Lole-Taylor Asenati: Social Security (Fraud Measures and Debt Recovery) Amendment Bill — Third ReadingText is incorporated into the Bound VolumeLole-Taylor Asenati: Social Security (Fraud Measures and Debt Recovery) Amendment Bill — Third Reading[Sitting date: 17 April 2014. Volume:698;Page:17458. Text is incorporated into the Bound Volume.]Le’aufa’amulia ASENATI LOLE-TAYLOR (NZ First): Talofa lava.Malo lesoifua. I rise on behalf of the New Zealand First Party our wonderful party to speak to the Social Security (Fraud Measures and Debt Recovery) Amendment Bill. This bill seeks to amend the Social Security Act 1964. The aim is to strengthen measures to combat relationship fraud which is a very specific kind of benefit fraud. The bill considers relationship fraud to have occurred when a person who is living in a de facto marital or civil union relationship claims a single or sole parent rate of benefit to which they are not entitled. The Government’s proposals in the bill are designed to strengthen the approach to relationship fraud—in particular by ensuring that both parties in a relationship are appropriately held to account. The Ministry of Social Development’s chief executive would be empowered and required to recover debt from partners and spouses of beneficiaries who obtain welfare payments fraudulently. It will make themjointly accountable for repaying the debt in certain circumstances. Criminal liability will also be extended to the partners of beneficiaries who commit relationship fraud.The interesting situation right now in our country is that there are so many different kinds of relationships. In addition to the traditional married couple we now have de facto relationships single parent relationships and same-sex or civil union relationships. There are also family relationships through guardians and more. I am sure that those who are now watching these speeches in the House would know which category they come under.The Social Services Committee examined this bill and recommended that it be passed with some amendments. The intention of the bill will be achieved if the amendments are given serious consideration. The Social Services Committee wanted the bill to be clearer about the criteria for liability on the part of a beneficiary’s spouse or partner who knowingly or otherwise benefits from an amount obtained by fraud. It is funny that I have always wondered how some single parents can travel to various places for nice holidays with their families. They drive some fancy flash cars and wear some very nice clothes. They also wear some expensive shoes and dine in some pretty good restaurants. Yet they do not work full-time and are single parents.I have worked all my life ever since I left school—at a car assembly factory making car harnesses and in warehouse stores packing electronic goods for dispatch. I have worked at a merchandising warehouse and retail shop selling clothes for men—that includes ties jumpers shirts and more. I have also worked in a prison site operating its Wanganui computers—for those who remember them from back in the mid-1980s. I have also worked in the Ministry of Justice through its public registries—for example the Registrar-General of Births Deaths and Marriages and more. I have worked in alcohol and drug services the University of Auckland School of Medicine the National Heart Foundation Auckland City Council and later the Department of Corrections. And I must say I was still broke and unable to drive a reasonable car like theirs—clean reliable vehicles—until many years later. Yet the single parents were having better access to better resources than I was. I do not smoke nor am I able to operate many pokie machines.Melissa Lee earlier on today made a mockery of the National Government’s poor efforts to recover the $6 billion worth of tax evasion—a pathetic attempt. It would be better if she did not even go there. This legislation attempts to make accountable those who have been able to access benefits that they are not entitled to. To be liable the spouse or partner must know or have been reckless as to whether the amount obtained is in excess of what the beneficiary is entitled to and that it has been fraudulently obtained.The initial bill was not clear on whether the spouse or partner would also have to know the exact amount involved or the precise way in which it was obtained. In terms of debt recovery it was recommended that the Ministry of Social Development’s chief executive should have more scope when determining the rate and method of debt recovery. It was not enough that the chief executive’s role would rather be limited to considering only factors set out in the ministerial direction. That was not enough. This recommendation was based on the general public law principle that decision makers must take all relevant considerations into account.Among other proposed amendments to the debt recovery aspect of the bill the Social Services Committee has sought to ensure that it more accurately reflects the policy intent to collect fraudulently accrued debt at the same time also ensuring that the circumstances of the person owing money have been fully considered. It is expected that these measures will address concerns about the impact of debt recovery on individuals and their families. This is very important because we must acknowledge the risk of making families worse off by using unreasonable force. In making them pay back debtsthey have accrued it is absolutely critical that we take the right approach. The provisions of this legislation must be enforced responsibly—responsibly.We must also remember that the vast majority of beneficiaries are honest people who do the right thing. Relationships are never simple or straightforward especially nowadays. According to Statistics New Zealand there is a growing proportion of New Zealanders living together without legalising or formalising their union. Reports from 2009 show that one-third of New Zealand marriages ended in divorce which is a very sad affair. Māori women have been shown to be more likely to be part of de facto relationships than non-Māori women. It is crucial to be mindful of the possible circumstances that beneficiaries may be in when they are caught in fraudulent situations.I was reading a nice message from a friend who was having some issues with his work colleague. He said: “To be extremely happy but extremely intelligent is a task of being optimistic without being cheesy.” This legislation must avoid any attempt to encourage fraud. We all know that fraud is the daughter of greed. Let us hope that the Social Security (Fraud Measures and Debt Recovery) Amendment Bill will bring justice to the way we live. Thank you.