Finlayson Christopher: Crimes Amendment Bill (No 2) — First Reading 
Finlayson Christopher: Crimes Amendment Bill (No 2) — First Reading 
[Volume:672;Page:18316] 
Hon CHRISTOPHER FINLAYSON (Acting Minister of Justice) 
: 
 I move  
That the Crimes Amendment Bill (No 2) be now read a first time. 
Hon Clayton Cosgrove 
: Where is he? 
Hon CHRISTOPHER FINLAYSON 
: He is in Australia. At the appropriate time I intend to move that the Crimes Amendment Bill (No 2) be referred to the Social Services Committee for consideration that the committee report finally to the House on or before 18 August 2011 and that the committee have authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on 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 despite Standing Orders 187 and 190(1)(b) and (c). 
The bill is primarily designed to enhance the ability of the criminal justice system to respond appropriately to the perpetrators of violence against and of the ill treatment and abuse of children. One of the goals of this Government when it came into office was to develop an appropriate response to violence against children. Consequently in 2008 the Minister invited the Law Commission in the course of carrying out a review of Part 8 of the Crimes Act to have specific regard to how the provisions of Part 8 could better protect children. In response the Law Commission recommended that the scope of the offences and duties relating to the care of children be broadened an objective standard of care be imposed and penalty levels be adjusted to better reflect the gravity of the offending. As it eventuated the Government has decided to give priority to these specific measures over and above the wider reforms that are sought to tidy up Part 8. 
This bill does a number of things. First it proposes to amend the current duties of the parents and guardians of children to require the parent or guardian to take reasonable steps to protect the child from injury. This additional requirement builds on and extends the existing common law duty to protect the child from illegal violence that is foreseen or reasonably foreseeable. Secondly the bill requires parents and guardians to protect children up until they reach 18 years of age the same measure that is employed by the United Nations Convention on the Rights of the Child. Thirdly the bill makes parents and others more accountable where their actions harm children. It will no longer be possible for a person to avoid liability by claiming that he or she was unaware that their conduct or failure to act would have adverse consequences for the child or vulnerable adult. Fourthly it is proposed to increase the maximum penalty in these cases from 5 years’ imprisonment to 10 years’ imprisonment. This reflects the fact that the ill treatment and neglect of children and the consequences of it are felt for a very long time. Fifthly the bill recognises that others in the community are also vulnerable to abuse and deserving of protection. It is proposed to extend similar duties on those who have responsibility for the care of vulnerable adults. 
Finally I would like to draw attention to a new offence which is a significant new development in our criminal law and is based on overseas developments. Those members of the household who witness or observe abuse or who become aware that a child or vulnerable adult is likely to suffer serious injury have an obligation to take reasonable steps to prevent the abuse from happening or they will face the consequences. Failure to carry out this responsibility will result in the person being criminally liable for the omission. The proposed new offence departs from the recommendation of the Law Commission in one key respect. The Law Commission had recommended that a person who was under the age of 18 years at the time of the act or omission would not be charged with the offence. The Government has decided that the offence should extend to all parents regardless of their age to reflect the responsibilities that come with parenthood. It is not the intention of the Government further to victimise young parents who may be the subject of ongoing abuse themselves. In the case of parents under 18 years in most cases the matter would be referred to the Youth Court for consideration as that court has considerable flexibility in the way that it deals with such matters. 
This new offence has been crafted to draw an appropriate line between personal responsibility and criminal liability. The offence does not apply to all those who come into contact with the child or vulnerable adult. It does not mean that those other persons have no responsibility for the welfare or outlook of the child but that is not the function of the criminal law. I hope that the biggest impact of this provision will be to encourage those who are in day-to-day contact with endangered children to act proactively to protect children or if that is not possible to come forward if they know that abuse or neglect is taking place. We all know that the price of silence in such cases may be the continuance of abuse and neglect over someone’s entire childhood or in some cases the savage snuffing out of a young and blameless life. 
As a consequence of other Government proposals to amend the Crimes Act this bill also amends the offence of sexual grooming to enhance enforcement efforts; increases the maximum penalty for the possession of an offensive weapon as part of a response to concerns about knife crime; and amends the definition of “claim of right” so that the defence is available only in limited circumstances. 
This bill is another significant step towards making New Zealand a safer place for our children and for vulnerable adults. I commend the bill to the House.