Allan KiritapuCRIMINAL ACTIVITY INTERVENTION LEGISLATION BILLFirst ReadingHon KIRITAPU ALLAN (Minister of Justice): I present a legislative statement on the Criminal Activity Intervention Legislation Bill.DEPUTY SPEAKER: That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon KIRITAPU ALLAN: I move That the Criminal Activity Intervention Legislation Bill be now read a first time. I nominate the Justice Committee to consider the bill and at the appropriate time I intend to move that the bill be reported to the House by 9 February 2023.This bill will strengthen New Zealand's criminal legislation to prevent and respond to the harm caused by gangs and other criminal activity. It gives effect to the Labour Party's 2020 election manifesto to keep the pressure on gangs by ensuring we have the resources and powers to disrupt criminal gang activity prosecute relevant offending and seize the proceeds of crime. Recently we're all aware that we have seen an increase in gang violence. There is also the context of deeper changes to the gang environment including the establishment of Australian gangs in New Zealand resulting in increased inter-gang pressures and a greater willingness to escalate to violence using firearms. Regardless of the cause of this violence however its impact has been felt in our most vulnerable communities and we must respond. Many gang shootings have been in residential areas causing distress to communities across Aotearoa and that is unacceptable. Everyone should feel safe in their beds at night.This bill responds by amending the Search and Surveillance Act to create new search powers for police to use during times of gang conflict. These powers will enable police to conduct a search for weapons and will enable police to locate and seize weapons more effectively when tensions between gangs are high reducing the risk of harm to communities. These are wide powers and as such must only be used in exceptional circumstances. To use these powers police must obtain a warrant from a judge who must be satisfied that a gang conflict exists and that the powers under the warrant may reduce the risk of harm to people or property. There must be reasonable grounds to suspect the property to be searched is used either by a member of the gang or by someone who is encouraging or assisting gang conflict. The warrant safeguard will ensure police have the tools to adequately respond to risks to public safety without undermining those rights and freedoms which are crucial to a just and democratic society.The bill also creates a new offence in the Crimes Act that of discharging a weapon with intent to intimidate. We know that these shootings are motivated in part by a desire to intimidate and sow fear. It's important that the law holds those involved in threatening and intimidating behaviour to account particularly when it involves the use of a firearm. This new offence is in addition to existing offences within the Crimes Act which require intent to cause physical harm and provides an alternative option for dealing with firearms offending.Shootings are not the only way in which gangs seek to intimidate those around them. Gang convoys where large groups of gang members travel together on the road often involve high-risk and illegal behaviour such as dangerous or reckless driving. The aim of those involved is to intimidate through a display of power and disregard for the law. The Bill responds to this behaviour by amending the Land Transport Act to expand the offences which result in a mandatory 28-day vehicle impoundment. The list now includes dangerous and reckless driving not causing injury or death as well as aggravated careless use of a vehicle causing injury or death. It sends a clear message: if you engage in this unacceptable behaviour we will take your vehicle.Finally we know that these conflicts are in part about profits as gangs seek to protect and expand their share of the incredibly lucrative illicit drug trade. This scourge on our country is worth almost $300 million a year with our most vulnerable communities targeted by organised criminal entities. Drug dealing is largely conducted in cash which is then laundered and disguised as legitimate income. The bill responds to this behaviour by placing two additional safeguards around the use of cash. Firstly the bill amends the Anti-Money Laundering and Countering Financing of Terrorism Act to prohibit cash transactions over $10000 for specific goods. These goods which include jewellery gold bars cars and bikes are items we know are frequently used by organised criminal entities to launder money. Limits on the use of cash to purchase these goods or help disrupt money laundering efforts.Secondly the bill amends the Search and Surveillance Act to give police additional seizure powers in relation to suspicious cash. Under the existing legislation police are powerless to seize the cash and investigate its origins unless they are able to tie it to a specific offence at the point of discovery. The amendments in this bill will enable police to seize cash they suspect is the proceeds of crime in order to further investigate and gather evidence of that offending. This will better equip them to disrupt criminal transactions and money laundering. Like the new search powers this new cash seizure power has important safeguards. It is time bound which means police must return the money if they cannot demonstrate evidence offending within the time set out in the legislation. It also can only be used in relation to cash that police believe to be more than $10000.Together with the Criminal Proceeds (Recovery) Amendment Bill which the Government has just introduced to the House these measures will hit those people where it hurts the most: their profits. Successfully disrupting the gang's ability to launder money and profit from their criminal activity is key to reducing the incentives to carry out these activities in the first instance. It is important to remember that tackling organised criminal activity and harm requires us to also tackle the causes of marginalisation which leads young people down that path. This Government is committed to ensuring those who are at risk including young people and 501s have the support they need to make better choices for their future.However it is important to note that where organised criminal entities engage in criminal behaviour and spread fear within our communities we must respond and respond decisively. The police need effective but proportionate powers to disrupt criminal activity including that perpetuated by these criminal organisations. This bill responds to that need and will enhance community safety by providing clear legal authority for police to intervene and disrupt relevant criminal activity. To this end I commend this bill to the House.DEPUTY SPEAKER: The question is that the motion be agreed to.