4336
NEW ZEALAND GAZETTE
No. 133

International War Crimes Tribunals
Enables New Zealand to give effect to:

• International statute of the ad hoc tribunal on war crimes in the former Yugoslavia established by resolution of the United Nation’s Security Council;
• International statute of the ad hoc tribunal on war crimes in Rwanda and neighbouring states established by resolution of the United Nation’s Security Council; and
• Provisions of any subsequent war crimes tribunal with similar powers that may in future be established by the United Nation’s Security Council.

Under chapter VII of the Charter of the United Nations New Zealand is obliged to give effect to the statutes of these tribunals, and cooperate in requests for assistance and in the investigation and prosecution of accused persons.

(Rt Hon Don McKinnon/Referred to Foreign Affairs and Defence Committee)

Social Welfare Reform
Amends:

Social Security Act 1964
Accident Rehabilitation and Compensation Insurance Act 1992
Social Welfare (Transitional Provisions) Act 1990
Family Proceedings Act 1980
Child Support Act 1991
Health Reform (Transitional Provisions) Act 1993
Disabled Persons Community Welfare Act 1975
Inland Revenue Department Act 1974

The substantive provisions are designed to:

• Remove disincentives for beneficiaries entering the workforce;
• Reinforce the obligations inherent in the receipt of a benefit;
• Ensure the efficient collection of debt by the Department of Social Welfare; and
• Target benefits according to need.

Other amendments relate to the Health and Disability Support Services reforms, social welfare practices and the Human Rights Act, and relaxing a component of the eligibility rules for overseas travel for long term beneficiaries.

(Hon Peter Gresham/Referred to Social Services Committee)

Domestic Violence
Consolidates and amends the Domestic Protection Act 1982, which is consequently repealed. The bill seeks to provide greater protection for victims of domestic violence by extending the range of persons who can seek protection from domestic violence to persons who are or have been in a “domestic relationship”. Also extended are the categories of behaviour in respect of which protection may be sought. Applications for protection from domestic violence will also be able to be made on behalf of people unable to apply themselves.

A protection order will replace the current non-molestation orders and non-violence orders. A protection order automatically applies for the benefit of a child of the applicant’s family and may be made for any other person with whom the applicant has a domestic relationship. The protection order will have standard conditions that prohibit the committing of any type of domestic violence. If the parties are living apart standard conditions will prohibit molestation, intimidation or otherwise making contact. The sanction for breaches of orders are increased.

Also contained are new provisions relating to access to and publication of information contained on public registers and relating to persons who are protected by a protection order. Such a person will be able to apply for a direction that information that is, or is about to be, included on that register and that discloses, or is likely to disclose, the whereabouts of that person is not to be made available to the public.

(Hon D A M Graham/Referred to Justice and Law Reform Committee)

Overseas Investment Amendment
Amends the Overseas Investment Act 1973. The principal purpose of the bill is to repeal the Land Settlement Promotion and Land Acquisition Act 1952 and bring the control of overseas ownership of land under the Overseas Investment Act 1973.

(Rt Hon W F Birch/Referred to Primary Production Committee)

Crimes Amendment (No. 2)
Contains 4 principal amendments to the Crimes Act 1961.

Sexual conduct with children outside New Zealand
New provisions in the bill make it an offence for a New Zealand citizen or a permanent resident of New Zealand to engage in conduct, outside New Zealand, with a child under 16 years of age, where, if that conduct occurred in New Zealand, that conduct would be an offence against certain specified provisions of the principal Act. It will also be an offence for a person in New Zealand to assist other persons to travel overseas for the purpose of committing such offences.

Female genital mutilation
A new section makes it an offence for any person to perform, or cause to be performed, on any other person, any act involving female genital mutilation, excepting specified medical procedures, it will also be an offence for a person to cause a child under 17 who is a New Zealand citizen or a permanent resident of New Zealand to be taken or sent out of New Zealand, or to make arrangements for the purpose of causing such a child to be sent or taken out of New Zealand, so that female genital mutilation may be performed on that child.

Theft by a spouse
The existing rule about interspousal theft is abolished. A new provision provides that a person may be convicted of theft of another person’s property even though they are married to each other at the time of the theft.

Money laundering
Two new offences relating to money laundering are created. The first relates to knowingly engaging in a money laundering transaction in respect of property that is the proceeds of a serious offence. The second relates to knowingly obtaining or possessing such property with the intention to engage in a money laundering transaction with respect of that property.

(Hon D A M Graham/Referred to Justice and Law Reform Committee)

Criminal Investigations (Blood Samples)
Provides for the Police to obtain blood samples and use the results of analysis of those samples in the investigation and prosecution of criminal offences. In particular:

• Provides for the Police to obtain a blood sample from a person who is suspected of having committed a