Newman Muriel: Questions for Oral Answer — Questions to Ministers 
Newman Muriel: Questions for Oral Answer — Questions to Ministers 
[Volume:611;Page:8445] 
4.  
Dr MURIEL NEWMAN (ACT NZ) 
 to the  
Minister of Justice 
: As Bailey Junior Kurariki convicted of killing Auckland pizza delivery man Michael Choy on 12 September 2001 is now eligible to apply for home detention does the Government believe that 2 years in a residential centre is an adequate penalty for homicide? 
Hon LIANNE DALZIEL (Acting Minister of Justice) 
: 
 The maximum penalty for manslaughter is life imprisonment. Sentences in individual cases are a matter for the courts. In this particular case the individual was sentenced to 8 years’ imprisonment and it is not appropriate for me to comment on the nature of that sentence. 
Dr Muriel Newman 
: In light of the Ministry of Justice report on the death of Michael Choy which found: “All of the young offenders shared common negative influences in their lives. Their families were unable to control their behaviour.” how can Bailey Kurariki possibly be considered for home detention? 
Hon LIANNE DALZIEL 
: I made a mistake when I said 8 years; it was 7 years’ imprisonment that he was sentenced to. Any offender who is subject to a long-term determinate sentence may apply to the board for home detention at any time after the date that is 5 months before the offender’s parole eligibility date. That is why he can apply. 
Dr Muriel Newman 
: What is the Minister’s response to Michael Choy’s mother Rita Croskery who claimed on  
Breakfast 
 television this morning that she was not informed that her son’s killer was eligible to apply for home detention and that under the present laws “offenders have all the rights and victims have no rights”? 
Hon LIANNE DALZIEL 
: I was not aware that that was the case and I will certainly follow it up. 
Hon Tony Ryall 
: If Kurariki is allowed out on home detention can the Minister assure the House and the people of New Zealand that his care and supervision will be superior to the ineffective care that her own inquiry concluded had been shown previously by the authorities of Justice Education and Child Youth and Family? 
Hon LIANNE DALZIEL 
: Section 35 of the Parole Act explains what the board has to take into account in determining whether to grant home detention. It will include the nature of the residence and the circumstances of both his offending and the sentence of imprisonment. Therefore the Parole Board will take all those factors into account under the legislation as it is required to do. 
Ron Mark 
: Does the Minister not recall the Hon Rick Barker’s statement in this House that nobody convicted of a serious crime would get home detention and if Mr Kurariki ends up with home detention what sort of message is that sending to every junior “would be if he could be” who looks upon this young boy as a hero as opposed to the criminal that he is? 
Hon LIANNE DALZIEL 
: I am not aware of anyone who looks upon Bailey Junior Kurariki as a hero. He is not a hero. He was involved in a very serious crime. The Parole Board has a list of matters it has to take into account before it makes a decision about whether to grant home detention. 
Hon Tony Ryall 
: I seek leave to table a copy of the report of the senior public servant expressing the concerns that young people were seeing Kurariki as a hero figure—front page of national newspapers. 
Hon Lianne Dalziel 
: Is it a newspaper report? 
Mr SPEAKER 
: Is the member seeking to table the report? 
Hon Lianne Dalziel 
: Is it a newspaper report? 
Mr SPEAKER 
: I am sorry; the member was asked whether it is a newspaper report. 
Hon Tony Ryall 
: Yes. 
Mr SPEAKER 
: Is there any objection? There is. 
Ron Mark 
: I raise a point of order Mr Speaker. I seek your assistance because in one mouthful I am told by the Minister that she is not aware of any such report where this man is being seen to be a hero and now the Minister has just admitted she has read the very newspaper report that states precisely that. One of her statements is untrue and I ask you to rule on that. 
Mr SPEAKER 
: I wish that the member had listened to what the Minister said. The member is wrong in his assertion. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. The fact is that the Minister said she was not aware of any such reports. 
Hon Lianne Dalziel 
: No I didn’t. 
Rt Hon Winston Peters 
: Yes she did. She is then offered the opportunity by another member of Parliament to have such reports put before her—reports that Mr Ryall said were in all the national newspapers—and she opposed the leave. That is just treating Parliament with contempt. 
Mr SPEAKER 
: Any member of this House has the right to deny leave.