No 162
House of Representatives
Supplementary Order Paper
Wednesday, 28 November 2018
Psychoactive Substances (Increasing Penalty for Supply and Distribution) Amendment Bill
Proposed amendment
Kiritapu Allan, in Committee, to move the following amendment:
Clause 4
Replace clause 4 (page 1, lines 10 and 11) with:
4 Section 70 amended (Offences relating to psychoactive substance that is not approved product)
In section 70(3), replace paragraph (a) with:
(a)
in the case of an individual,—
(i)
to a term of imprisonment not exceeding 8 years; and
(ii)
when sentencing under subparagraph (i), where relevant, the court must take into account—
(A)
kanohi ki te kanohi (face to face reconciliation between the offender and any affected person):
(B)
whakamā (appreciation and shame in respect of wrongdoing and its impact):
(C)
whakahoki mauri (rehabilitation):
(D)
te taha tinana (the physical aspect):
(E)
te taha wairua (the spiritual aspect):
(F)
te taha whānau (the family aspect):
(G)
te taha hinengaro (the psychological aspect):
(H)
the offender’s whānau background:
(I)
the principle that we should strive for values and practices of aroha (love and compassion), manaakitanga (support and kindness), wairuatanga (the importance of spirituality), and whanaungatanga (the value of connectedness to family and community):
(J)
any wider matters that indicate that social and cultural influences may have had an impact on the offending:
(K)
any matters drawn to the court’s attention under section 27 of the Sentencing Act 2009: