Little AndrewHon ANDREW LITTLE (Minister of Justice): Thank you Mr Assistant Speaker. It's a pleasure to take a call on the Military Justice Legislation Amendment Bill in this third reading and to acknowledge the speaker who has just resumed his seat Mark Mitchell. Obviously this bill has had a lengthy gestation but it's one that has had the support of all sides of the House so far and long may that continue.It's important to note that for those men and women who are serving in the uniforms of our defence services they have to operate in a highly disciplined environment. So their workday situation is different for them but the one thing they should be able to expect is that if they are facing an allegation of misconduct or ill-discipline or effectively an internal crime the same standards of justice that apply to every other citizen in the country also apply to them understanding the importance of the disciplined environment in which they must work. It is encouraging indeed satisfying to see in this piece of legislation work that started actually under the previous Labour Government continued under the most recent National-led Government and now being rounded out by this coalition Government achieving the objective that was long set for it which is that members of our armed forces get access to or are guaranteed justice in accordance with the same principles that every other citizen has.So as the Hon Mark Mitchell who has just resumed his seat has said a number of areas that this bill covers include changing the previous military onus of proof provisions where if a member of the Defence Forces was up on a charge and was relying on a particular defence or an exception or an exemption the onus was on them to prove that that applied. That now goes back to the consistent situation that every civilian citizen faces which is that those prosecuting those bringing the charge bear the burden of proving every element of the charge. That is right and that is the correct thing to do. Secondly in terms of victims' rights this bill enables those who are victims of offending by a member of the armed services to have the same rights that a civilian would get under the Victims' Rights Act mutatis mutandis. There are some variations to meet the disciplinary environment but they have rights of notification. Where there are issues of detention or bail or if they've been transferred to a hospital or other form of detention then the victim has a right of notification for those things as well. When it comes to penalty the victim has a right to have their views represented either themselves or through a representative. When it comes to the notification procedures as well as that the victim of a misconduct or offence by a member of the armed services has the right to appoint a representative to receive notifications and advice on what is happening with the particular matter. So all of that is right and good. Then of course the other final point that both Mr Mark Mitchell and indeed the Hon Ron Mark referred to was the substitution provisions for members of the bench hearing an offence. If they are to change—if a member who has started hearing a matter falls ill or is indisposed and cannot continue to hear it and there needs to be either replacement there is the right in fact to have a say about that. It doesn't make sense part-way through a trial involving more than one person on the bench for things to continue with somebody who's only heard half the evidence. So it is right that those rights and powers are clarified and indeed established for members of our armed services.This bill brings consistency in terms of rights and principles between the military justice system and the civilian justice system and those who move in and out of both—particularly those who are members of our territorial forces—know that regardless of what status they are acting in they will have the same rights to justice and the principles of justice that they would have regardless of which world they are walking in. That is right.I just make this point. As somebody who as an MP has had the great privilege of seeing many of our men and women in uniform serving whether it's training here whether it's operating here or whether it's operating abroad—indeed I was on a trip with the Hon Mark Mitchell to Iraq where we watched the deployment up there doing their job in very difficult circumstances—I say that every New Zealander should be very proud of the discipline with which our armed forces operate and work. The leadership that every member—those who are officers and those who are non-commissioned—demonstrates and that they show and the discipline that they have makes me very proud having seen that and I know every New Zealander will be proud of the approach that they take to their role. So I would certainly hope—look in the nature of any human organisation there are going to be those who are going to fall by the wayside and make wrong choices every now and again. But I think we can be satisfied that the armed services serving in the name of New Zealand and representing New Zealanders and defending our reputation and our rights and interests are good people. It is through not only effective training and the culture that has developed within our armed services; it is systems like the military justice system that also inculcates that sense of discipline and respect for each other and respect for the law. So on that basis like my colleagues I support the bill.