Officials warn Govt’s boy-racer car-crushing powers threaten judicial discretion

The Government is pushing ahead with a bill designed to target boy racers, despite concerns it could compromise judicial discretion.

Transport Minister Chris Bishop and Police Minister Mark Mitchell today announced that the Anti-Social Road Use Legislation Amendment Bill had been introduced to Parliament and would have its first reading next month.

The bill contains new powers, announced in May, that include establishing a presumptive sentence of vehicle destruction or forfeiture for anyone participating in street racing, burnouts and intimidating convoys, as well as any vehicle owner who refused to identify offending drivers.

Exceptions would be made if the offender didn’t own the car, if crushing the vehicle was manifestly unjust or would cause extreme hardship.

A draft Cabinet paper, released today, noted justice officials were concerned the “very high threshold” for not applying a sentence could result in “outcomes perceived to be unfair”.

It also referenced how the Ministry of Regulation and the Department of Prime Minister and Cabinet were “unconvinced” a presumptive sentence was the best regulatory option, given there was a “lack of support analysis and impacts and costs have not been quantified”.

“They note broad powers without judicial oversight will strongly affect the rights of people, particularly those who rely on vehicles for employment,” the paper read.

Transport Minister Chris Bishop said the bill's first reading would be next month. Photo / Mark Mitchell

It recommended retaining judicial discretion by allowing judges to order the seizure or destruction of someone’s vehicle at a first offence. However, it was noted that that approach would be a “departure” from proposals previously agreed to by ministers.

In a press statement this morning, Bishop said the bill would send a clear message to boy racers.

“We’re taking action by bringing in much tougher penalties for idiots who use our streets as racetracks, putting others at risk.

“If they want to drive dangerously, they will face serious consequences – and they won’t like them."

Mitchell told the Herald he was not concerned “at all” by the officials’ advice.

“It’s exactly the message that we want to see is that if they come out, they want to take over public roads, put the public in danger, have complete disregard for anyone else but themselves, the message is really clear, you’ll lose your vehicle.

He acknowledged the importance of judicial discretion but said it was “100%” worth overriding in order to target boy racers.

Alongside the sentencing change, the bill would give police the ability to close spaces like parks or carparks if they were being used by anti-social drivers.

It will also increase the infringement fee for making excessive noise from or within a vehicle from $50 to $300.

After its first reading, the bill will go through a four-month select committee process. It is likely the bill will not become law until next year.

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.