Crimes Amendment Bill

Committee of the whole House

Thank you, Madam Chair. I want to discuss the commencement date. I think the first thing, when we’re looking at the commencement date—I just want to double check that I’ve got the right section. The main thing is around some of the things that we saw in Part 1, particularly when we were looking at things like the expanded scope of citizen’s arrest, both in terms of the kind of crime that is now encapsulated under citizen’s arrest and also in terms of things like the use of physical and mechanical restraint.

It’s something that will take some time, I guess, to communicate with the broader public, but that particular section will come into force today after Royal assent. As we see with a lot of justice-based bills, there’s usually somewhat of a lead-up period when it comes to the implementation of significant changes, so I do want to check if the Minister would consider my amendment, which is to replace “the day after Royal assent” with “1 July 2027”. It gives about 11 months for there to be genuine communication with the public on that. Even as we saw during the select committee stage, Retail New Zealand, the Police Association, and, I believe, Business New Zealand as well all raised concerns around that citizen’s arrest provision and are trying to get their heads around the workability and feasibility of that part. I guess I just want to check with the Minister if that is something that the Minister would consider.

I guess, in relation to that, what we saw in terms clause 2(2) and clauses 30A to 30E when we’re looking at the new Summary Offences Act and the new infringement offence, that is going to be done by Order in Council with a deadline of six months after Royal assent. I do think that even something like that should have been considered for Part 1—specifically the citizen’s arrest part of Part 1. The other question there would be: has the Minister considered including clauses 4 to 12 into what we see here in clause 2(2) and (3) as well? That’s my first question. Thank you.

Committee of the whole House

We won’t be considering changing those commencement dates. There’s a specific reason around the delay for the commencement of the infringement offence, and I think I spoke to that in an answer previously around giving the Police time to implement activities, including the IT changes that need to be ready, but it’s not necessary for Part 1 of the bill.

Committee of the whole House

Thank you, Madam Chair. There’s more in this commencement section than in many commencement sections, and I had a couple of questions around this too.

Look, this whole bill is a bit of a mess, to be honest, and I appreciate that the Minister for the Prevention of Family and Sexual Violence is not the Minister with conduct of this bill. It’s kind of reflected in the commencement section, because I don’t think I’ve ever seen a less specific commencement section in any bill that I’ve seen come before the House. The reason for the six months date, the Minister has already discussed, which I think is prudent. I think it could possibly be longer, knowing that sometimes these IT systems take longer than six months. I do actually think the suggestion to think about whether that could be even longer would be prudent, and it will probably save the Government some angst or whatever the Government has to deal with, with this, because it’s not going to be possible to have an infringement regime without the completed IT system in place.

The other thing that is just bizarre with the drafting on this is that it then has kind of a catch-all in clause 2(3) that says, “Any part of the Act that has not come into force” comes into force after six months. Now, that is clearly a reference, or should be a reference, to the IT system delay, which the Minister has very capably explained, but I don’t think the drafting represents the clarity that she talked to the committee about. It’s quite bizarre.

The other thing that is really unusual about this commencement clause is the fact that it’s got a note in the commencement clause: “(see Part 3 of the Legislation Act 2019 for publication requirements)”. Well, I think we can do without a note in the second clause of a bill telling us what the legislated requirements are for legislation. It’s a terribly drafted commencement clause, and we can do better—we can do better. I’m not blaming officials here, because if you read all of the documentation and you read the regulatory impact statement, they were under the pump, and the Minister—not this Minister, but the Minister responsible—has put them under the pump, stuck a bill in the Summary Offences Act right at the end through an Amendment Paper. There’s been a second Amendment Paper. There’s been two different amendments from Government parties on different aspects of this bill that differ from what went through select committee.

It’s disappointing because there are aspects of this bill that we supported, especially the trafficking and the definitions around “modern slavery”. It’s admirable, and I’m pleased that that will pass into law. I’m very supportive of that. Also, I think recognising the increased workplace risk of first responders is something there that we can all get behind. Overall, the commencement, drafting-wise, just really leaves a lot to be desired. Also, I know this is a point that my colleague Lawrence Xu-Nan has made on other bills, but because this has taken such a long time, we also have to make an amendment to the title. I won’t go on about that, but potentially it will either be 2026 or 2027.

I don’t have too many questions for the Minister. I don’t know if she wants to comment on the way that this has all turned out to be a little bit of a mess and if she has any thoughts around the IT system and whether that could be, perhaps, changed so there’s a little bit more time to do that. I don’t know if she’s had assurances from the Police that the infringement notice IT system will be in place by that date—hopefully, because otherwise it would be, and it’s not too late, a really good idea to change the commencement, give yourself a little bit more grace. Be like the Auckland City Rail Link people who just can’t seem to announce an opening date. Christmas is coming, but it’s never there, and as an Aucklander, it’s a little frustrating. Anyway, I don’t know if the Minister wishes to comment on that, but I want to thank the Minister for her engagement on this bill. I know it’s not one that she has had conduct with, but I do appreciate her genuine engagement.

Committee of the whole House

Whilst I appreciate the member Camilla Belich’s views on the drafting of the commencement clause, the officials have politely written to me that the commencement clauses are standard drafting.

A party vote was called for on the question, That clause 1 be agreed to.

Ayes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Noes 54

New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi.

Clause 1 agreed to.

CHAIRPERSON (Teanau Tuiono): The question is that Dr Lawrence Xu-Nan’s tabled amendment to clause 2(1) replacing “the day after Royal assent” with “1 July 2027” be agreed to.

A party vote was called for on the question, That the amendment be agreed to.

Ayes 54

New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi.

Noes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Amendment not agreed to.

CHAIRPERSON (Teanau Tuiono): The question is that Dr Lawrence Xu-Nan’s tabled amendment to clause 2(3) replacing “6 months” with “12 months” be agreed to

A party vote was called for on the question, That the amendment be agreed to.

Ayes 54

New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi.

Noes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Amendment not agreed to.

A party vote was called for on the question, That clause 2 be agreed to.

Ayes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Noes 54

New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi.

Clause 2 agreed to.

Bill to be reported with amendment.

English Language Bill

Committee of the whole House

Clause 1 Title

CHAIRPERSON (Teanau Tuiono): Members, the House is now in committee on the English Language Bill. We start with clause 1. This is the debate on clause 1, “Title”. The question is that clause 1 stand part.