Minister: Annette King

Regional Fuel Levy details announced

beehive.govt.nz — Tue, 07 Oct 2008 09:13:02 +1300

A range of significant Auckland transport projects, including Auckland passenger rail electrification, have been given a green light with the Government's decision to approve Auckland's regional fuel levy scheme, Transport Minister Annette King said today.

"Funds will also go to improving Auckland's ferry terminals, developing an integrated public transport ticketing system, and constructing a new road linking the Whangaparaoa Peninsula to State Highway 1 at Redvale (Penlink)."

The levy, to be levied on petrol and diesel within the Auckland region, will be phased in over three years, starting with 2 cents per litre of fuel from July 2009, 5 cents from July 2010 and 9.5 cents from July 2011 through to 2039.

The levy is expected to raise around $110 million a year once the full 9.5 cent levy is being collected.

"Regional fuel levy is an additional funding tool available to regions for transport projects they have identified as high priority, but that will not reasonably be funded from any other source in the timeframe desired," Ms King said.

"The Auckland Regional Council has identified the $1.25 billion rail electrification project, improving ferry terminals and an integrated ticketing system as high priority projects to benefit the region and an electrified rail network in particular will lead to faster, quieter and more frequent rail services for the Auckland region.

"Penlink was identified by the Rodney District Council as a priority north of the region to create a better link between the Whangaparaoa Peninsula and Auckland. It also ensures that the benefits of regional fuel levy are more widely distributed across the region."

Ms King congratulated the Auckland Regional Council and Rodney District Council for their successful proposals.

"The Government is already forecast to provide more than a billion dollars in Auckland land transport infrastructure this year, but this levy will see other high priority transport projects of the Auckland region realised much faster than they could have been otherwise."

Contact: John Harvey (04) 471 8305 or John Saunders (04) 470 6851.

Questions and answers

What is regional fuel levy?

Regional fuel levy is a levy levied on petrol and diesel at a regional level. A refund system will operate in certain circumstances where the fuel is used for non-road purposes e.g. fuel used in farm vehicles.

What are the benefits of a regional fuel levy?

Regional fuel levy is an additional funding tool available to regions for high priority transport capital projects that will not reasonably be funded from any other source in the timeframe desired by the region.

Can regional fuel levy be used to fund operating costs?

No. Regional fuel levy cannot be used to fund operating costs such as road maintenance or public transport services.

Why does the Government not pay the costs of these projects?

There are a number of projects which sometimes cannot be funded out of the national land transport fund often due to a combination of their cost, and the very long timeframes required to repay construction debt.

Does a region have to levy a regional fuel levy?

No. Regional fuel levies are not mandatory. It will be up to each region to decide whether they wish to levy a regional fuel levy.

Why can't these projects be paid for by regional levyation mechanisms such as property rates?

Regional fuel levy is a funding source of last resort. It can be used to fund transport capital projects only when a region considers that full funding for those capital projects will not reasonably be available within the timeframe they desire.

How much can the levy be?

It is generally up to a region to decide the proposed level of fuel levy in their region. The levy may vary from 1 cent per litre of fuel up to a maximum of 10 cents per litre of fuel. For Auckland, the region can propose a regional fuel levy of up to 5 cents per litre of fuel and the Ministers of Finance and Transport can identify projects to be funded by up to five cents per litre of fuel. A region must always consider phasing the levy in any scheme to mitigate the financial impact on the people in the region and legislation states that a regional fuel levy cannot exceed 2 cents per litre of fuel in 2009 and 5 cents per litre of fuel in 2010.

Is there a maximum levy that may be levied?

Yes. A regional fuel levy may not exceed 10 cents per litre of fuel.

Why is the same levy rate not applied across the country?

Regional fuel levy provides regions with an opportunity to match the level of levyation in their region with the level of expenditure proposed for capital projects which are a priority for their region. The rate of regional fuel levy is set by the region.

Who decides how much levy will be levied in each region?

The regional transport committee of a region is responsible for preparing a regional fuel levy scheme, except in Auckland where the Auckland Regional Council is responsible for preparing the initial scheme. The scheme must state the proposed rate of levy and identify the projects or group of projects that will be funded by the levy.

Can a region immediately introduce a levy of 10 cents per litre?

No. A regional fuel levy levied in 2009 may not exceed 2 cents per litre of fuel and in 2010 it may not exceed 5 cents per litre of fuel. From 2011 onwards a region must consider phasing the levy to mitigate the impact of the levy on the people resident in the region.

Does GST apply in addition to regional fuel levy?

Yes. GST applies to all goods and services based on their final retail price. All levy that contributes to that final retail price is subject to GST, including any regional fuel levy component.

When can a region implement a regional fuel levy?

Regions that wish to implement a regional fuel levy first need to prepare a regional fuel levy scheme which will then need to be considered and approved by the Ministers of Finance and Transport. The effect of legislation is that a region can only start collecting the levy (once the scheme is approved) at the beginning of a financial quarter (i.e. 1 January, 1 April etc) and not before 1 July 2009.

How will the levy be spent?

Regional fuel levy may only be spent on transport capital infrastructure e.g. new roading, railway stations and rolling stock. A regional fuel levy scheme must identify projects and state the allocation of revenue between each project.

Can all of the levy be spent on roading?

No. Up to 5c may be spent on roading used for general traffic within the overall 10 cent limit. This will ensure that funding for walking and cycling facilities, bus lanes and high occupancy vehicles is not crowded out by demand for general traffic.

Does the levy have to be spent on projects in the region where it's collected?

No. A region can decide to fund a project in another region. The region would need to decide that the project they are funding is of sufficient benefit to their region to warrant that expenditure.

Who collects the levy?

The New Zealand Transport Agency collects it.

Who pays the levy to the Agency?The levy must be paid by any person who supplies fuel to a retail destination located in a region subject to a regional fuel levy. Most of these people will be established fuel distributors.

In what circumstances can a claim for a refund of a regional fuel levy be made?

Refunds of regional fuel levies can be claimed for fuel that has been used for non road purposes by a commercial, charitable or public sector organisation e.g. fuel used in farm vehicles.

How can a claim for a refund be made?

Applications for refunds will be processed by the New Zealand Transport Agency. The Agency will require proof of purchase of the fuel and will need to be satisfied that the amount claimed is for levy paid on fuel used for non-road purposes.

How much is the Auckland regional fuel levy and when will it start?

The levy will be phased in over three years, starting with 2 cents per litre of fuel in July 2009, rising to 5 cents per litre of fuel in July 2010 and 9.5 cents per litre from July 2011 through to 2039.

How much levy will be collected?

Net revenue after refunds and administration costs is expected to be between $95m and $140m a year once the full 9.5 cents is being collected.

How will regional fuel levy be used to pay for the cost of the projects?

The cost of construction will be met by borrowing. Regional fuel levy revenues will be used to meet the cost of that borrowing.

What projects will be funded?

The main project that will benefit will be the Auckland passenger rail electrification project which will get 8 cents of the regional fuel levy revenue when the regional fuel levy rate is 9.5 cents. 1 cent will be used to construct a new road linking the Whangaparaoa Peninsula to State highway 1 at Redvale (Penlink) and 0.5 cents will go toward improving ferry terminals and developing an integrated public transport ticketing system. Projects are described in more detail in Appendix A

How much will each of these projects cost?

Above-track rail electrification: approx $500 million
Non-electric rolling stock: approx $150 million
Rail system upgrade: approx 100 million
Ferry wharves and integrated ticketing system for buses and ferries: approx $ 110 million
Below-track electrification: approx $500 million
Penlink: approx $180 million

Will revenue from the Auckland regional fuel levy meet the total cost of each project?

The projects will be funded as follows:

Above track electrification --- 100% regional fuel levy
Non-electric rolling stock project --- 67% regional fuel levy, 33% Auckland Regional Holdings
Rail system upgrade --- 79% regional fuel levy, 19% Auckland Regional Holdings, 2% New Zealand Transport Agency
Bus, ferry and integrated ticketing system --- 37% regional fuel levy, 10% Auckland Regional Holdings, 53% New Zealand Transport Agency
Below track electrification --- the Crown will fund the borrowing and repay the capital cost, Regional fuel levy will meet the interest payments on this borrowing
Penlink --- 80% regional fuel levy, 20% Rodney District Council

Why rail?

New electrified rolling stock will lead to faster, quieter and more frequent rail services for the Auckland region.

Why Penlink?

PenIink was identified by the Rodney District Council as a high transport priority in the north of the region. Funding Penlink ensures that the benefits of regional fuel levy are more widely distributed.

Which agencies get the money?

The rail funding will be divided between the Auckland Regional Council who will buy new trains and stations and ONTRACK who will provide the cabling and signalling that these trains will use. The ferry terminals and integrated ticketing money will also go to the Auckland Regional Council. The New Zealand Transport Agency will receive the money for Penlink.

Why has Auckland's regional fuel levy scheme been developed by the Auckland Regional Council?

The Auckland region was more advanced in its preparation of a regional fuel levy proposal than other regions. The Auckland regional transport committee agreed that the Auckland Regional Council should prepare the initial scheme to reduce the time required to develop it.

Why is there is provision in the legislation for the Crown to set five cents of the Auckland regional fuel levy?

This arrangement reflects the distribution of rail electrification costs between the Auckland region and the Crown.

How is the Auckland region defined?

For the purposes of regional fuel levy, the region extends from the northern boundary of the Rodney District Council to the southern boundary of the Franklin District Council.

APPENDIX A

ARC projects

(a) Above-track rail electrification project (estimated cost - $500m), which includes -

(i) 35 four car electric multiple units; and

(ii) the development of a long term stabling and maintenance depot; and

(iii) additional infrastructure and rolling stock as required; and

(iv) contingency and project management costs; and

(b) the non-electric rolling stock project (estimated cost - $150m), which includes-

(i) rebuilt carriage trains; and

(ii) rolling stock capital renewals; and

(iii) overrun protection on train equipment; and

(iv) contingency and project management costs; and

(i) reconstruction of the Newmarket railway station; and

(ii) refurbishment of the Newmarket heritage station; and

(iii) a Manukau rail link station and above track works; and

(iv) new and upgraded stations for Parnell and New Lynn; and

(v) stations and above track works on the Onehunga Line; and

(vi) station works at Kingsland and Morningside; and

(vii) temporary platforms and permanent stations at Helensville, Waimauku and Huapai; and

(viii) a real time passenger information system for rail; and

(ix) contingency and project management costs; and

(d) bus, ferry, and multimodal infrastructure project (estimated cost - $110m), which includes-

(i) upgrades to ferry terminals at Bayswater, Beach Haven, Downtown Auckland, half Moon Bay, Hobsonville, Birkenhead, Stanley Bay, and West Harbour; and

(ii) upgrade to access at Gulf Harbour ferry terminal; and

(iii) smart card integrated ticketing; and

(iv) a real time passenger information system for bus and ferry services; and.

(v) contingency and project management costs.

Additional projects

(a) Below-track rail electrification project (estimated cost - $500m), which includes-

(i) the construction of an overhead catenary system and provision of the required power supply; and

(ii) signalling immunisation works; and

(iii) bridge and clearance modifications; and

(iv) contingency and project management costs; and

(b) The Penlink project (estimated cost - $180m), which includes-

(i) a two lane road between the Whangaparaoa Peninsula and State highway 1 at Redvale, including a crossing of the Weiti River; and

(ii) a new motorway interchange at Redvale connecting the Weiti Crossing to State highway 1; and

(iii) realignments and widening on East Coast Road at the new intersection with the Weiti Crossing; and

(iv) widening Whangaparaoa Road between Brightside Road and Arklow Lane, including the intersection with Weiti crossing; and

(v) contingency and project management costs.

Auckland Transport developments

beehive.govt.nz — Tue, 07 Oct 2008 09:10:14 +1300

Speech notes for sod turning ceremony: start of construction of SH18 Hobsonville deviation & SH16 Brigham Creek extension motorway projects. 23 Trig Rd, Hobsonville, Waitakere City, Auckland

Tuesday 7 October 2008 is a date that will be remembered as one of special significance in Auckland's transport history.

To start with, we are all here to celebrate the beginning of another milestone Western Ring Route project and the major impact this project will have on Auckland's transport infrastructure.

And I have an announcement to make shortly that will have a profound impact on the future of that infrastructure, but you will have to wait another few minutes before I talk about that.

I want to acknowledge a number of people who are here today, including my old friend, Waitakere City Mayor Bob Harvey, North Shore City Mayor Andrew Williams, and also Tommy Parker, the Acting Regional Manager for the New Zealand Transport Agency. I also want to thank everyone else here who is committed to helping make this Government's vision for Auckland transport a reality.

Today's event --- the sod-turning for the $220 million State Highway 18 Hobsonville Deviation and Brigham Creek extension ---- represents a key stage in that transport equation for the Auckland region.

This project will see a six kilometre, four-lane motorway from the end of the Northwestern Motorway at Hobsonville Road to the western end of the Upper Harbour Bridge, and a three kilometre two lane extension of State Highway 16 Northwestern Motorway to Brigham Creek Road.

The scope of this project is huge in anyone's book -- nine kilometres of new motorway, five new interchanges, five new bridges, one pedestrian footbridge, four new roundabouts and a flyover at Hobsonville Road.

When it is completed in 2012, the Hobsonville deviation will connect the Northwestern motorway to the Greenhithe deviation and the Upper Harbour Bridge, to create State Highway 18, thereby finishing a significant section of the Western Ring Route.

As you know, the Western Ring Route will provide a much-needed alternative to State Highway One between Manukau City and Albany.

It will ensure quicker and safer travel between North Shore, Waitakere, Auckland and Manukau cities. It will also play an important role in reducing central Auckland motorway congestion, by enabling traffic to completely bypass the Auckland Harbour Bridge.

Improving Auckland's transport network is a key goal for our Government, and in this year the Government, through the National Land Transport Programme and Vote Finance, will investment more than $1 billion in Auckland transport.

Of that, $170 million is forecast to be spent on local roads; $490 million on State highways; and $350 million on public transport.

Last week, Prime Minister Helen Clark announced that funding and construction of Auckland's $195 million replacement Newmarket Viaduct has been approved by the New Zealand Transport Agency Board.

This decision will see construction get underway as soon as next month with completion scheduled for 2013, enabling a vital improvement not just in Auckland's motorway network, but also the country's premier state highway route.

The Newmarket Viaduct project will see the existing six-lane bridge replaced by a 690 metre-long, seven-lane structure, incorporating an additional southbound lane and making provision for an additional northbound lane to be added in future if traffic volumes warrant it.

Construction will be staged, allowing the motorway to remain operational throughout.

The extra southbound lane will be available to motorists part way through construction, meaning some of the benefits of the project will be felt before it is even completed, and, importantly, in time for the 2011 Rugby World Cup.

Not only will the construction of the viaduct result in the reduction of congestion on this stretch of road, and bring it into line with modern international road safety standards, it will also help unlock the benefits of the Central Motorway Junction improvements by contributing to wider traffic flow improvements.

And now I want to turn to that other history-making announcement I promised a few minutes ago.

As you know, the Government has introduced a number of initiatives that it believes will allow decision-makers to advance decisions that improve Auckland's transport future.

In August, Parliament passed the Land Transport Management Act that enables a regional fuel levy. This fuel levy is an additional funding tool available to regions for high priority transport projects that will not reasonably be funded from any other source in the timeframe desired by the region.

And today I am pleased to announce that Cabinet has agreed to an Order in Council approving the Auckland Regional Council request for an Auckland regional fuel levy. This levy will fund a number of projects in the Auckland region.

The levy will be phased in progressively from July 2009 at an initial rate of two cents per litre in 2009, five cents per litre from July 2010 and 9.5 cents per litre from July 2011.

The levy will apply for 30 years (2039), enabling the revenue to be used to meet the cost of borrowing for priority capital projects.

Regional fuel levy will bring forward projects that local representatives view as a priority for the region.

The Auckland scheme includes a range of projects, dominated by the Auckland passenger rail electrification project being undertaken jointly by the Auckland Regional Council and the Crown. Rail projects will account for eight cents of the levy.

Other projects will be part funded by regional fuel levy and progressed in partnership with other funding sources secured by project partners.

Included in these projects are Penlink, which will receive one cent of the levy, and improvements to ferry wharves and integrated ticketing, which will receive about half a cent of the regional fuel levy revenue.

And, of particular interest to this part of the wider Auckland region, New Lynn station is one of the bundle of railway stations that will benefit from regional fuel levy. New Lynn has been the focus of negotiations between the ARC, Waitakere City Council and ONTRACK for some time, and I'm pleased at the recent progress that has been made.

I understand an agreement has been reached between the ARC, ARTA and central government that the station redevelopment known as Option B will go ahead. My colleague, New Lynn MP David Cunliffe, will have more to say about the station at midday today, but I believe the agreement on an improved New Lynn station will serve the residents of New Lynn well for many years.

The agreement shows what can be achieved when local, regional and national agencies work together to advance a common goal.

Rail electrification will include $650 million for improved rolling stock, $100 million in additional station improvements, and $500 million in necessary track improvements. The ARC will be responsible for the improvements to the rolling stock and stations, and the Crown, through ONTRACK, will be responsible for the track work.

New electrified rolling stock will lead to faster, quieter and more frequent rail services. Electrification will receive over 75 percent of the regional fuel levy revenues.

Penlink, linking the Whangaparaoa Peninsula to State Highway 1 at Redvale will be undertaken as an un-tolled road by the Crown in partnership with Rodney District Council. Penlink is the only road project included in the regional fuel levy scheme.

Rodney District Council has developed the Penlink proposal over the last 10 years as a potential toll road, and estimated that the road would cost $180 million to $200 million depending on the option preferred.

The tolling option would, however, have destroyed more value than it added.

The Government, however, recognises that Penlink, in its non-tolled form, warrants priority and has therefore committed to progressing Penlink as a joint funding partnership with Rodney District Council.

This funding partnership will avoid the disadvantages of tolling, secure the local contribution envisaged in Rodney's tolling proposal, and get full value from the public expenditure involved.

Regional fuel levy is expected to provide about 80 percent of the project costs estimated by Rodney District Council. The Council will provide the balance.

Given the Crown's dominant funding role in this project I anticipate that Penlink will become a state highway, and will be developed in partnership with Rodney District Council by the New Zealand Transport Agency.

I am confident that the Auckland regional fuel levy will add significantly to the quality of infrastructure in this region at a much faster rate than would have been possible without the levy.

Auckland deserves world-class facilities and infrastructure, and the Government is committed to working with you to achieve just that.

Thank you again for inviting me to join you at today's event. I am looking forward to the sod-turning, and wish everyone involved with this project all the best as the work is developed and completed.

Thank you.

CARPARK+ Safer Parking pilot programme launched

beehive.govt.nz — Thu, 02 Oct 2008 08:40:57 +1200

Justice Minister Annette King today launched the pilot programme for CARPARK+ Safer Parking, a scheme aimed at reducing vehicle crime and fear of crime in parking facilities.

Ms King said that CARPARK+ will provide a practical tool for reducing both crime and fear of crime in car parks, and will encourage improvements in parking facilities.

"Vehicle crime costs New Zealand an estimated $60 million annually and accounts for 16 percent of total recorded crime. This scheme is aimed at reducing both opportunistic and professional vehicle crime.

"It will provide guidance and incentives to owners, operators, and developers of new and existing parking facilities to establish and maintain a safe and secure parking environment, and most importantly, it will allow the public to make informed decisions about their choice of parking facilities, thereby using market forces to promote safer and more secure car park environments."

The initiative is part of the Vehicle Crime Reduction Programme and encourages parking facilities to meet specific safety criteria guided by the principles of Crime Prevention through Environmental Design. Facilities that meet the CARPARK+ standards will be recognised as ‘safer parking' facilities, indicating that they have measures in place to reduce levels of crime and fear of crime.

Ms King said the pilot is being led by the Ministry of Justice in conjunction with Police, Auckland City Council, Waitakere City Council and Hutt City Council over twelve months beginning today.

Multi-agency groups will assess car park facilities using the principles outlined in the CARPARK+ Safety Manual compiled by Auckland City Council, she said.

Contact: John Harvey (04) 471 9305; John Saunders (04) 470 6851.

Questions and Answers

Why target vehicle crime?

Vehicle crime is defined as theft of and from vehicles, and is a significant problem in New Zealand. In 2007 there were 66,796 recorded thefts of and from vehicles. This was 16 percent of total recorded crime. It is estimated that 70 percent of car thefts are opportunistic, including joyriding and stealing a vehicle to commit another offence. Professional vehicle crime, which involves stealing cars and/or their identity for profit, is thought to account for 30 percent of vehicle crime. The International Crime Victim Survey (2007) ranks New Zealand as the worst country for thefts from cars. This survey compared 30 countries in 2004 and 2005.

How will CARPARK+ make car parks safer for people?

The safety features for this initiative have been derived from Crime Prevention through Environmental Design (CPTED) principals, which focus on reducing the opportunities for crimes to be committed. The four key principals employed in the CPTED guidelines are:

Surveillance --- includes features such as car park layout and design, lighting levels, technical supervision and vegetation maintenance.
Access control --- includes making the number of entry and exit points to and from car parks clearly visible and easily accessible, keeping entry and exit points to a minimum and designing a vehicle access system to clearly delineate vehicle and pedestrian routes.
Territorial reinforcement --- uses boundary markers to communicate to people where they should and should not be and what activities or actions are appropriate for an area.
Space and activity management to create quality environments --- includes vandalism eradication policies, vegetation maintenance policies and management policies.

The CPTED guidelines were developed by the Ministry of Justice for those involved in planning, designing and managing publicly accessible places. The National CPTED Guidelines define seven qualities that characterise well-designed, safer places and form the basis for the Safe Car Park Guidelines.

What are the benefits to owners and operators who participate in this pilot?

Owners and operators will be making a commitment to their customers by providing a high quality parking facility that is perceived as safe and has measures in place to reduce the level of crime. They will belong to a proactive scheme to reduce crime and improve public service, and as the scheme gains public awareness, motorists may choose car parks that meet the CARPARK+ standard when selecting where to park.

What is the cost of being part of CARPARK+?

The cost will be uniform across New Zealand and are likely to include charges for an audit against the criteria within the CARPARK+ Safety Manual; an on-site assessment; preparation of reports and feedback to verify necessary actions; and issue of a certificate and signage to acknowledge the standard has been met. Costs are yet to be established and will be identified through the life of the pilot.

What are the other components of the Vehicle Crime Reduction Programme (VCRP)?

The VCRP contains six initiatives that are progressing towards implementation.

Compulsory whole of vehicle marking (WOVM)

WOVM is a system that assigns a unique 17 digit vehicle identification number to each vehicle upon importation into New Zealand. These numbers, in the form of microdots, are placed on overt and covert parts of the vehicle to make it more difficult to alter the vehicles identity, and make it easier to recognise and identify stolen vehicle parts. It will apply to all new and used vehicles less than 8 years old that are imported after the regime comes into effect.

Compulsory Immobilisation

Immobilisers interrupt the power supply required to start an engine and can only be overridden by the correct electronic signal. They are recognised internationally as the best way to reduce opportunistic theft of vehicles. Compulsory immobilisation will apply to all new and used vehicles less than 8 years old that are imported after the regime comes into effect. This policy is currently being considered by Cabinet.

Comprehensive Auto Theft Research System Database membership (CARS)

The CARS database is an Australian crime research tool that integrates police, registration and insurance vehicle theft data. CARS is considered to be the world's most comprehensive and sophisticated vehicle crime research database. It allows Police and partner organisations to develop smarter, intelligence-led strategies targeting vehicle crime, and also helps tailor strategies to tackle local theft patterns. Although there are currently IT and information gathering issues that are preventing New Zealand joining the CARS database, work is progressing on attempting to make the systems compatible.

Enhanced Vehicle Deregistration System (EVDS)

EVDS is designed to make it difficult for criminals to use registration plates and vehicle identification numbers (VINS) from deregistered cars.

Vehicle Crime Reduction Action Group (VCRAG)

The proposed vehicle crime reduction group (VCRAG) would comprise senior representatives from government and industry and would:

implement and monitor the VCRP initiatives
recommend agency reforms and monitor progress
identify and recommend additional vehicle crime reduction initiatives

This group has not been established and the work is coordinated by officials groups that meet periodically to review the individual projects.

Agreement to corporatise Hawke's Bay Airport signed

beehive.govt.nz — Wed, 01 Oct 2008 14:00:23 +1200

Transport Minister Annette King says she and Finance Minister Dr Michael Cullen have signed the heads of agreement with the Mayors of Napier City Council and Hastings District Council to corporatise Hawke's Bay Airport.

The agreement sets out the terms on which the airport company will be established, and will inform the drafting of the company documents and the transfer of assets to the new entity.

Transport Minister Annette King said the agreement marked the beginning of a new era for the region.

"There are numerous benefits associated with corporatising the airport, including clearer governance, limited liability and the ability to borrow for investment," Ms King said. "Corporatisation will enable the airport to be operated more efficiently, and provide more flexibility to meet the airport's future requirements."

The new airport is expected to be fully commercial and there is no obligation under the agreement for the shareholders to provide additional funding.

The airport will continue to be owned 50 percent by the Crown, 26 percent by Napier City Council and 24 percent by Hastings District Council. The new airport company board will have two directors appointed by the Crown and two appointed by the Councils jointly.

Hawke's Bay Airport was established in 1963 as an unincorporated joint venture between the Crown and local councils.

Contact: John Harvey (04) 471 8305 or John Saunders (04) 470 6851.

Questions and Answers

What does corporatisation mean?

Corporatisation means that a new legal entity, an airport company, is created. The ownership of the airport business will be transferred to that new company and the councils and the Crown will both be shareholders of the company. This means that central government will still retain its 50 percent stake in the airport, but as a shareholder. Corporatisation also means a change of the governance structure of the airport. A company board appointed by the councils and central government in proportion to their shareholding in the airport will be in charge of the operation of the airport.

What difference will airport users see?

Corporatisation will have no effect on the day to day running of the airport. Some differences may be apparent over time, such as the level of investment in airport assets (the company will have greater ability than the joint venture to raise funds).

Is this privatisation and does it mean Hawke's Bay airport could be sold?

No, this is not privatisation. The airport will remain in public ownership operated by a company board appointed by the councils and central government. Councils and the Crown can decide to sell their respective shares in the airport in the future, but this will be subject to rights and conditions as set out in the agreement.

What conditions or limitations will there be on shareholders selling shares?

Under the agreement, both the councils and the Crown will have normal pre-emptive rights; that is, they will have the first chance to buy each other's shares if they become available for purchase. The only exception is that the Crown could transfer all or part of its shareholding as part of a Treaty settlement without triggering the councils' pre-emptive rights. The Crown and the Councils will also each have special Kiwishares which will give them the opportunity to veto sale of shares in the airport to overseas interests if they wish. They can continue to own their Kiwishares even after they have disposed of their main shareholding.

Why does the agreement mention a possible Treaty settlement?

A local claimant group has a cultural and historical interest in land that underlies and surrounds the airport. The Waitangi Tribunal recommended in its report on the WAI 55 claim that the Crown's interest in the airport should be considered as a possible part of future settlement of the claim. The Crown has protected its ability to use its interests in the airport for a future Treaty settlement by retaining the right to transfer its shares to claimants. It has also retained a first option to repurchase land which it contributed, if it is no longer needed by the airport. Most of the airport land, however, will be leased by the airport company from the councils.

What was the role of Treaty claimants in the corporatisation process?

Both the Crown and the councils have talked with Treaty claimants to establish what the nature of their interest is in the land and the airport business, in order to ensure that those interests are protected.

What needs to be done for a runway extension to proceed?

The board will need to assess the business case for a runway extension and also the options available to the company to raise the necessary revenue to fund an extension. If the board thinks it appropriate, they would then need to seek the approval of at least 75 percent of the shareholders because the runway extension would be a ‘major transaction' as defined in the Companies Act 1993. In practice, this is likely to mean all the shareholders need to agree.

Who will manage the government's interest and how?

The Crown Company Monitoring Advisory Unit (CCMAU) will monitor the performance of Hawke's Bay Airport. It is already responsible for monitoring Crown shareholdings in Christchurch, Dunedin and Invercargill airports. CCMAU will provide advice to Ministers on the performance of the airport and recommend suitable persons to sit on the board to represent government interests. The government shares in the other three corporatised airports are Christchurch (25 percent), Dunedin (50 percent) and Invercargill (45 percent).

Will landing and other charges increase? Who sets these charges?

The airport company will be responsible for setting landing and other charges. The airport company's board will also be responsible for deciding whether charges should increase and the level of any increase. The airport company must consult its major customers when it resets its charges.

Does the airport have to make a profit? Who gets the profit?

Under the Airport Authorities Act, any airport operated by an airport authority is required to operate as a commercial undertaking. Corporatisation doesn't change this. Profits will be reinvested into the company or distributed to shareholders as a dividend. Any dividend will be decided by the board and will depend on a number of factors, such as the company's financial performance and expected cash flow.

How will board members be selected, and what will they be paid?

There will be four directors, two appointed jointly by the councils and two by the Crown. Remuneration of directors will be decided by the councils and CCMAU.

Who will have the casting vote?

There will be no casting vote.

Who are directors answerable to? What duties and powers will they have?

The board is accountable to shareholders as a group. Although appointed by different shareholders, all directors are required to place the company's interests above the interests of the party who appoints them. Their duties and powers will be those of normal company directors under the Companies Act 1993.

When will their appointment be announced?

They will be announced as soon as appointments are made.

When will the corporatisation process be completed?

Drafting the legal documents and getting approvals for land transfers, airport authority status and bylaws are expected to take several months.

Launch of Victims Information Resources

beehive.govt.nz — Thu, 25 Sep 2008 09:16:02 +1200

Thank you for joining me today for this special breakfast to celebrate the launch of three important Victims Information Resources:

· The Victims’ Charter

· The Victims of Crime Information Line, and the

· Victims Information Website.

When I became Justice Minister late last year I announced that one of my priorities would be improving support for victims, and in February I was pleased to be able to announce the development of all three of the initiatives we are celebrating today.

I hope you are as pleased as I am with the Charter booklet, leaflet and poster that have been produced.

I am also pleased to see so many familiar faces here today. The organisations you represent are at the forefront of providing services to victims of crime. Often your people are talking to victims and people affected by crime on a daily basis, providing information and support and helping them on their road to recovery.

I don’t need to tell you about the importance of providing victims with timely and relevant information, but I want to take a moment to set the scene for the products that are being launched today.

The 2006 New Zealand Crime and Safety Survey indicates that 39 percent of victims are unaware of the support services available to them, and that only 15 percent of victims have contact with support services.

These statistics, which include victims of both reported and unreported crimes, are staggering. They suggest to me that many victims of crime have gone without the support services they need because they simply haven’t known there were services available.

Victims of crime have a right to information about the services that can help them. They also have a right to information about the criminal justice system, its processes, and what they can expect when they become part of it. In fact, the justice system depends upon it.

Victims do not choose to be part of the criminal justice system but enter it because of the crimes committed against them. To be effective the justice system needs people to have confidence in it and be supported through the process.

It is no surprise that when victims are not provided with sufficient information about their rights, and the services that can help them, that they feel let down by the justice system; and this emerged as a significant theme in the Report of the Justice and Electoral Committee Inquiry into Victims’ Rights, completed last year.

The Victims’ Charter, Website and Information Line will help to address these issues. Of course, they are not a panacea to address all the needs of victims of crime, and the Government accepts there is still further work to be done.

What we are celebrating today is that “people affected by crime”, and by that I mean victims of crime, their families and whanau, now have three new sources of information about their rights and support services.

The essence of these resources is expressed in the Poutama of the Charter documents: this represents a forward transition from one point to another, a positive upward movement from darkness to light. We hope these resources will help people affected by crime to achieve that movement.

At a very practical level, these resources reinforce the strong legislative framework that is already in place for victims of crime in the Victims Rights Act 2002.

The Act makes it clear that a victim, or a member of a victim’s family with welfare, health, counselling, medical or legal needs arising from an offence, should have access to services that are responsive to those needs.

However, what is apparent to me, from the 2006 New Zealand Crime and Safety Survey, is that we still need to ensure that people are well informed about victims’ rights and the standard of service they can expect under the Act.

The Victims’ Charter is a statement of the standard of service “people affected by crime” can expect from government agencies. The Charter sets out in plain language the principles and rights contained in the Victims’ Rights Act in an accessible and concise format. It is an easy read. And, looking at the Poster, I am sure you will agree that it will be hard to miss.

The Victims of Crime Information Line and the Information Website are new contact points for people affected by crime that will provide information about their rights and the justice system and assist them to access support services.

The Victims of Crime Information Line is a national free phone that will operate 9am to 11pm 7 days a week, and today I can reveal the telephone number --- 0800 650 654.

The Information Line operators will be ready to take calls from 9am this morning.

The vision and purpose of the Information Line is to recognise the individual needs of victims, their family and whanau, and to help them access services that are appropriate to those needs.

The number will be well advertised, but I repeat it once more this morning --- 0800 650 654.

I mentioned just before that there is still further work to be done, and this work has already started.

The Ministry of Justice is undertaking a Review of Services for Victims of Crime focussing on making improvements to existing services.

The Victims’ Charter, Information Line and Website are the first step in the Ministry’s broader work programme to sustain and develop services and systems that are responsive to the needs of victims of crime.

This includes work to develop the role of an independent Victim Advocate in the Family Violence Courts, the development of a performance framework for restorative justice, and the now completed review of the Domestic Violence Act 1995 and related legislation.

The Review of Services for Victims of Crime also links into the work of The Taskforce for Action on Sexual Violence and The Taskforce for Action on Violence within Families, improvements to legislation, operational improvements and research projects.

In addition to the work being undertaken by the Ministry of Justice, the Government has asked the Law Commission to look into the issue of compensation for victims of crime.

The success of the work being undertaken for victims of crime relies on all of the organisations represented here today and many others.

The justice sector outcomes framework, which includes reducing the impact of crime, improving the resilience of those at risk of becoming victims, and supporting victims to recover, recognises that there are critical links to the broader social and community sector that provide and fund many of the services to support victims.

The collaboration and partnership between government and community organisations is critical to improving outcomes for people affected by crime.

The Victims Charter, Information Line and Website embody and demonstrate what can be achieved through this partnership.

I want to make a special mention of the Ministry of Justice team members who have been part of this membership. In one year they have got through an amazing amount of work, and I want to thank them most strongly for their contribution.

Just one year into my role as Justice Minister, I am delighted with what we have been able to achieve with these three initiatives --- and I thank all of you for your input into their development, and for joining me for the launch today. Thank you.

Third National Stopping Sexual Violence conference

beehive.govt.nz — Wed, 24 Sep 2008 10:34:41 +1200

I feel privileged to have been asked to open your conference today for at least two reasons.

The first, of course, is that the Taranaki Safer Family Centre is widely recognised as a key organisation in terms of the ongoing struggle to stop sexual violence in our communities, and I am proud of being able to play a role in your third national conference.

The second reason I feel privileged is that this week Parliament is sitting in urgency, and it is very difficult for MPs to get leave to attend events happening out of Wellington. I believe the fact that I was able to get leave without too much difficulty to come to your conference illustrates the priority the Labour Government places on the whole area of preventing sexual violence.

So thank you very much to Lorraine Jans, Bob Stevens and staff of the Taranaki Safer Family Centre for inviting me to join you today.

Prime Minister Helen Clark, who would have enjoyed being able to attend here herself, has asked me to pass on her best wishes for the conference, and to thank you for your work.

This National Stopping Sexual Violence Conference 2008 is the third national forum for health professionals working in the area of sexual violence, and it says much for the inspiration, hard work, energy and commitment that the Taranaki centre represents that this is, in fact, the only such national forum that allows health professionals to meet, network, exchange ideas and receive training and support.

It is crucially important that a forum such as this exists. The level of sexual violence in communities around New Zealand remains a major concern. It is experienced by 19 percent of women and 5 percent of men, and is believed to be significantly under-reported to police. In fact, the 2006 New Zealand Crime and Safety Survey suggests that only nine percent of sexual crimes are reported each year.

Clearly, therefore, the more conferences like this can make New Zealanders aware just how serious the issue of sexual violence is, the more likely it is that victims will feel enabled to report what’s happening to them.

The theme of this conference is certainly apt --- “Hurt-Hope-Health”. The speakers and workshops will explore the hurt associated with sexual violence; will examine how to raise hope for the future; and how to restore health for those whose lives are affected by sexual violence in our communities.

I am pleased to see so many people here from all parts of New Zealand who are dedicated to helping heal and rehabilitate victims and offenders, their families and communities.

The conference is also important, of course, as a celebration of the 20^th anniversary of the formation of the Taranaki SAFER Family Centre. Congratulations to all of you who have shared the centre’s history on the way to creating this milestone.

It is a tribute to all of you, staff, volunteers and the Taranaki community that your organisation has grown and developed from a group of concerned community members with a vision for better sexual violence related services to a centre that now offers a full range of counselling services and programmes.

It is appropriate to commemorate the twentieth anniversary at this conference, because, as I said, your centre initiated and organised the inaugural National Stopping Sexual Violence Conference in 2002, and the following conference in 2005.

Taranaki SAFER Family Centre shows, through its ongoing commitment to these national forums, that it is not only dedicated to creating a safer society within its own region but to helping others create safer environments in other parts of New Zealand too. Thank you for providing the opportunity for this to take place.

I particularly want to welcome and thank the keynote speakers, Louise Nicholas, survivor advocate and author, and Nigel Latta, clinical psychologist and author. Thank you both for your time and for the valuable input you will provide over the next three days.

As lead Minister of the Sexual Violence Ministerial Group and as Minister of both Police and Justice, clearly the issue of addressing sexual violence is amongst my highest priorities. I am committed to making real progress in this area, and I feel privileged to play a part in what I believe is an important change in how sexual violence is addressed in this country.

This change was initiated through the recognition that no government can work to solve the problem of sexual violence on its own. The issue is too complex and requires the Government to work much more closely and cooperatively with the community sector than has perhaps happened in the past.

The Government established the Taskforce for Action on Sexual Violence in July last year as a mechanism for such a community-government partnership to develop.

Some of you may have taken part in the hui held in Wellington between government officials and community representatives in March last year.

That hui marked an important step in the government-community partnership. It provided a forum for gaining community views and expert advice on the shape and scope of the Taskforce itself.

This feedback and advice ultimately developed into the Terms of Reference for the Taskforce and contributed to the identification of priorities for the Taskforce work programme.

Following the hui the Government recognised Te Ohaakii A Hine-National Network Ending Sexual Violence Together (TOAH NNEST) as its partner in this work, and as the official body providing community representation on the Taskforce. Many of you here today are members of TOAH NNEST.

I would like to take this opportunity to acknowledge TOAH NNEST and its steering group for the commitment shown in bringing together the wide range of views and perspectives from across the country that exist in the sector. You can be very proud of what you have achieved in bringing victim/survivor intervention agencies and offender treatment agencies together within a bi-cultural framework and within one network.

You have successfully given a united voice for those who work in a very challenging but historically invisible area.

Four TOAH NNEST members --- Sandz, Te Owai, Hamish and Kim -- sit on the Taskforce, alongside the Chief Executives (or their representatives) of the government agencies engaged in the delivery of sexual violence related policy, funding and services.

The past year has been a busy one for the Taskforce and the government and TOAH NNEST representatives that have been working on the various projects that make up the Taskforce work programme.

Over twenty work programme initiatives and supporting projects reflect an understanding that addressing sexual violence requires a multi-faceted approach covering a spectrum from:

· preventing sexual violence from occurring;

· improving support for victims; and

· increasing accountability for offenders both within and alongside the criminal justice system.

A key objective of the Taskforce is to establish a sound base of evidence to underpin decision making about future investments across this spectrum.

In my job as Minister I want to ensure that Government policy decisions will make a real and tangible difference in the lives of New Zealanders. Central government needs to understand clearly which policies and initiatives effectively address social issues facing this country.

The work the Taskforce has undertaken over the last year gives me confidence about the future. A shared understanding of the realities of sexual violence in New Zealand is being developed as government agencies and community representatives work together to find successful long-term solutions.

The Taskforce has overseen a significant amount of collaborative work to identify improvements to policy and practice for prevention, for services for victims, for offender management and treatment and support for victims going through the criminal justice system.

In the area of prevention work has been undertaken to ascertain national, regional and community-based sexual violence prevention and education programmes delivered in New Zealand.

Alongside this, research is being pulled together on what we know about what works in prevention and education programmes internationally and within New Zealand. We now have a better understanding of what contributes to successful programme design and delivery.

Likewise, research to better understand the link between alcohol, drugs and sexual violence is also underway.

In August I released a public discussion document, Improvements to Sexual Violence Legislation in New Zealand.

The content of the document has been prepared with the help of Taskforce working groups who are looking at how the criminal justice system can be more responsive to the needs of victims.

Legislation is one area that is being examined in order to identify improvements to ensure that an environment is created where victims of sexual violence feel safe to report and willing to appear as witnesses at trial.

The discussion document seeks views on possible law changes to the area of consent, the defence of reasonable belief in consent (Crimes Act) and the admissibility of evidence relating to the sexual history of the complainant, also known as the Rape Shield.

Feedback is also sought on alternative approaches to deal with sexual violence, such as restorative justice or specialist prosecution units.

Public feedback is being sought into the development of policy options before they are put to the Taskforce and Government to consider. And, of course, legislative change will not occur in isolation. It must be strengthened by prevention, education, crisis support and long term recovery initiatives across the Taskforce work programme.

Progress outside the work of the Taskforce has also taken place.

This year Government announced $446 million for building a Sustainable Social Services Sector – Pathway to Partnership.

This will improve the quality and sustainability of community-based social services, and make a real difference in the lives of families, children and young people. It provides funding for essential social services delivered by community organisations, as well as funding adjustments for volume increases and annual cost adjustment payments. I understand that some agencies represented here today may already have received adjustment payments.

Many of you will also be aware of the recent funding round that the Ministry of Justice’s Crime Prevention Unit is overseeing for primary prevention projects aimed at sexual violence. $880,000 will be provided over the next two years to enable organisations working in the community to deliver primary prevention programmes that will help to stop the problem of sexual violence before it occurs. Successful applicants will be announced at the end of next month.

You may also have heard that funding for Sexual Assault Assessment and Treatment Services has been made available. Over the next four years the Ministry of Health will provide $8million to DHBs to implement these services. Police and ACC will also be contributing to this new funding to develop a sustainable model for the delivery of services to victims of sexual assault.

While we can all take pride in advances that we have contributed toward, there is still so much more to be done. The sad and chilling reality is that there are far too many victims of sexual violence in New Zealand society.

We need to challenge the attitudes of those who would prefer to sweep this issue under the carpet, or those who think that victims are somehow to blame, or who think it is a problem for someone else to solve.

Such changes will not come quickly or easily, but over time people can, and do, change. It will take time before sexual violence is no longer tolerated in our homes and communities, but I strongly believe that the work that the Government and communities are undertaking together will enable us to get there.

I certainly include this conference and the Taranaki Safer Family Centre in that category.

Thank you all for your work. The Government certainly values your dedication and commitment to, in reiterating your conference theme, addressing hurt, raising hope, and restoring health in the community for survivors, offenders and their families.

Thank you again for inviting me to join you today, and I wish you well for the rest of your conference. Thank you.

CIR planned for 31 July to 21 August next year

beehive.govt.nz — Thu, 18 Sep 2008 16:40:00 +1200

Justice Minister Annette King says a Citizens Initiated Referendum on the question --- "should a smack as part of good parental correction be a criminal offence in New Zealand?" --- will be held between Friday 31 July 2009 and Friday 21 August 2009.

The Chief Electoral Office will run the postal referendum, the first held under the Referenda (Postal Voting) Act 2000.

The legislation requires a three week voting period for a postal referendum.

Ms King says the Referenda (Postal Voting) Act was enacted "to provide a simple and cost effective means of conducting referenda".

"The postal referendum will be held after the Chief Electoral Office has completed the conduct of the 2008 General Election. The Chief Electoral Officer has recommended to the Government that the referendum be held between 31 July and 21 August 2009, with that timing reflecting the need to finish work on the 2008 election and complete the logistics needed to run a postal referendum."

Restorative Justice

beehive.govt.nz — Fri, 12 Sep 2008 19:38:02 +1200

Speech notes for address to to the Restorative Justice Practitioners’ Conference 2008

I am really pleased to have this opportunity to speak at your restorative justice practitioners’ conference.

As far as I am concerned, your overall theme of engaging communities and enhancing practice is absolutely fundamental to the way our justice system moves forward.

Restorative justice can be a key to including communities within the criminal justice system, and, most importantly, it allows victims of crime to have a voice, an opportunity often lost or minimised in a normal court process.

Before I talk more about restorative justice, however, I want to acknowledge those who have worked so hard to make this conference as inspiring and valuable as possible.

Top of the list, of course, is conference organiser Restorative Justice Aotearoa. This is a great opportunity for the restorative justice community to learn from one another.

I also want to recognise the special guests who are speaking today, firstly Professor Howard Zehr.

Your contribution to developing restorative justice practices and understanding is well known, and your long association with New Zealand is widely appreciated by practitioners. This is the second such conference you have attended, and I am told you made a deep impression on practitioners last year. Thank you to the Restorative Justice Centre at AUT for bringing Professor Zehr back to New Zealand this year.

I want to add a warm welcome also to Kim Workman. You have contributed greatly to rehabilitation in the prison system, to prisoners, and to the development of community and government policy, and most recently your voice has been welcome in public debate about justice issues, adding to the community’s understanding of the need to work towards a safer society.

I’m pleased you intend to continue speaking out, and I know that you will contribute a great deal in your new role with the Families Commission.

I also want to acknowledge the Ministry of Justice’s work in this area. The ministry has achieved much in recent years, and I know there is now greater understanding and recognition between community and government agencies. The relationship between the ministry and Restorative Justice Aotearoa will be very influential in terms of the future of restorative justice in New Zealand.

And thank you to everyone here involved in restorative justice for your commitment, whether as a facilitator, coordinator, trust member or administrator. Without your hard work, I have no doubt that our criminal justice system would be less effective.

I want to talk largely today about victims in the criminal justice system, work that the Government is doing to improve services and information for victims, and how restorative justice is an important vehicle to involve victims in the system positively and safely.

New Zealand has a strong legislative framework in place for victims of crime through the Victims’ Rights Act 2002, Sentencing Act 2002, Parole Act 2002 and Prisoner’s and Victims’ Claims’ Act 2005.

The Victims’ Rights Act makes it clear that a victim, or a member of the victim’s family with welfare, health, counselling, medical or legal needs arising from an offence, should have access to services that are responsive to those needs.

Justice sector Ministers agree that victim-focussed outcomes --- aimed at reducing the overall level of victimisation, to improve the resilience of those at risk of becoming victims and to support victims to recover --- are a priority. The Government also recognises that NGOs have a significant role in achieving such outcomes.

The 2006 New Zealand Crime and Safety Survey found that while 61 percent of New Zealanders surveyed did not report being a victim of crime, the risk of victimisation was highly concentrated among the less economically and socially placed -– something that I know won’t surprise most people here.

The survey also found that, while most victims were satisfied with the service they received in the criminal justice system, some found services and information weren’t delivered as the Victims’ Rights Act intends. Similar issues also arose from the Report of the Justice and Electoral Committee’s Inquiry into Victims’ Rights. These findings deeply concern the Government, as well as the wider community.

In February this year, therefore, I was pleased to announce that the Government would work hard to strengthen victims’ rights in 2008.

We have committed extra funding to the New Zealand Council of Victim Support Groups to build the capacity of frontline service coordinators, and asked the Ministry to lead work on developing a Victims’ Charter that will build awareness of standards of service that victims can expect from government agencies.

In other words, it will ensure that victims are fully aware of their right to information and support. The Government is providing $1.7 million over the next year to establish a central contact point for victims to provide information and to assist victims with advice about support agencies and services. This includes a national 0800 victim helpline and website for victims -– which will offer information on restorative justice services, among the other services available.

Some of the funding will enable Victim Support to attract experienced and skilled staff. We’re fortunate to be able to work with Victim Support, as their experience as an organisation is essential to implementing these initiatives successfully, and I want to acknowledge Victim Support members here today --- Kathryn Lawlor, district manager for the Auckland and Waitemata region, and policy and projects officer Lynne Warring.

As well as the funding I’ve just discussed, the Government is providing funding of $5.8 million over this year and $6.2 million in following years for initiatives relating to Family Violence Courts. Some of this funding will be used to establish Victim Advocate roles in Family Violence Courts – roles that will aim to provide support and assistance to victims of domestic violence.

I will have more detailed announcements to make in a few weeks, but besides these funding initiatives, we are making legislative changes to the Legal Services Act 2000 to ensure victims have full access to legal representation and do not have to repay legal aid grants. I reiterate what I said in February – I am determined that victims should not be re-victimised by having to make repayments to the scheme.

These initiatives are being developed collaboratively by all the agencies involved. There’s real dedication to better services for victims. I know you will appreciate that as service providers, as many of you are working with victims on a daily basis.

I believe that these initiatives will achieve much more positive outcomes for victims. The Government will continue to work to increase victim rights and satisfaction with our criminal justice system over the coming years, as well as remaining strongly committed to reducing crime in order to reduce victimisation in our communities.

I now want to turn to our main issue today. Restorative justice is, of course, a process to give victims a voice in the criminal justice system and is designed to enable them to receive reparation, apologies and answers. It requires offenders to face victims, redress the harm to victims and the community, and address the causes of their offending.

Victims say that to experience a sense of justice they need to tell their stories in a place of safety; that they want to see the offender take responsibility and demonstrate accountability. Victims also want relationships improved, and many feel that these things are unlikely to happen within the traditional criminal justice system.

I’m sure many of you agree that the criminal justice system does not generally offer up such outcomes or allow victims to engage significantly with offenders. But some, if not all, outcomes can happen when restorative justice is included as an option in the Police Adult Diversion Scheme and as an option for Judges prior to sentencing.

Everyone here knows that restorative justice is not a soft option for offenders. It requires offenders to face their victims, redress the harm they have done, and confront the causes of their offending. Many offenders find this far more difficult than the court hearing.

Restorative justice is special in its capacity to meet the human needs of victims and offenders – their needs for interaction and resolution --- within a safe and supportive environment.

Most victims find restorative justice a satisfying experience. The evaluation of the Court-Referred Restorative Justice Pilot in 2005, which used restorative justice in cases of serious offending, showed high levels of satisfaction amongst participating victims and offenders and positive results for Maori on re-offending and victim satisfaction.

The findings that particularly interest me include:

At the initial evaluation interview 92 percent of victims were pleased they took part in a court-referred restorative justice conference and 75 percent felt better as a result of taking part.
Almost 75 percent said that their offender understood how they felt; and around two-thirds said their offender had been made accountable and had shown sorrow for the offending, and
At the follow-up interview, more than one-third of the victims said they felt more positively about the criminal justice system as a result of participating in a restorative justice conference. Most said the conferences enabled them to make clear the effects of the offence on them; they could say what they wanted to; and they felt involved and were treated with respect.

And, of course, the pilot also showed a reduced use of imprisonment – slightly fewer offenders were sent to prison, and for a shorter period than matched offenders. This is particularly significant in considering the high satisfaction levels reported by victims, and runs counter to views we often hear in public debate. What it underlines is that victims need to tell their story and feel that their voices have been heard, rather than necessarily wanting harsher penalties for offenders.

Restorative justice has a positive impact not just on how victims feel about themselves and the offending, but also on the criminal justice system. The process allows victims to express their feelings, of fear, anger, sadness or forgiveness, openly. Most importantly, it brings them face to face with the person who caused these emotions, in a respectful but empowering way.

It is a powerful means to allow victims to move on and so it’s important that we recognise the benefits of restorative justice as a victim-centred process, and that we continue to focus on this. Of course, offenders also benefit from restorative justice and have needs that can be met through the process, but with so much of our justice system already focussed on offenders, an emphasis on victims is important and worthwhile.

My interest in restorative justice was heightened when I met the restorative justice provider in Rangiora some months ago. I was fortunate enough to hear some practitioner experiences, and what the restorative justice process had been like for the victims involved.

Then last month I met a large group of practitioners in Auckland and talked to them about their experiences. I’m sure some of them are here today and I want to thank everyone who made time to meet me. I appreciate your passion and hard work.

I want to share with you just two of the stories that I was told that impressed me with the depth of victim forgiveness and generosity.

In the first case the offender was a young man who damaged public property while intoxicated. The victim had confronted the offender and his friends, and been threatened with assault. The offender also took his cell phone, which contained confidential business information.
- The victim, an older man, chose to meet the offender because he wanted to help him make better decisions in his life. He and his wife came to the restorative justice meeting and met the offender and his pregnant girlfriend. The offender was remorseful. The victim had worked with young men before, and talked to the offender about alcohol abuse, how to get employment, and how to set an example to his child. The offender listened and thanked the victim for his words.
- The offender agreed to make reparation payments for the cell phone at a small sum each week. The victim was satisfied at the remorse and at how his advice had been accepted. The offender was sentenced to pay the victim $650, the sum agreed by the victim and the offender at the conference.
- Later that year, the victim contacted the restorative justice facilitators to ask about the offender and his family. He said most of the reparation had been paid, but he didn’t need it, and he believed it should be repaid to the offender and his family because they could use extra money at Xmas. The victim and the offender were put in touch with each other to carry out the victim’s wishes.
The second case involved an offender in his late 20s who had been a graffiti vandal since he was 13. He went to a rail workshops prohibited area, drew graffiti on a carriage, and photographed it for his online portfolio. Getting away, he tripped and was caught by police and dogs leaving the area. The victim was most upset because of the extreme high risk in the shunting yards.
- Eventually a restorative justice conference was held. The victim arrived in all his work gear, having been out on a wagon, and explicitly explained what happens to your body if you are caught by a train. He also talked about the impact injury or death has on his teams, and said he and his staff try hard to make the workshops and yards safe.
- The offender expressed remorse. During the conference the victim suggested the offender should settle down and perhaps get married! One outcome of the conference was that the offender was to clean the yard car every week for six months, and the victim was so pleased with the offender turning up and being so reliable that he offered him a permanent job in railway operations which the offender accepted.

Of course, outcomes are not always as positive. I was also recently told of a victim attending a conference and vehemently expressing her anger to the offender. There was no forgiveness by the victim in this case, but I understand she found the experience liberating and was able to begin handling the burden that she carried. This is the benefit of restorative justice. Every meeting may be different, but very often people can find a way to move forward, just by talking to each other.

The Government is committed to ensuring that high quality restorative justice services are available to many victims and offenders across New Zealand. The benefits for victims and offenders are significant, and New Zealand’s practitioners need to be able to continue to develop their skills and to contribute their experience to the growing international body of work in this area –- in other words, to continue to be leaders in restorative justice.

I am confident that we are making a great deal of progress toward improving support for victims of crime. There is still much more to do, but with interventions such as restorative justice, we have real potential to heal. Restorative justice offers a rare opportunity, and I hope that we are able to offer more people the chance to participate in this process.

Thank you again for all that you are doing individually and as organisations to promote such a rewarding process and philosophy.

I look forward to watching restorative justice grow in New Zealand and to seeing increasingly positive impacts for victims and offenders and for our communities in general. Thank you again for inviting me to join you today.

Waikato Regional Transport Committee

beehive.govt.nz — Thu, 11 Sep 2008 15:35:39 +1200

Speech notes for address to Waikato Regional Transport Committee

Thank you to the Waikato Regional Transport Committee, particularly your chair Norm Barker, for inviting me to speak to you today.

I have met a number of regional committees around the country since I became Transport Minister in 2006, although this is my first such meeting since the Land Transport Management Amendment Act 2008 was passed in July.

The one thing I find in common whenever I meet a regional committee is that they are sometimes more focused on the needs of their particular region than they are on more national issues, but I have no issue with that.

In fact, it is to be applauded that regional committees are passionate about their regions --- government agencies and governments, of course, must be primarily concerned with a national approach to transport issues, but we need to consider regional perspectives when we do so.

In summary, I have never left a regional transport committee meeting without feeling invigorated and challenged, and I am sure that today’s meeting will be no different.

Before I talk about a number of subjects relating to transport in the Waikato, and you have an opportunity to ask questions, I want to talk briefly about some of the changes taking place in the wider transport sector that will affect all Regional Transport Committees. This will give you an overview of where the Government is heading.

There has certainly been plenty of change in the transport sector over the past 12 months with the passing of the Land Transport Management Amendment Act 2008, the establishment of the New Zealand Transport Agency, the new makeup of Regional Transport Committees and the recent release of two of the most important transport documents in some time --- the New Zealand Transport Strategy 2008 and the Government Policy Statement, or GPS.

Clearly the new transport environment we are working in provides a number of challenges, and it would be fair to say we are learning together in this process. More than ever, we need to work together to achieve common goals.

I would like to thank you for the efforts you have put in on work the Government has asked of you in forming new Regional Transport Committees, in what I know have been tight timeframes.

You have stepped up to the challenge of taking on these enhanced functions and your input to central government during this change process has been invaluable.

Last month I provided regional councils with guidelines on making appointments to Regional Transport Committees to represent the five Strategy objectives and cultural interests.

The guidelines cover legal requirements, and set out new committee functions and important matters to be considered by regional councils. This leads to a model ‘job description’, which identifies what I believe are the most useful knowledge and skills these people should have. It seems to me that organisations like the Automobile Association, the Road Transport Forum and the CCS Disability Action group, for example, have much to contribute at a regional level.

We need to continue to move forward together in this positive way to find transport solutions for the country, both nationally, and regionally. I am confident the increased role Regional Transport Committees now have will in turn see a greater ability for regions to be involved in the development of national programmes.

The Land Transport Management Amendment Act also enables regions to levy fuel taxes in order to bring forward capital projects – high priority transport projects that cannot otherwise reasonably be funded from any other source in the timeframe desired by the region.

Regional Transport Committees are required to prepare and consult on proposed regional fuel tax schemes, and once the regional council is satisfied with the scheme, it must be lodged with the Minister of Transport and Minister of Finance, as the Auckland Regional Council has already done. The Act also provides that the tax cannot exceed 2 cents per litre in 2009 and 5 cents per litre in 2010. A softly, softly approach is needed, given other fuel cost burdens on the consumer.

It’s important to keep in perspective that changes taking place now will help the Government build a transport system that is responsive to the needs of the country while offering long term sustainability.

the principles underlying our vision --- to have an affordable, integrated, safe, responsive and sustainable transport system --- have been articulated through the New Zealand Transport Strategy. It will usher in a new era for transport by setting out, for the first time, defined targets for the whole sector, and actions needed to achieve these targets.

One of these targets will help achieve one of the Strategy’s goals of halving per capita domestic greenhouse gas emissions from transport by 2040. We will see more hybrid and electric vehicles on our roads; more people walking, cycling and using public transport; more movement of freight by rail and sea; greater use of renewable fuels, more efficient technology and improved operating practices.

The Strategy also focuses on road safety, public health and improving journey times and journey time reliability through investment in critical multi-modal infrastructure essential to New Zealand’s economic growth.

Just as important is the framework the Strategy provides for the activities of transport Crown entities and guidance for local authorities. This long-term plan will help the private sector make investment decisions with greater confidence.

While the Strategy has a long-term outlook, the Government Policy Statement sets out shorter-term targets, allocating land transport funding over the next six years.

The GPS describes what we want to achieve through funding for the land transport sector, how much funding will be provided to the sector, what areas of transport will be funded, and how funding will be raised.

The goal is to influence the type of projects that are carried out by providing this guidance to the Transport Agency and local government. The Agency itself will be responsible for allocating funds.

In the development of the GPS, we have aimed to achieve a balance between the need to invest in the land transport sector with the burden that increasing fuel prices are having on New Zealanders. This recognises that we need to invest in transport for the future, but it must remain affordable for everyone at the same time.

The process of developing regional targets from the GPS will need to be done collaboratively between RTCs and local authorities. The timeframes are tight, of course, and it may not be possible to regionalise some of the GPS targets for the first RLTP, but the more that can be done now, the more regions will be ready for the next round in three years time.

Longer term targets from the New Zealand Transport Strategy also need to be regionalised for inclusion in your next Regional Land Transport Strategy. Again, the Government will work collaboratively with you to develop targets that meet your local aspirations and also help deliver our targets at the national level.

The Government has made a huge investment in the country’s land transport - $3.1 billion this year alone. In Waikato, total Government land transport investment has increased by more than 110 per cent since 1999, to more than $250 million in 2008/09, bringing the total investment in this region since 1999 to approximately $1.6 billion.

More than a dozen large projects in the Waikato region have had openings or construction starts since 1999, including several recent projects such as work on State Highway 1 from Mercer to Longswamp, Church to Avalon, and Piarere to Oak Tree Bend as well as the State Highway 3 Awakino Slip Realignment.

The Government agrees that the Waikato Expressway is the highest transport priority for your region – and we want to see it progress as quickly as possible.

What we are continuing to look at is a collaborative effort so that the role of each component of the expressway is fully understood by all parties, and value for money can be achieved across all transport investments – state highways, public transport and locally generated arterials and roads.

The roles of the Huntly and the Hamilton Eastern Bypasses in particular need to be further clarified and quantified before the significant step of moving into detailed design can begin.

The new transport model the region is developing will give us a more robust picture of how the bypasses will be used and the sub-regional growth strategy work is also a key part of this. This will need to progress as quickly as possible to in order to move things forward.

The NZTA plans to start building the new Kopu Bridge in the 2010/11 financial year, in line with funding forecasts and regional priorities.

The driving force behind replacing it has always been to reduce traffic delays and deal with growing traffic volumes in years to come.

The bridge has a robust inspection programme and is continually monitored and maintained. While it is typical for its age and construction, the bridge is structurally sound and fit for both its semi-coastal environment and the volume of traffic that currently uses it, with no load restrictions imposed.

NZTA has calculated that the bridge is likely to withstand an earthquake of up to somewhere between a one in 300 and one in 500 year magnitude. Although this isn’t in keeping with today's guidelines, which see bridges designed and constructed to withstand a one in 2500 year earthquake, the risk of such an earthquake is still low.

You will be aware that under the LTMA Act full hypothecation (or dedication) of fuel excise duty, road user charges and motor vehicle registrations now goes into the National Land Transport Fund.

This revenue raised from hypothecation will replace ‘C’ funding. The Government is committed to providing funding to regions in order to achieve outcomes identified through JOG processes and highlight that the NZ Transport Agency has an obligation under the amended LTMA to meet the ‘C’ funding commitments for Auckland, Wellington, the Bay of Plenty and the Waikato from the National Land Transport Fund.

Full hypothecation, however, is not a ‘silver bullet’ for regional funding problems, but it will put the transport sector in a better position than it would otherwise have been.

What will continue to be important in the future is pragmatic transport planning that reflects the changing times we are living in.

With this in mind you’re already making great progress in a number of areas.

I am especially pleased with your work in developing a regional rail strategy, a walking and cycling strategy, a travel demand management plan and the work you have undertaken in recent months to get Hamilton’s sub-regional growth strategy, ‘Futureproof’, off the ground.

This work will aid the preparation of your long term community and district plans -– and is an important part of linking long-term land use and transport planning. These and other growth strategies in the region such as Coromandel Peninsula Blueprint – are a key part of achieving our sustainability objectives.

The NZTA is working with Hamilton City Council to extend their programme of road safety initiatives around schools, in line with the range of solutions that the Speed Limit Rule provides for.

While there are a range of solutions that can be implemented to make environments around schools more pedestrian friendly, I know the council is keen to see additional funding of electronic signage in 40kph areas for a number of schools that meet the legal requirements.

As a number of other cities have plans to implement similar initiatives, the same criteria must be applied nationally when weighing up funding decisions to ensure that we achieve the best value for money, targeting those schools that clearly have a demonstrated need for electronic signage.

With public transport becoming a key part of future transport solutions, it is promising to see patronage throughout the Waikato region continues to grow.

I understand the latest monthly figures showed an almost 22 percent increase in public transport use for the region as a whole. I’m particularly pleased to see this increase is not just for peak services, but includes off peak patronage and even an increase in the use of rural services –- a great achievement in itself.

Congratulations are also deserved for your work to make public transport more accessible through the ‘Accessible Journey trial’.

This is the first trial of its kind in New Zealand and is envisioned to lead the way for the rest of the country in providing better public transport services to the elderly, those in wheelchairs, or people with hearing and vision impairments.

It is also a great example of collaboration between regional and city councils, the NZ Transport Agency, the Ministry of Transport and the disability sector.

Before I receive any questions you may have, I want to reiterate that this is a time of significant change in the transport sector, but we are all in this new environment together and are learning together.

What will continue to be critical to the ongoing success of transport in New Zealand is central and local government working together in partnership and I I look forward to the strong relationship we have forged continuing in the future.

Thank you again for inviting me to join you today.

Public Transport Management Bill

beehive.govt.nz — Thu, 11 Sep 2008 12:31:24 +1200

Transport Minister Annette King says the passage of the Public Transport Management Bill will enable Regional Councils to improve New Zealand’s public transport system. The Bill passed its third reading in Parliament today.

Ms King says the Bill empowers regional councils to impose greater controls over commercial public transport services, and also enables regional councils to require that any or all public transport services must be provided under contract.

“If we want New Zealanders to move towards more sustainable transport, we must create a public transport system that is a realistic alternative to private car use. It is therefore essential that New Zealand’s public transport services are affordable, integrated and accessible, safe, responsive to change and – above all – economically, socially and environmentally sustainable.” Ms King said.

“This Bill does not tell regional councils how to run their public transport systems; it simply gives them the tools to run them as effectively as possible, and better plan for and manage future public transport demands.

“The framework is now in place to enable travel on public transport to become much simpler, and passengers can expect a more consistent level of service.”

Regional councils will be able to set longer notice periods for commercial public transport providers in commencing, varying and withdrawing services, she said. Councils will also have greater access to information, like detailed patronage statistics, to enable more effective planning of public transport and development of regional public transport plans.

“Regional councils will be able to set quality and performance standards, enable the integration of services, ticketing and fares, and where justified, require bundling of services.

“I’m delighted to have this Bill pass its third reading and I look forward to ongoing improvement of public transport services in New Zealand.”

Annette King's speech for the Third reading of the Bill is here
Please see attached document for more information