Lole-Taylor Asenati: Sentencing (Protection of Children from Criminal Offending) Amendment Bill — First ReadingText is incorporated into the Bound VolumeLole-Taylor Asenati: Sentencing (Protection of Children from Criminal Offending) Amendment Bill — First Reading[Sitting date: 25 September 2013. Volume:693;Page:13748. Text is incorporated into the Bound Volume.]Le’aufa’amuliaASENATI LOLE-TAYLOR (NZ First): I moveThat the Sentencing (Protection of Children from Criminal Offending) Amendment Bill be now read a first time. I nominate the Law and Order Committee to consider this bill. Talofa lava greetingstēnā koutou katoa and thank you for the opportunity to introduce this bill to the House for its first reading. In introducing this bill to the House I would like to acknowledge the late Brian Donnelly QSM a former New Zealand First MP who strongly advocated for a bill like this to be developed in order to tackle the issues that this bill intends to address.JimRohn said that “Happiness is not something you postpone for the future; it is something you design for the present.” Our young children deserve happiness with good education and secure homes. It is impossible to postpone happiness for our younger generation for they need to plan for prosperity and stable lives today. So in order for our future generations to have stability we ought to carefully engineer their current environment and ensure that we design the best platform to counter the risks and evils that could harm and cause more damage to them and our nation in years to come.The bill brings a unique focus to the way in which New Zealand deals with criminals who continue to ignore the rights of our children to a safer and secure environment—an environment where they can grow up to become good citizens with aspirations to be great leaders of our future generations instead of professionals in criminal activity or leaders of some gang-affiliated organisation. I ask that we put aside our politics and come together and be united for the sake of our vulnerable children.The Sentencing (Protection of Children from Criminal Offending) Amendment Bill seeks to make criminal offending in the presence of a minor an aggravating factor at sentencing. Criminal offending by adults often exposes minors to serious harm. That is why this bill aims to enable the legal system in New Zealand to view such criminal activities and give appropriate sentences that are reflective of this harm. I say: let the punishment fit the crime. There is a need for more emphasis to be placed on the well-being of minors or our children who witness and are exposed and unfairly subjected tocriminal activity. At the same time criminals who ignore these children should be held accountable.The bill will make criminal offending in the presence of a minor an aggravating factor at sentencing. It is a crackdown on individuals who engage in criminal activity in the presence of young minors and a minor would include anyone under the age of 17 years. The intention is to send a clear message to others in New Zealand that we will no longer tolerate crime being witnessed by children and that we can no longer allow our children to be abused in such a way that they become emotionally and psychologically affected.Another important aspect of this bill includes strengthening judges’ powers when sentencing offenders where minors have been exposed to potential serious harm. A primary example of serious harm is the production of illicit drugs in homes where children are living. Honourable members this bill sends a clear message that this is unacceptable. It has become too common for young children to be living in homes where drugs are produced and sold. The reality is that drugs are often associated with other forms of illegal activity from theft to gang associations and violence and with this comes the abuse. Young children are far too often the innocent parties to criminal offending by adults. There have been numerous media reports of children being placed in danger where crimes are committed which shows a real need for this bill to be passed into law.On 3 September or earlier this month I read a media release by the New Zealand Police saying that young children were present at some addresses that were the subject of a search executed on several Mongrel Mob addresses and that the police had made three referrals to Child Youth and Family. Children living in P labs suffer the risk of harm from living amongst toxic waste explosive chemicals and drug-manufacturing debris. Living in such a dangerous environment children are exposed to immediate danger from chemical poisoning contamination and the high chance of fire and explosions. Children found in P labs are likely to be inhaling and absorbing the same levels of methamphetamine as adult drug users.Senior lecturer in psychological medicine at the University of Auckland DrTreciaWouldes said that although there was no research on the long-term effects of P on children what was known about the effects of passive smoking could be indicative. The effects range from allergies to irritations from the drug with the worst coming from breathing the fumes daily and physical trauma or burns that could occur if the labs exploded. In 2010-11 more than 460 children were found in 37 percent of all clan-labs and 73 percent of all drug-dealing houses identified by the police. This is up from 26 percent and 65 percent respectively in 2009.If the direct harm from the drugs themselves is not enough children are often neglected because of the nature of the trade. In many cases children are subjected to and witness violence. A High Court judge last year was appalled at the number of women he saw in court for neglecting their children while using methamphetamine. Justice Williams reported that cases like these only create a generation stuck in the same drug-addicted cycle. In other words children pick up bad habits.I worked in the Department of Corrections where I came across offenders who were in prison with their father and grandfathers. Studies have shown that children learn from adults. Parents’ criminality strongly correlates with an increased chance of a child developing conduct problems and later on criminal activity. Children in environments where crime takes place are taught at a young age to accept this certain lifestyle. Offending is an indirect consequence of the offence.Several jurisdictions in the United States have passed legislation where drug manufacturing in a residence occupied by a minor is an aggravating factor at sentencing.In the state of New South Wales in Australia sentencing procedure legislation makes it clear that an offence committed in the presence of a child under the age of 18 is an aggravating factor. Why then is New Zealand turning a blind eye? It is time that sentencing takes into account the safety of the children. A situation where children have been exposed to dangerous criminal activity cannot and must not be taken lightly.The National Government’s White Paper for Vulnerable Children introduced in recent years although well intended unfortunately gave New Zealand no assurance that the problem of children in crime-operating environments will be addressed. So let us hope that the Vulnerable Children Bill will enhance our combined efforts in this area.New Zealand First has brought forward before Parliament a solution to this serious problem. The bill recognises that children will slip under the radar. Just because harm to children occurs behind closed doors it does not mean that we should turn a blind eye when it comes to sentencing those guilty of the actions that have created such unfortunate consequences.The current legislation does not go far enough to provide results in sentencing that properly take into account the safety of children and their exposure to dangerous criminal activity. This bill defines minors as “under the age of 17 years” and covers both mental and emotional harm as well as physical harm to minors. Furthermore children need only to be present to trigger this as an aggravating factor.If this Government is going to take a serious stance on vulnerable children and tackle the negative issue of child abuse this bill paves a way in the right direction. Let us not seek the answer from the right the left or the centre but seek the answer that is right. I commend this bill to the House.