NEWS ON POLICY
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A MATTER OF OPINION Confiscation without conviction - do the ends justify the means? IN OTHER NEWS Emergency services funding model foreshadows rise in fire levy more... Climate change more... Police Directions more... IN PARLIAMENT Bills Introduced At Select Committee Bills Reported Back/Awaiting Second Reading more... Supplementary Order Papers Regulations more... IN THE WINGS Amendments to Corrections Act 2004 more... IN CONSULTATION more...
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| A MATTER OF OPINION | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Confiscation Without Conviction - Do The Ends Justify The Means?There has never been a vote in standing up for the rights of those the public deems 'the bad guys'. The communal desire for evil things to be visited upon evil-doers is a strong one and more keenly felt when crime appears unchecked and public policy is seen as treating the sinner as sinned against. So when the Criminal Proceeds (Recovery) Bill was introduced a few weeks ago, it was unsurprising that the two main political parties were quick to line up to pronounce the Bill a good thing. Intended to "make more effective provision for the confiscation of property that either represents the profits of criminal offending or was used to facilitate the commission of a crime", the Bill does away with the conviction-based forfeiture regime currently contained in the Proceeds of Crime Act 1991. In its place the Bill proposes a two-pronged approach. On the one hand, it allows for the seizure of the profits of crime without criminal conviction, or indeed any charges being laid. On the other, it provides a conviction based forfeiture regime for assets used to facilitate crime. Further, the burden of making the case for forfeiture will be the lesser civil standard of balance of probabilities, not the tougher criminal standard of 'beyond reasonable doubt'. So what's wrong with that? As successive MPs noted in their support for the Bill's introduction, it's a measure aimed not at ordinary punters or run-of-the-mill wide-boys, but instead at the gangs, drug king-pins and the assorted 'Mr Bigs' of the criminal underworld to whom charges never stick. And for those timid souls who might harbour reservations, it's designed to target terrorists too. Given that we can't hang 'em, this is - we are assured - the next best thing. In the face of the prevailing Parliamentary mood, it fell to the typically thoughtful Nandor Tanczos to remind members of some things they ought not be in need of reminder. First, there is the inherent repugnance of confiscating someone's property on the basis of assumption or whispered assertions about how they came by it. There'll be many a west coast chippie who might find the acquisition of a four-wheel drive in contra a bit hard to explain away in the face of a flinty eyed rozzer and an unsympathetic 'allo, allo, wot's going on 'ere then?' Second, it's a practical reality that tools given to the State for one job will inevitably be used for another, so we know that it's not just Mr or Ms Big and the al-Aqsa Martyrs' Brigades who will be in the sights of this one. According to Tanczos civil forfeiture seems to have been used in the UK as much as a means of working over housing estates with little or no regard for the impact on offending. This more fundamental justification for the forfeiture scheme seems to have been overlooked by the Home Office in favour on the cash it has generated. By that measure it has been an astounding success. The fact that civil forfeiture will operate independently of any criminal proceedings, which may or may not be instituted, is an additional problem. As Tanczos rightly asserts, this raises the spectre of double jeopardy and underscores the paradox of requiring a lesser standard of proof when the path to confiscation will already be made easy by the expedient of doing away with the need to lay, much less prove, criminal charges. To be fair, Tanczos' was not a lone voice. National's Kate Wilkinson and Labour's Charles Chauvel, although supporting the Bill's introduction, also saw fit to dwell on its potential for abuse. Both urged the select committee to ponder long and hard the need for a rigorous set of checks and balances, and Wilkinson went further to highlight the risk that the lesser standard of proof might be used for fishing expeditions or as a lazy means for the authorities to visit accountability on those they believe to be beneficiaries of crime. These are very legitimate concerns and it is an inadequate response to assert a higher purpose. The ends justifying the means has never been a satisfactory foundation for public policy and it is no proxy for the agencies of the State doing their jobs properly. The Law and Order Select Committee is expected to begin hearing oral submissions on the Bill over the coming month or so. The Bill is due to be reported back to the House on 19 September.
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Emergency Services Funding Model Foreshadows Rise in Fire LevyThe Department of Internal Affairs has issued a further discussion on the structure and, in particular, funding of, fire and emergency services. Noting the complexity and of existing arrangements and the present inadequacy of funding from levies on fire cover, the Department proposes to broaden the funding base and create a more equitable system for underwriting fire and non-fire services. What has been telegraphed, however, seems to falls well short of these objectives and may only exacerbate the problems of free-riding by the uninsured. Under the department's proposal the range of leviable property will increase, as will the quantum of the levies paid, in particular, by commercial insurers. Under the proposed system, levies will be applied not just to fire insurance, but insurance on any form of property loss or damage where there may be a benefit from fire and emergency services. They will no longer be based on indemnity value, but replacement value. 'First loss' limits will be disregarded and some extended classes of items, such as crops, will also be levied whilst the levy on vehicle insurance will be increased. It is the commercial sector that will be impacted most heavily by the proposal, a significant increase in insurance costs being the likely outcome. This may address whatever perceived inequities there may be in levy minimisation by larger players, but it does nothing to address (and may in fact incentivise) free-riding by the uninsured. Further, the appropriateness or otherwise of using a levy on a narrow base to fund what is envisaged as a wider public service is ignored. This, at the very least, deserves close consideration, particularly in the light of year-on-year fiscal surpluses. Submissions have been called for by the Department of Internal Affairs and should be received by 30 June. Given the potential significance for the costs of insurance all insurers should consider lodging a submission. Climate ChangeEnergy Minister, David Parker has updated the government's timetable for the delivery of the New Zealand Energy Strategy and the Energy Efficiency and Conservation Strategy. The final versions of the two strategies will be released in the September/October period to align with announcements to be made in respect of the proposed emissions trading scheme. Police DirectionsThe NZ Police has released the government's discussion document Policing Directions in New Zealand for the 21st Century. The document contains proposals to equip Police with a new Act. A Bill is scheduled to be introduced to Parliament before the end of this calendar year. The Police Commissioner, Howard Broad, encouraged both the public and Police staff to come to grips with the content which will help shape legislation to guide New Zealand policing for the future. The discussion document can be accessed on www.policeact.govt.nz The website outlines how the public can provide input, including an online form. Responses to the discussion document must be provided by 31 July.
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IN PARLIAMENT |
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Bills IntroducedCrimes (Repeal of Seditious Offences) Amendment Bill At Select CommitteeThe House has been in recess since 24 May. No new Bills have been referred to select committees.
Bills Reported Back / Awaiting Second ReadingAgricultural Compounds and Veterinary Medicines Amendment Bill Supplementary Order PapersSOP 115: State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Bill, Hon David Carter This SOP adds subclause (1A) to clause 10 of the Bill. Clause 10 provides that certain matters are not affected simply by reason of a merger of AgriQuality Limited and Asure New Zealand Limited. Subclause 1A states that this will not apply to contracts or arrangements entered into by AgriQuality Limited or Asure New Zealand Limited with the Animal Health Board (Incorporated), the management agency pursuant to the Biosecurity (National Bovine Tuberculosis Pest Managemnet Strategy) Order 1998. RegulationsAnimal Products (Dairy Industry Fees and Charges) Regulations 2007 |
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Amendments to Corrections Act 2004 Data Matching of Benefit Payments to Prisoners Major Events Management Bill
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IN CONSULTATION |
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What's New
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| AGENCY | ISSUE | SUBMISSIONS
CLOSE ON... (2007) |
| Australia NZ Therapeutic Products Authority | Draft Order: Packaging Requirements for Specified Therapeutic Products Medical Device Standards for Medical Devices Required to be Sterile Conformity Assessment Standard for Quality Management Systems and Quality Assurance Techniques for the Manufacture of Medical Devices |
13 July 13 July 13 July |
| Economic Development, Min of | Review of the Clearance and Authorisation Provisions under the Commerce Act 1986 |
10 August |
| IRD | Transfer of depreciable property between associated persons |
2 July |
| Justice, Min of | Preferred Options for Reform of the Real Estate Agents Act 1976 |
10 July |
| Land Information NZ | Standard for memorials |
3 July |
| Law Commission / TPK | Waka Umanga (Maori Corporations) Bill (consultation) |
31 July |
| Police, NZ | Policing Directions for the 21st Century |
31 July |
| Standards NZ | Automatic Fire Sprinkler Systems |
23 July |
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