Adams Amy: Public Safety (Public Protection Orders) Bill Parole (Extended Supervision Orders) Amendment Bill — Second ReadingsText is incorporated into the Bound VolumeAdams Amy: Public Safety (Public Protection Orders) Bill Parole (Extended Supervision Orders) Amendment Bill — Second Readings[Sitting date: 26 November 2014. Volume:702;Page:860. Text is incorporated into the Bound Volume.]Hon AMY ADAMS (Minister of Justice):I move That the Public Safety (Public Protection Orders) Bill and the Parole (Extended Supervision Orders) Amendment Bill be now read a second time. When the National-led Government entered office in 2008 violent crime was rising the criminal justice system lacked accountability and there was a lack of focus on victims. The Government has worked hard to regain control over law and order by focusing on crime prevention by backing the police and by improving the responsiveness of our justice system. We have increased the penalty for breaching protection orders and have improved non-violence programmes for offenders. This work has paid off. Crime is now at a 35-year low. Although this is a significant achievement there are still areas where we can better improve public safety.One such area is our ability to protect New Zealanders from the small group of individuals who pose the greatest risk to public safety. Another area is the management of high-risk sexual and violent offenders in the community following a sentence of imprisonment. These two bills—the Public Safety (Public Protection Orders) Bill and the Parole (Extended Supervision Orders) Amendment Bill—respond to these risks. They provide legislative options for managing offenders due for release from prison who pose an undue risk to society. They are to be considered as cognate bills given the operational links between the two regimes.I would like to acknowledge the work of my colleague the Hon Peseta Sam Lotu-Iiga in progressing the Parole (Extended Supervision Orders) Amendment Bill. I would also like to acknowledge the members of the select committees from the previous Parliament for their careful consideration of the bills. I would also like to thank all of those who took the time to submit on both bills.I will first discuss the Public Safety (Public Protection Orders) Bill which introduces civil detention orders for offenders who pose a very high risk of imminent serious sexual or violent reoffending. With regard to the test for imposing a public protection order the bill requires that the person pose a very high risk of imminent serious sexual or violent offending if they are released or left unsupervised. This is a stringent test that officials estimate will apply to only five to 12 people over 10 years. The risk however of near-certain serious harm is an extremely compelling reason to detain these individuals in a secure civil facility until they no longer pose a serious threat to public safety.On human rights issues the bill includes a number of safeguards to protect the rights of individuals subject to an order—for example offenders will be re-evaluated regularly and can seek a court review of their detention at any time. If an offender no longer meets the test for a public protection order they will be released and placed on a protective supervision order. There will be independent oversight of public protection orders. The bill provides for the appointment of inspectors who will inspect the facilities conduct investigations and deal with complaints. The bill also gives certain office holders the right to visit and examine the residence and residents. These include members of Parliament an Ombudsman the Privacy Commissioner or a judge.The Justice and Electoral Committee recommended a number of useful changes to the Public Safety (Public Protection Orders) Bill. One of these is to make victim notification consistent with the Victims’ Rights Act 2002. This means victims who register with the Department of Corrections will be given updates on the offenders involved in the public protection order regime. Victim notification is also expanded. This is so that those victims who have registered are more informed about upcoming court proceedings under the bill and the outcome of those proceedings. To ensure the safety and security of the public protection order residence the bill now includes specific clauses about searches and visitation. The new clauses set out the different types of searches that the resident staff have the power to conduct as well as the limits on those powers. This will prevent prohibited items from entering the residence. The ability of the residence manager to set conditions on visitors is also clarified. The Justice and Electoral Committee diligently considered the Public Safety (Public Protection Orders) Bill and the proposed changes will secure better protections for the New Zealand public while balancing the importance of human rights issues.Moving on to the second bill the Parole (Extended Supervision Orders) Amendment Bill this bill contains amendments proposed to ensure that the public are protected from high-risk offenders who finish a finite prison sentence but who do not meet the criteria for detention under a public protection order. The Parole (Extended Supervision Orders) Amendment Bill enhances the current regime in two main ways: firstly the amendments enable extended supervision orders to be renewed for as long as they are needed; and secondly the scope of extended supervision orders which currently can be used only for child sex offenders is expanded to include adult sex offenders and very high-risk violent offenders.The Law and Order Committee carefully considered a report from the Attorney-General on the consistency of the Parole (Extended Supervision Orders) Amendment Bill with the New Zealand Bill of Rights Act. The committee considered the implications of bringing extended supervision orders under a civil regime similar to the public protection order regime. The committee found that it would have little practical effect and the best option is to leave extended supervision orders under the current criminal regime.The Law and Order Committee also recommended a number of useful changes to the Parole (Extended Supervision Orders) Amendment Bill. One such change is that the extended supervision orders regime apply to overseas offenders who continue to pose a serious risk to public safety on their return to New Zealand. The committee recommended a change to the amendments to the Privacy Act to authorise the Department of Corrections and New Zealand Police to share information about an offender subject to a protection order restraining order or non-contact order while also subject to an extended supervision order. This is so that each agency will know who is on the orders that the other agency administers.I would like to conclude by signalling that the Government intends to make some additional enhancements to the Parole (Extended Supervision Orders) Amendment Bill via a Supplementary Order Paper at the Committee stage. These will ensure three things: firstly that any contact between the offenders on extended supervision orders and children is strictly controlled; secondly that consistent decisions are made about the most appropriate order for high-risk offenders when applications are made to the court; and thirdly that interim extended supervision orders can be granted where special circumstances delay a full extended supervision order application.The Public Safety (Public Protection Orders) Bill the Parole (Extended Supervision Orders) Amendment Bill and the further enhancements that I have signalled are a graduated and proportionate response to the risk to the public posed by a very small number of offenders who at the end of their sentence pose an extreme risk to the safety of the New Zealand public. Together the bills will make New Zealand a safer place. I commend the Public Safety (Public Protection Orders) Bill and the Parole (Extended Supervision Orders) Amendment Bill to the House.