Power Simon: Domestic Violence Amendment Bill Sentencing Amendment Bill (No 2) Bail Amendment Bill (No 2) — Third Readings 
Text is incorporated into the Bound Volume 
Power Simon: Domestic Violence Amendment Bill Sentencing Amendment Bill (No 2) Bail Amendment Bill (No 2) — Third Readings 
[Sitting date: 20 October 2009. Volume:658;Page:7360. Text is incorporated into the Bound Volume.] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Domestic Violence Amendment Bill the Sentencing Amendment Bill (No 2) and the Bail Amendment Bill (No 2) be now read a third time 
. This was some of the first legislation to be introduced by the National-led Government and it is particularly important to me. 
In less than a year this Government has made important legislative inroads into dealing with the impact of family violence on New Zealand families. New Zealand has a comprehensive set of laws designed to protect women children and men from violence in the home yet we continue to have high rates of family violence. For example the police currently record approximately 86000 family violence events in a year of which approximately half involve offences. Family violence also has a negative intergenerational effect. Children socialised within a violent environment are not as well equipped to adapt to and adopt positive lifestyles and may go on to become the subject of violence within their adult relationships. 
This legislation aims to strengthen the responsiveness of criminal justice agencies to victims of domestic violence through amendments to the Domestic Violence Act 1995 the Sentencing Act 2002 and the Bail Act 2000. The most significant amendment is made by the Domestic Violence Amendment Bill to the Domestic Violence Act 1995 and is the introduction of police safety orders. Issuing a police safety order addresses the immediate safety of victims by removing the alleged violent person from the home for a period of up to 5 days. The police will issue the orders in situations where there is an insufficient basis to arrest but where they believe there is a likelihood of domestic violence occurring and an order is necessary for the safety of the victim. The orders will provide a period of safety in which victims can consider their future options including the possibility of a court protection order. 
An important feature of the Sentencing Amendment Bill (No 2) is the proposal to amend the Sentencing Act 2002 to enable the criminal courts to issue a protection order on behalf of the victim in cases where an offender is sentenced for a domestic violence offence. Both of these provisions will be enacted from 1 July 2010 to allow police and the courts time to develop operational processes and undertake training. This will ensure a smooth transition from the legislation to day-to-day policing practice and court management of domestic violence matters. The other provisions come into force on enactment. 
The Domestic Violence Amendment Bill amends the offence provisions in the Domestic Violence Act by removing the two-tiered penalty structure for breaches of protection orders leaving only the maximum penalty of a term of imprisonment not exceeding 2 years. The legislation also provides a penalty of up to 6 months’ imprisonment for the specific offence of failing to attend a court-ordered programme. Further the legislation repeals the statutory criteria that police have to take into account when considering whether to arrest without warrant a person who they suspect has contravened a protection order. This means that the approach taken by police will be the same as for any other offence when an arrest without warrant is being considered. The Bail Amendment Bill (No 2) amends provisions in the Bail Act 2000 to allow the police to impose any conditions considered reasonably necessary to protect any particular person residing with the victim such as children new partners or elderly parents. 
Overall I believe this legislation will provide useful tools in expediting the response of the criminal justice sector to domestic violence. The police safety orders will provide immediate protection for the victim while making it very clear to the person who has allegedly committed the violence that his or her behaviour will not be tolerated. Similarly I expect that the number of protection orders that are made each year will increase as offenders sentenced for domestic violence offences are also issued with protection orders. This Government’s commitment to dealing with family violence is further supported by the introduction of the Child and Family Protection Bill which picks up on proposals that centre on child welfare and the issue of reconciling the Domestic Violence Act and the Care of Children Act. 
At this point I acknowledge Labour’s efforts in this area prior to the last election. I acknowledge in particular the work that was done by the Hon Annette King. For whatever reason the legislation was not able to be advanced prior to the general election but these bills are an important continuance of cross bench support of these sorts of measures. I also acknowledge the contributions made during each reading and the Committee stage by Lynne Pillay the Hon Ruth Dyson and Jacinda Ardern who have taken these issues and asked questions that are significant in the context of this work. 
We know that for a significant number of victims of violence the most dangerous place they can be is in their own home. As I said in my first reading speech we cannot legislate away behaviour when it is driven by broader social attitudes that will shift only over time. However the way in which agencies respond to family violence can save lives and reduce the number of victims. This legislation is predicated on the belief that there is still more that can be done to protect victims of family violence and help prevent them from becoming just another statistic and I urge the House to watch this space. I am particularly proud to have worked on this legislation during the course of the early days of this Government and I commend it to the House.