Barker Rick: Third Readings 
Barker Rick: Third Readings 
[Volume:630;Page:2386] 
Hon RICK BARKER (Minister for Courts) 
: 
 I move  
That the Crimes Amendment Bill the Customs and Excise Amendment Bill the District Courts Amendment Bill (No 2) the Immigration Amendment Bill the Misuse of Drugs Amendment Bill the Privacy Amendment Bill the Sentencing Amendment Bill the Summary Proceedings Amendment Bill and the Tax Administration Amendment Bill be now read a third time. 
 This very interesting legislation makes a number of significant improvements in the law relating to the enforcement of fines reparations and civil debts. It will increase the effectiveness and the efficiency of fines enforcement and it begins a process of applying information technology to the filing of court documents. I will have more to say about that in a moment. However I will first take the opportunity to reply to some of the points that were raised during the earlier debates and clarify some possible points of misunderstanding. 
Much of the comment on the legislation has focused on the interception of fines defaulters as they depart from New Zealand. As fines defaulters are intercepted on their way either out of or into the country they will be expected to pay their outstanding fines or reparation in full. It is possible that they will be allowed to enter into time payment arrangements. That will be at the discretion of the District Court registrars. It is highly unlikely that a registrar would enter into a time payment arrangement with a defaulter who has been intercepted on his or her way out of the country. In addition to stopping the worst defaulters on their way out of or into the country this legislation will enable us to keep tabs on less serious fines defaulters. Defaulters who owe more than $1000 or who have a warrant out for their arrest will trigger silent alerts as they pass through New Zealand international airports. Once a silent alert has been triggered updated contact information will be provided by the Ministry of Justice in order to initiate enforcement action. 
It has been suggested that the outstanding fines balance would be reduced if the Ministry of Justice had access to information held by the Ministry of Social Development and the Inland Revenue Department. It has also been suggested that the Government should contract private debt collection agencies to enforce the payment of fines. I point out that the Ministry of Justice undertakes regular electronic data matches with the Ministry of Social Development and the Inland Revenue Department. In addition the Ministry of Justice also contracts with Baycorp to provide contact information on fines defaulters. The ministry is currently examining ways to improve the range and effectiveness of its track and trace activities. 
I listened to a number of speakers express their disappointment that the legislation does not go further in increasing the scope for data matching or the powers to deal with fines defaulters. However I point out that this legislation was never designed to be a vehicle for substantial reform of the fines collection process. Reform of the fines collection process is the purpose of a current review of the infringement system. That review will include extensive consultation with all interested parties and is expected to lead to a more comprehensive set of proposals on how infringements are used and how they are enforced. 
Along with the fines enforcement at airports initiative the legislature authorises the electronic filing of unpaid infringements in the court. That is a necessary precursor to improving the information provided by prosecuting authorities when they file infringements for enforcement in the courts. Better information means better chances of collection—it is just as simple as that. 
The infringement review will also focus on enabling the Ministry of Justice to identify problem defaulters at an early stage before they accumulate high amounts of outstanding fines. At present a number of those people come to court only after their fines have reached a level that is beyond any realistic assessment of their capacity to pay. Identifying those people earlier means that we can find other ways to address their behaviour before the stage is reached where the only realistic option is to consider remitting the fines. Those are only some of the substantial changes in the law relating to fines enforcement that I expect will result from the completion of the review of the infringement system. 
Before concluding I wish to say that this legislation has been in the House for some time. The main reason for that is that the Opposition parties for some unfathomable reason have decided to filibuster on this legislation. However I am really pleased it is here at this stage. I would also like to compliment Martin Gallagher the chair of the Law and Order Committee which oversaw this legislation on his outstanding work patience and diligence. He never lost hope that this legislation would be passed through the House. I commend this legislation to the House.