Bennett Paula: Child and Family Protection Bill — Second Reading 
Bennett Paula: Child and Family Protection Bill — Second Reading 
[Volume:666;Page:13864] 
Hon PAULA BENNETT (Minister for Social Development and Employment) 
 on behalf of the  
Minister of Justice 
: I move  
That the Child and Family Protection Bill be now read a second time 
. I would like to thank the Justice and Electoral Committee for its consideration of the bill. The committee received 23 submissions from interested groups and individuals and heard eight submissions with the majority of submitters generally in support of the bill. I consider the committee’s recommended amendments increase the protection of children in domestic violence situations and clarify the intent of the bill. This Government acted swiftly to protect victims of domestic violence and ensure perpetrators are made accountable for their behaviour. The legislation arising from the Domestic Violence (Enhancing Safety) Bill and which we passed within our first year in office strengthens the police response to domestic violence with the introduction of on-the-spot police safety orders. I am both pleased and saddened to report that between 1 July and 8 September approximately 700 police safety orders were issued. 
The Child and Family Protection Bill is the next step in delivering on the Government’s ongoing commitment to strengthen the domestic violence legislation and enhance the protection of victims particularly child victims. First the bill makes changes to the Domestic Violence Act 1995 to better provide protection for child victims of domestic violence. Specifically the bill increases the existing protection order cover available for children who remain living with the applicant by allowing young people who have reached the age of 17 to apply to the court for continued cover. The select committee recommended that this provision be amended to provide automatic continuation of protection order cover for young people who remain living with the applicant after they turn 17. The Government agrees with this amendment as it reduces the burden on the young person by removing the requirement to apply to the court for continued protection. I understand that the Labour and Green members of the committee suggested that children should continue to benefit from the protection orders when they no longer live with the applicant. The majority of the committee disagreed because it would deny young people leaving home permanently an active choice about the protection they require. There would also be a number of complex legislative and operational implications. 
The bill also provides the court with a new discretion to offer an early opportunity to review care and contact arrangements where a temporary protection order is made. Some submitters raised concerns about the provision stating that it would be unfair to expect an applicant to attend a review with the respondent so soon after a temporary protection order was made. The Government is confident these concerns are mitigated by the provision that neither the applicant nor the respondent has to be present at the review; they can be represented by their lawyer. The clause expressly states that the judge may make an order only if both the applicant and respondent attend or are represented at the review. In response to suggestions from submitters the committee has recommended that the lawyer for a child appointed under the Care of Children Act along with any other person the Family Court judge permits such as a support person can be expressly enabled to attend such a review. 
Second the bill makes changes to the Care of Children Act 2004 to provide greater clarity and flexibility regarding the protection of children. The bill amends the Act to adopt the definition of “violence” that is in the Domestic Violence Act clarifying that “violence” means physical sexual and psychological abuse and includes both direct and indirect abuse. I note the strong support for this amendment from submitters and more broadly their support for the increased consistency between the two Acts. The bill also extends the existing provision for deciding parenting order applications where physical or sexual abuse is alleged against a party by incorporating the concept of psychological abuse. The bill ensures that where a protection order has been made against a party including on the grounds of psychological abuse the court will not grant the violent party care of or contact with a child unless the court is satisfied the child will be safe. I note there was also widespread support for this amendment and I welcome the committee’s recommended amendments to the drafting to make the clause clearer. 
Finally the bill creates a new offence in the Adoption Act 1955 of improperly inducing consent for the adoption of a child which is punishable by up to 7 years’ imprisonment. This is the last legislative amendment required for New Zealand to ratify the United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography. I support the committee’s recommendation to widen the offence to apply to agencies as well as to individuals. The Child and Family Protection Bill demonstrates this Government’s continuing commitment to improving the responsiveness of the courts to domestic violence and to enhancing the protection of children and families. It is with some pleasure and a huge amount of pride that I commend this bill to the House. Thank you.