that this bill did do exactly what was intended to do: to cover all physical birthing injuries. I just want to thank everybody that has been involved. I commend it to the House.ASSISTANT SPEAKER (Hon Jacqui Dean): Harete Hipango—five minutes.