Goldsmith Paul; Faafoi KrisHon PAUL GOLDSMITH (National): Thank you Madam Chair for the opportunity to say a few words and ask some questions of the Minister in the chair Kris Faafoi. Obviously I'm very new to this portfolio following the arrival of a new leadership team here in the National Party one that will effectively hold this Government to account and reflect the widespread frustration there is across the country over the general conduct of this Government in a whole host of areas. So we're very much looking forward to that discussion and I'm very much looking forward to our role in Opposition of opposing and proposing better justice policies for this country—a country where after a couple of decades of making great progress on reducing crime statistics and the victims of crime in this country in the past few years most statistics have turned around in the wrong direction and are getting worse.We heard today in select committee that family violence has increased around 60 percent in the past five years which is having a huge impact on people's lives. Sexual violence is obviously a component of that and something that we're focusing on in this legislation here today introduced into this Parliament. I don't think anybody reasonably looking from the outside would dispute the basic proposition that overall victims of sexual crimes have a hard row to hoe in terms of getting justice because of fundamentally the difficulties of proving what went on in situations where it's not easy to prove. So there are many many instances where justice is denied and so I think there is a widespread desire to do what we can to reduce the retraumatisation of complainants including victims of crime and to make the process as effective as possible in attaining justice.As we always do in every element of the law we recognise that there are two sides to this equation and being able to defend oneself against accusations is equally important and the rule of law needs to be observed in all those ways. So it is I think disappointing to hear from the Minister that notwithstanding all the very many submissions and very serious issues raised by the New Zealand Law Society and the Auckland district council and many legal elements of the fraternity around elements of this bill very little changes have ultimately been made.We'll be laying out a couple of Supplementary Order Papers in the name of my colleague Chris Penk on a couple of issues that have been raised and I thought I'd start with the one around clause 8 which is in relation to the sexual experience or connection between the complainant and the defendant being relevant or discussed in the course of the hearing. I think again widespread concern about practices in the past dredging up all manner of stories and accusations or implications against the complainant or even potentially the victim of the crime and getting into territory that is not relevant and so the rules have been tightened over the years. This tightens it even more in relation to really reflecting at all on a prior relationship between the complainant and the defendant. So I'd like the Minister to explain exactly how he is confident that what is being proposed here and not being changed at all will still ensure defendants have the ability to raise important and relevant issues in the case. I'd like him to justify that a bit more.Hon KRIS FAAFOI (Minister of Justice): Can I begin by congratulating the member on his new role as justice spokesperson for the Opposition. I would point the member to page 10 of the bill under clause 8: new section 44A outlines a number of processes that a party who does wish to ask any further questions or ask for admissibility of any further evidence over and above the fact that there is a relationship or there has been a sexual relationship in the past which is black and white a fact can propose to do that via application to the judge or the judge can direct for that if the judge believes that that's in the best interests of fair trial. I believe that does strike the right balance in order to get to the desired outcome of this piece of legislation to keep the victims safe from further retraumatisation of going through particular instances and in great detail or a line or manner of questioning which may again retraumatise or revictimise the complainant but also give the defendant's counsel the ability to further question if they believe it is in the interests of a fair trial.