Supplementary Order Paper No 183

No 183

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:

Clause 5

Definition of authorised person: to omit or a police office (lines 11 and 12 on page 2).

To omit the definition of minor (line 18 on page 2).

To add the following definitions (after line 27 on page 2):

shop means a building, place, or part of a building or place, where goods are sold by retail, or kept or offered for sale by retail; and—

  • (a) includes—

    • (i) an auction mart; and

    • (ii) a barrow, stall, or other subdivision of a market; but

  • (b) does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers who buy the goods to sell them again

spraycan means a container (made of any material or materials) that—

  • (a) contains paint, dye, ink, or some other pigment; and

  • (b) is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means).

Clause 6

To omit this clause (line 30 on page 2 to line 8 on page 3) and substitute the following clause:

6 Spraycans in shops to be secured
  • (1) This subsection applies to a spraycan if—

    • (a) it is kept for sale in a part of a shop to which members of the public have access; and

    • (b) it is not—

      • (i) under the physical control of the occupier of the shop, or an agent or employee of the occupier; or

      • (ii) under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and

    • (c) the shop is open to the public.

    (2) The occupier of a shop must ensure that every spraycan in the shop to which subsection (1) applies is kept secured so that members of the public cannot obtain possession of it without the help of the occupier, or an agent or employee of the occupier.

    (3) The occupier of a shop who fails or refuses to comply with subsection (2) commits an offence, and is liable on summary conviction to a fine not exceeding $1,500.

Clause 7

To omit this clause (lines 9 to 23 on page 3) and substitute the following clause:

7 Sale of spraycans to people under 18 prohibited
  • (1) Every person commits an offence who sells a spraycan to a person under the age of 18 years.

    (2) A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $1,500.

    (3) In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that—

    • (a) the defendant is—

      • (i) a Board (within the meaning of section 2(1) of the Education Act 1989), or an employee of a Board; or

      • (ii) the governing body of a tertiary education provider (within the meaning of section 159(1) of the Education Act 1989), or an employee of a tertiary education provider; and

    • (b) when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and

    • (c) the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.

    (4) In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that,—

    • (a) before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and

    • (b) the defendant believed on reasonable grounds that the document—

      • (i) was in fact an evidence of age document; and

      • (ii) related to the buyer; and

      • (iii) indicated that the buyer was of or over the age of 18 years.

    (5) For the purposes of subsection (4), evidence of age document means a document that—

    • (a) contains—

      • (i) a photograph of the person to whom it is issued; and

      • (ii) information enabling the person's age to be determined; and

    • (b) is—

      • (i) a New Zealand passport; or

      • (ii) an overseas passport; or

      • (iii) a driver licence issued under the Land Transport Act 1998; or

      • (iv) a document of the kind described in section 2A(2)(d) of the Sale of Liquor Act 1989.

Clause 8

Subclause (1): to omit cans of spray paint (lines 26 and 27 on page 3) and substitute spraycans.

Subclause (1): to insert after IT IS (line 28 on page 3) GENERALLY.

Subclause (1): to omit CANS OF SPRAY PAINT in each place where it appears (lines 28 and 31 on page 3) and substitute in each case SPRAYCANS.

Subclause (3): to omit cans of spray paint (lines 1 and 2 on page 4) and substitute spraycans.

Clause 9

Subclause (2): to omit cans of spray paint (lines 15 and 16 on page 4) and substitute spraycans.

Clause 10

To omit this clause (lines 5 to 22 on page 5) and substitute the following clause:

10 Graffiti vandalism, tagging, defacing, etc
  • Every person is liable to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002) or a fine not exceeding $2,000, or to both, who writes, draws, paints, sprays, or etches on, or otherwise marks any building, structure, road, tree, property, or other thing—

    • (a) without lawful authority; and

    • (b) without the consent of the occupier or owner or other person in lawful control.

Clause 14

Subclause (1): to omit police officer (lines 27 and 28 on page 7) and substitute member of the police.

Subclause (1): to omit section 6(3) or (line 29 on page 7).

Subclause (2)(a): to omit police officer (line 35 on page 7) and substitute member of the police.

Subclause (2)(a): to omit section 6(3) or (line 36 on page 7).

Clause 16

To omit police officer (line 20 on page 9) and substitute member of the police.

To omit section 10(1) (line 23 on page 9) and substitute section 10.

Schedule 1

To omit the first item (line 5 on page 10).

To omit the third item (line 7 on page 10).

Schedule 2

To omit offence(s) (line 21 on page 11) and substitute offence.

To omit paragraph 1 (lines 22 to 29 on page 11).

To omit *2. (line 30 on page 11).

To insert after IT IS (line 4 on page 12) GENERALLY.

To omit CANS OF SPRAY PAINT in each place where it appears (lines 4 and 7 on page 12) and substitute in each case SPRAYCANS.

To omit *3. You, without lawful authority, marked graffiti. (line 8 on page 12).

To omit Delete if inapplicable. (line 10 on page 12).


Explanatory note

This Supplementary Order Paper amends the Manukau City Council (Control of Graffiti) Bill to remove inconsistencies between the wording and substance of clauses 6, 7, and 10 of this Bill and the recently introduced Government Bill, the Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill, and make consequential amendments reflecting these changes. It also makes some minor changes of terminology. (It would be undesirable to have 2 laws creating inconsistently worded offences on exactly the same topics).