Military Justice Legislation Amendment Bill – Second Reading – Video 7
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Military Justice Legislation Amendment Bill – Second Reading – Video 7


to the contrary now the eyes have it call on government order of the day number for Military Justice legislation amendment bill interrupted debate on second reading when the house was considering the military justice legislation amendment bill last time Chris pink had the call he has nine minutes and 45 seconds remaining to speak thank you madam Speaker I look forward to resuming my contribution on the military justice legislation amendment bill I might take the liberty effectively of standing over here only having had a 15 second run up initially 15 seconds of fame I understand just to tweak that slightly as accorded to us all but I’m going to be greedy and intake just a little more to discuss this piece of legislation if it means of course madam Speaker the Armed Forces discipline acts as those who will who were watching with Grayson and Tintin’s interest no doubts last week will recall and also the court martial act and the court martial Appeals Act before proceeding any further I would like to acknowledge the good women and men of the New Zealand Defence Force they are of course the military in the title of the Military Justice legislation amendment bill and I think it’s worth noting that the matters contained in this bill and referred to somewhat exceptional their exceptional and their the rule of the operation of the Defense Force in its fine people is of course very much law-abiding so these are circumstances in which we are deciding how conduct is to be regulated and determined when things outside those bounds in in an exception occurs so that’s something I just wanted to place it on the record madam Speaker lists anyone listening to the debate were to gain an impression that these are more regular matters then effect they are I acknowledge both ministers involved in the passage of this bill by which I mean the present Minister but also his predecessor on our side of the house at the time that we were in government in this legislation was first contemplated I acknowledge to the Select Committee those who’ve been drafted the bill and also those who have submitted on it three things I’d like to touch on briefly madam Speaker in the remainder of my contribution and they relate to the things that I believe this bill does achieve pretty well the first is that it aligns the second is that it updates and the third is that it strengthens taking each of those briefly in turn the first is aligns this bill aligns the military in the Civil War at least to some extent the key aspect of this is that it sits out in a way that is similar in fact and soon respects identical to the civilian that is non-military law how we are to regard the burden of proof in a trial the burden of proof here relates both to the onus and the standard of proof such that whereas currently the Armed Forces discipline Act provides that the onus is on the accused to provoke to proof on the balance of probabilities in the excuse it cetera any scope reconsideration I believe might be the phrase and any Queen’s Counsel in the area will no doubt correct me if I’m wrong on that but their donors is different in the sense that it’s not for the accused to prove that thing but but indeed for the innocent to be presumed guilty so that will change and also the standard of proof will be going towards the reasonable doubt or beyond reasonable doubt indeed as opposed to the balance of probabilities which is the more normal civil standards to use the word civil in a different context so that’s a valuable thing to me it seems Meno speaker Anette this bill aligns the military and the civilian justice systems the second thing that it does is that updates and here I refer madam Speaker to the fact that actually not the bill so much is the report back from the Select Committee updates or allows an update whereby this bill will be subject to a supplementary order paper to bring it into line with the general legislation that will come before the house the court matters bill and so just by way of explanation the Select Committee that was considering this bill did not know what exactly the courts Mehta’s bill would look like when it came back to the house and yet the committee desiring that those two things would be aligned contemplated that a supplementary order paper might go in and ensure that once the court matters bill has progressed through that this one could be amended effectively to ensure that it is along similar lines so that’s the background for that one madam Speaker and that particular change that I’ve referred to will go to the question of a mentally impaired person as defined in other legislation whether they’re fit to stand trial that being the first thing to determine and then to see whether they have effect committed the offense as opposed to the other way around which is presently the case the third and final thing madam Speaker is that this bill strengthens I referred to victims rights which are strengthened in the case of the information that’s to be provided to them on their request bit set out in Section 155 a a new provision that will be included in this bill certainly at this stage the legislation is looking like that will be so it’s something that we as a party support indeed we supported at each of our members on the Select Committee and I’ll finish by saying that the process of getting to the stage Menace speaker has been collegial and constructive no doubt that will continue and so it’s with no hesitation that I communis bill to the house to proceed to the next stage thank you madam Speaker again

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