Courts Matters Bill

That brings us to Part 3—debate on clauses 43 to 84, and schedules 1 and 2.

I really appreciate the committee accepting the explanations given and, likewise, I’ll just spend a few minutes introducing Part 3. The Courts Matters Bill amends the Summary Proceedings Act, which governs the issuing of infringement notices and the enforcement of fines and reparation that have not been voluntarily paid. Part 3 will improve the efficiency, effectiveness, and timeliness of fines enforcement. More fines and reparation will be collected sooner, and the credibility of these penalties will be enhanced. Part 3 will authorise the use of automated decision-making for arrangements to pay fines and reparation in affordable instalments. Most fines are paid in instalments.

In future, the chief executive of the Ministry of Justice will be able to approve automated rules for imposing attachment orders, which collect fines and reparations through mandatory deductions from wages or benefits; approve online offers to voluntarily pay fines and reparations in instalments over a longer period of time; and add further overdue fines and reparations to existing pay arrangements so that these will also be paid in instalments over a period of time. People will be able to ask for a staff member to review the automated decisions.

Part 3 will also authorise court registrars to immediately and unilaterally cancel voluntary time-to-pay arrangements in three circumstances. These circumstances are: the arrangement was entered into to enable the person to leave or enter New Zealand without being stopped at the airport; false or misleading financial information was provided when the arrangement was entered into; the person’s financial position has improved significantly since the arrangement was entered into and they can now afford to pay their fines and reparations sooner.

Voluntary arrangements are only entered into when the person cannot afford to pay their fines by the due date. This process relies heavily on people’s honesty. A prompt and effective response is needed when it is discovered that a person has not been honest. At present, court registrars are required to give 10-day notices before an arrangement is unilaterally cancelled. A small but apparently growing number of people are using this period to delay or evade resolution of their fines and reparation. This undermines the credibility of these penalties.

Part 3 simplifies the procedures for putting charges on land to encourage payment by people who owe fines or reparation of $5,000 or more. The procedures for selling land owned by people with overdue fines or reparation of $50,000 or more have also been simplified. These procedures will be able to be used more often to secure payment from people who can afford to pay their fines and reparation, but their homes will not be able to be sold. Part 3 of the Courts Matters Bill will enable fines and reparation to be collected sooner and enhance the credibility of these penalties. I trust that will help members in the debate.

The question was put that the amendments set out on Supplementary Order Paper 134 in the name of Hon Aupito William Sio to Part 3 be agreed to.

Amendments agreed to.

Part 3 as amended agreed to.

Part 4 Amendments to other Acts