Genter Julie Anne: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Genter Julie Anne: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
[Sitting date: 21 June 2012. Volume:681;Page:3255. Text is incorporated into the Bound Volume.] 
JULIE ANNE GENTER (Green) 
: 
 Tena koe Mr Speaker. My colleague David Clendon has already spoken on this bill and I would like to add my voice to his in emphasising that the Green Party will not be supporting the thrillingly titled Prisoners’ and Victims’ (2012 Expiry and Application Dates) Amendment Bill. Although the Justice and Electoral Committee has reported the bill back without amendment by majority decision we do not feel that either the full context or the full consequences of the bill have been appreciated. Extending two sunset clauses in the principal Act may sound innocuous—and certainly other members who have spoken in the House have emphasised that it is very simple and straightforward—but we retain our concerns for two important reasons. First of all it is not immediately clear that extending the sunset clause is a necessary step. Notwithstanding that the Green Party supported the principal Act at its third reading only on the basis that the legislation would expire. 
As part of a plan to reduce the amount of abuse in prisons the Law Society in its submission made the valid point that case law precedent in  
Taunoa v Attorney-General 
 from 2007 cast doubt on whether subpart 1 of Part 2 of the 2005 Act is now needed at all so why the Government is taking up precious time debating this bill is somewhat beyond me. More important we reject the assertion that because this bill merely extends the sunset clauses it has no human rights implications because it clearly does. The Government’s own Attorney-General has released a section 7 New Zealand Bill of Rights Act report on the proposed Prisoners’ and Victims’ Claims (Redirecting Prisoner Compensation) Amendment Bill condemning it as a denial of an effective remedy and also including a chastisement of the previous Attorney-General for not making a similar ruling in regards to the principal Act. So how does extending the restriction to the right of an effective remedy before making that change permanent not contradict the New Zealand Bill of Rights Act? Prolonging that denial is a denial in itself and should be considered as such in principled lawmaking. 
In response to Mr Goff’s assertion that he is interested in putting victims at the heart of our criminal justice system the Green Party absolutely agrees with this but let us be honest the principal Act that this bill extends never sought for victims to receive compensation and money. It was all about limiting the Crown’s financial liability for the human rights abuses of prisoners. 
Hon Phil Goff 
: No. No it wasn’t actually. 
JULIE ANNE GENTER 
: That is what it is about. That is why it is limited to this and clearly— 
Hon Phil Goff 
: No. Take it from me; I was there—and the Greens supported it at the time. The Greens supported it. 
JULIE ANNE GENTER 
: Yes because it had a sunset clause; that is why we supported it. Lawmaking should avoid perverse incentives and in perpetuating the status quo this bill fails in that regard. That is probably why there have been so few cases taken and so little money awarded to victims as a result of it. 
Compounding the problem is the fact that where abuses happen prisoners are less likely to make a claim and that is exactly why there have been so few claims made or awarded. Making prisoners less likely to claim compensation reinforces the incentive to commit human rights abuses by lessening the chances of punishment against perpetrators. 
These are broadly the reasons why we will not be supporting this bill and why we do not commend it to the House. We realise that it will pass. We look forward to engaging in what will be hopefully but unlikely a more substantive debate on the Government’s future plans in regard to the Prisoners’ and Victims’ Claims (Redirecting Prisoner Compensation) Amendment Bill. Thank you.