Mark RonMILITARY JUSTICE LEGISLATION AMENDMENT BILLThird ReadingHon RON MARK (Minister of Defence): I move That the Military Justice Legislation Amendment Bill be now read a third time.The purpose of the Military Justice Legislation Amendment Bill is to enhance the efficiency transparency and consistency of the military justice system with the law governing the criminal justice system and to correct minor flaws in the relevant legislation. Most significantly it aligns the rights of victims in the military system with those in the civilian system.I would like to acknowledge the Hon Mark Mitchell who introduced this bill on 15 August 2017 for the work that he did when he was the Minister of Defence. It is an important bill and one that I was happy to take forward given its intent of making legislative amendments to the military justice system in the areas of victims' rights notice of judiciary appointments court martial procedures and onus of proof which I will speak about in a little while.The bill was considered by the Foreign Affairs Defence and Trade Committee which reported back to the House on 4 May. The select committee process and the committee's report demonstrated the strength of this bill—again I say put up by the Hon Mark Mitchell—as do the broad support it enjoys both in this House and within the wider community and I will say specifically within the military community. During the consideration of the bill by the committee of the whole House it has enjoyed the full support—again a testament to the strength and importance of the bill.One part of the bill that has been subject to much comment during both the second reading and during the committee of the whole House is that around onus of proof in particular. I wish to make clear that under the common law and section 25(c) of the New Zealand Bill of Rights Act 1990 any accused has the right to be presumed innocent until proven guilty according to law something that I didn't always feel was actually—so when I was a recruit under training at Regular Force Cadet School they often pre-empted their orders with the words March in the guilty [person]"—to change the word slightly Mr Mitchell.The prosecution has the burden of proof to the standard of beyond reasonable doubt. That right also applies in the military justice system. Until now however there has been an odd quirk within the Armed Forces Discipline Act section 3(2). Clause 4 of the bill is intended to remove this unusual exception whereby should a person have a defence to a specific offence they must prove it on the balance of probabilities. This was a reflection of provisions that used to exist in the civilian system but had been repealed. I also introduced during the committee of the whole House a Supplementary Order Paper to ensure that the changes intended by the Courts Matters Bill to the way fitness to stand trial is managed would be equally reflected in the Armed Forces Discipline Act. This could not have been done prior to the committee stage as it was most appropriate to wait until the Court Matters Bill had been recommended to the House by the Justice Committee considering it. That Supplementary Order Paper was also agreed to by the committee. With these changes the military justice system is updated and better aligned with that in the civilian system and on that basis I commend the bill to the House."