Supplementary Order Paper No 182

No 182

House of Representatives

Supplementary Order Paper

Tuesday, 11 March 2008

Manukau City Council (Control of Graffiti) Bill

Proposed amendments

Hon George Hawkins, in Committee, to move the following amendments:

New clause 1A

To insert the following clause after clause 1 (after line 3 on page 1):

1A Commencement
  • (1) Section 6 comes into force on the day that is 3 months after the date on which this Act receives the Royal assent.

    (2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Clause 2

To omit this clause (lines 6 to 8 on page 1).

Clause 15

To omit this clause (lines 3 to 18 on page 9).

Explanatory note

This Supplementary Order Paper amends the Manukau City Council (Control of Graffiti) Bill. The first amendment relates to the commencement clause. Clause 6 requires that retailers of spray paint cans secure cans of spray paint so that members of the public cannot access them without the assistance of the seller or his or her employee or agent.

The new commencement clause delays the commencement of this provision for 3 months so that affected retailers have time to alter their retail premises to comply with the Act.

The second amendment omits clause 15. This clause requires persons detained for an offence under the Act by the police or an authorised person to provide their name, address, and the address and whereabouts of others who may be connected with the offence. This appears to infringe section 23(4) of the New Zealand Bill of Rights Act 1990, where any person detained for an offence or a suspected offence has the right to refrain from making a statement.