Family and Whānau Violence Legislation Bill – Second Reading – Video 12

Family and Whānau Violence Legislation Bill – Second Reading – Video 12

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start supporting us I communed this bill to the house mr. speaker I call crisping Thank You mr. speaker for the opportunity to speak at this the second reading of the family Inferno violence legislation bill as it will be renamed no doubt in due course so I’d like to acknowledge the remarks that others have made across the house more generally about the evils of domestic violence or family Inferno violence sir I don’t wish to belabor the points of the particular evil that is indeed the scourge of our society and except to say that of course like every other member of this house I do acknowledge the importance of therein and therefore the need to do something about it this is something sir it is something therefore that we must do if it is a useful and worthwhile thing in itself and it is but it’s also worth acknowledging I think and again I believe that every member of this house does acknowledge that there is much more that can and should be done in this arena let me begin sir please by noting that a number of different bills excuse me a number of different acts will be changed by this bill and it seems to me that reflects the fact that this is a complex area it’s an area of our legal system where a number of different facets for example bail care of children the Crimes Act and so forth touched by this legislation so I acknowledge the work of the officials also the members of the Select Committee who have considered all of those very diligently and of course the previous in indeed current minister for taking a comprehensive view to our legislative framework in our statute book to do the things that are necessary in order to make this bill work my colleague Hallett Akebono who has serious credibility and experience in this field has talked about the main features of the bill so I won’t belabor that point except to say that I would like to focus on some of the aspects that go particularly to the definition of violence that seems to me very germane indeed crucial to the way that the bill operates in the way that it will be executed so to speak in the field in the home indeed most often mr. speaker I’d like to focus in particular on clause 9 which talks about amending the definition within the act of psychological abuse this is very interesting to me mr. speaker as a matter of law making of course in addition to the very substantive very serious substantive issues that are discussed in raised in relation to the types of abuse that would be covered by this bill one of these is the definition of psychological abuse as it reflects forms of abuse in relation to the elderly and also disabled people so if you’ll allow me sir I’d like to go through some of the detail of that because it seems to me very important to the issues that we are trying at least trying to rectify by passing this legislation if indeed we go through to the third and final reading in Clause 9 do we look at the meaning of family violence and it’s SIDS in this proposed legislation that violence against the person includes a pattern of behavior for example to isolate from family members or friends that are made up of a number of acts that are any or all of physical abuse sexual abuse or psychological abuse that may have one or both of the following features and then it goes on to list two features and I’d like to pick out the word pattern of behavior sir because it seems to me very important that we are acknowledging as a parliament as lawmakers that sometimes the nature of abuse is that a is effectively cumulative and the act excuse me the the bill is quite explicit about effect that a number of Acts when viewed in isolation may appear to be minor or trivial and yet the cumulative effect of those or the pattern of behavior to use the the wording of the bill as such that that is serious enough that we should consider it to be abuse and therefore that we should offer to those who are suffering such abuse the protections of this bill for the sake of completeness and I think very wisely the bill also does say quite explicitly that a single act may amount to abuse so of course it’s not just a pattern but it might be a one-off instance of sexual or other physical or indeed psychological abuse that would be covered by the bill psychological abuse is somewhat complex I suppose it’s less obvious potentially to those who becoming involved in helping the victims of such abuse it might also be less obvious to those who are suffering the abuse that they have in fact been subjected to psychological abuse so it includes threats of physical or sexual abuse and it also includes particularly we find in this bill sue in relation to people who are already vulnerable of course by definition a victim of abuse is vulnerable but the bill does actually set out that there are particular categories of people who are already vulnerable and whose vulnerability is therefore multiplied by the situation of being abused in such a way as for example we’re by a person is unable to withdraw themselves from the key or charge of another and there might be the removal or hindering or the threat of a removal or hindering of an aid or device that effects or supports that person’s quality of life so there example is important it is important that it is an example when in in that we’re not narrowing the effect of the legislation there’s been some considerable effort I note from reading the commentary to ensure that the examples don’t limit the scope of the bill and that shows to me sure that some care has gone into this piece of legislation that as wide as possible application will be head and that is indeed a positive thing I’d like to take a moment sir to acknowledge the fact that there are factors that are outside the ambit of the bill not by reason of it having been drafted in a way that is limited except to say that all law is limited in the sense there as a society as a community indeed is families and far no we must own the issues as the saying goes in a way that acknowledges that with all the best will in the world of the Parliament and it seems that the Parliament does so far unanimously support this bill there there are factors outside the ambit of the law things that we do need to take ownership of and do outside of the legislative framework with that in mind I note that in the regulatory impact statement there are a number of key constraints set out non regulatory options were considered bets and the scope of the review that had led to this bill being crafted was not focusing on those explicitly or exclusively there was some discussion as well mr. speaker about the quality of the evidence base and it was noted that there are a number of range of excuse me there was a range of factors that can tribute to perhaps the lack of understanding of what family violence might be an obvious reason for that might be burr because such violence takes place behind closed doors almost by definition and that there has been historically low reporting of such incidences looking further down on the agency disclosure statements here we see that it’s noted that there will be no doubt an increased demand for services as a result of this bill there is a good problem to heaven itself if it’s the case that more services are required to give a fix to helping those to end situations of abuse but we do then face the conundrum of being unsure with a an increase in services being required to reflects the fact that there is better reporting greater acknowledgement and indeed better assistance being given as distinct from an increase in the rate of violence or abuse so there is something that we must remain vigilant about here as lawmakers and indeed as a society as a whole and it goes to the point that was highlighted I think very well by various colleagues earlier about the name of the bill and acknowledging that a disagreement including physical sexual or psychological abuse is not merely a domestic matter not merely behind closed doors and that a man’s home or indeed a person’s home is not his or her castle in a way that should preclude us from taking an interest and taking action in these cases with my remaining time sir I’ll simply note that the bill has undergone considerable scrutiny in its time so far having reached us now over a period of some months no doubt there will be more that’s appropriate for such an important area of legislation as this and I look forward to hearing from other colleagues in continuing to see this bill passage through the house I call Priyanka Radha Krishna then upgrade the manufacturer and

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