| Ram Raid Offending and Related Measures Amendment Bill | |
|---|---|
 | |
| New Zealand Parliament [1] | |
| Legislative history | |
| Introduced by | Ginny Andersen [2] |
| First reading | 29 August 2023 [1] |
The Ram Raid Offending and Related Measures Amendment Bill is a proposed New Zealand Act of Parliament that would add ram raids and other "smash and grab" offenses to the Crimes Act 1961 and give Police the power to prosecute juvenile ram raiders including 12 and 13-year olds. [2]
The Bill amends the Crimes Act 1961, the Criminal Investigations (Bodily Samples) Act 1995, the Oranga Tamariki Act 1989 and the Sentencing Act 2002 to make ram-raiding a specific offense and to strengthen legal penalties against ram raiders.
Ram-raiding was perceived as becoming an epidemic in New Zealand during the 2020s. In July 2022, Radio New Zealand reported a 400% increase in ram raids between 2017 and 2022; with 76% of those arrested being under the age of 18 years and 14% having connections to organised crime. Key driving factors included the influence of social media, dysfunctional family backgrounds, lack of role models, and poverty. [4] Most vehicles used in ram-raids are used ex-Japan models such as the Mazda Demio, Mazda Atenza, Nissan Tiida and Toyota Aqua; these cars are easy to steal due to Japan's low crime rate and therefore low uptake of anti-theft measures such as immobilisers. [5] The New Zealand Police took enforcement action against 37% of the ram raids; with 61% of offenders being prosecuted and another 39% being referred to youth agencies. [4] In 2022 alone, police recorded 516 ram raids and apprehended 708 offenders; with 495 being under 17 years, 70 under 13 years, and 88 being adults. [6]
In response to ram raids, the Labour Government allocated NZ$6,000,000 for the Police's Small Retailer Crime Prevention Fund in late August 2022. The fund allows stores to purchase protective equipment such as shatterproof glass, bollards, fog cannons, and roller doors to counter ram raids. [7] By March 2023, over NZ$2,000,000 had been spent from the fund. [6] Police Commissioner Andrew Coster expressed concern about police difficulty with prosecuting juvenile offenders. Prime Minister Jacinda Ardern stated that the Government preferred alternatives to incarcerating youths in order to reduce reoffending. [8] By contrast, opposition ACT party leader David Seymour has advocated fitting youth offenders with ankle bracelets to counter ram-raids and robberies. [9] Similarly, the opposition National Party leader Christopher Luxon has advocated sending young ram-raiders and other serious youth offenders to military-style boot camps. [10]
On 29 August 2023, the Ram Raid Offending Bill passed its first reading. Its sponsor Justice Minister Ginny Andersen argued the Bill would address the recent rise in ram raiding, "smash and grab" crimes, and youth crime by giving Police and courts greater powers to prosecute these crimes and deal with 12 and 13 year old youth offenders. The National and ACT parties supported the Bill, with Paul Goldsmith, Mark Mitchell, Chris Baillie and Simon O'Connor describing the bill as an overdue mechanism needed to address retail crime and youth offending. By contrast, the Bill was opposed by the Green Party and Te Pāti Māori. Green MP Golriz Ghahraman argued a tough on crime approach towards retail crime and youth offending would not work and objected to taking bodily samples from 12 and 13 year old suspects. Māori Party co-leader Debbie Ngarewa-Packer disagreed with taking a punitive approach to youth crime and advocated focusing on addressing poverty and mental health issues among offenders. [2] [11]
That same day, Attorney General David Parker expressed concerns that the Ram Raid Offending bill breached the New Zealand Bill of Rights Act 1990 on three grounds: the right of a child to be dealt with in an age appropriate way, the right to be free from unreasonable search and seizure, and the right to freedom of expression. [12]
During a Justice select committee hearing on 12 March 2024 Pride Project members Aaron Tyree and Eryka Kiri, Voyce national spokesperson Tupua Urlich, YouthLaw general manager Darryn Atchison and New Zealand Law Society representatives Dale Lloyd and Professor Jermey Finn criticised the proposed Bill, which they described as punitive and failed to address the causes of crime including poverty and dysfuncfional families. Lloyd said the proposed legislation breached internarional conventions on children's rights while Finn criticised the vague wording on those liable for ram raid offenses. [13]
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
ACT New Zealand, also known as the ACT Party or simply ACT, is a right-wing, classical-liberal and conservative political party in New Zealand. It is currently led by David Seymour, and is in coalition with the National and New Zealand First parties, as part of the Sixth National government.
Ram-raiding is a type of burglary in which a heavy vehicle is driven into the windows or doors of a building, usually a department store or jeweller's shop, to allow the perpetrators to loot it.
Child, Youth and Family, was the government agency that had legal powers to intervene to protect and help children who are being abused or neglected or who have problem behaviour until it was replaced by a new Ministry for Vulnerable Children in April 2017. CYF worked with the Police and the Courts in dealing with young offenders under the youth justice system. It provided residential and care services for children in need of care and protection and for young offenders. CYF assessed people who wished to adopt children and it reported to the Family Court on adoption applications. CYF facilitated the exchange of identifying information for parties to past adoptions. The agency also funded community organisations working with children, young people and their families to support the community's role in protecting and helping children.
Boot camps are part of the correctional and penal system of some countries. Modeled after military recruit training camps, these programs are based on shock incarceration grounded on military techniques. The aggressive training used has resulted in deaths in a variety of circumstances. Boot camps are also criticized around the world for their lack of behavioral change and for the way extreme force can traumatize children and teenagers.
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Oranga Tamariki, also known as the Ministry for Children and previously the Ministry for Vulnerable Children, is a government department in New Zealand responsible for the well-being of children, specifically children at risk of harm, youth offenders and children of the State. It is the successor agency of the former department, Child, Youth and Family (CYF).
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