Mitchell MarkHon MARK MITCHELL (National—Rodney): Thank you Madam Speaker. The first thing I'd say is I'd reach out across the aisle to the previous speaker and I'd say: if you believe in it if you do believe with the intent around the coward's punch then vote for the bill—vote for the bill. Let's take it through to select committee. I know that the sponsor of the bill Matt King is very happy to work with New Zealand First to make sure that we have a good piece of legislation that comes back into this House. So I would put it to New Zealand First that they actually stand up live their values and that they support this bill and they take it to select committee.Can I acknowledge Matt King. The reason why I like members' days and members' bills is that they often come into this House through real lived experience out in the community. Often it's experience built up over years. I acknowledge Greg O'Connor and his service and his experience in the police and I'll come to the issues that he raised shortly if I have time.Matt King brought this bill into the House. I'll tell you why: because in his service as a front-line police officer and a detective he saw case after case where people's lives were destroyed through coward punches through someone that struck or punched or assaulted someone.Greg O'Connor: Not in the legislation—not in the legislation.Hon MARK MITCHELL: They didn't actually see it coming. No it actually isn't in the legislation and can I say to Mr O'Connor: don't worry about the defence lawyers. They're not going to be confused at all. They'll understand exactly what the intent of this legislation is.I'm sure that Mr O'Connor himself has got many manslaughter cases that he's probably taken to court where on the night of the assault it might be a patched gang member that's intoxicated that's dressed in his gang regalia in the middle of the night that's overtly vicious and violent—Hon Member: It's not just gang members.Hon MARK MITCHELL: —it's not just gang members but I'm giving an example to Mr O'Connor—who then will turn up to court on a manslaughter charge dressed and clean shaven like I am sit down and then have to prove the mens rea. How many cases have you lost Mr O'Connor at court because of that?Greg O'Connor: None.Hon MARK MITCHELL: And the victim who's had their life altered forever—I can guarantee that it's happened. So what Matt King has done and it's a clever bill is he's come in here and he's said that in that scenario if someone is struck—and let's not forget the seriousness of this. That person that's struck is losing their life. They're not turning up the next day to see their family. They're not turning up the next day to work. We'll never see them again. They'll never walk in this beautiful country again. They're gone—they're gone.What this bill has done is recognised that through the assault a coward's punch you're removing the mens rea. You're removing the ability for that person to put their suit on and to come into court two months later and say to the judge I didn't realise that that was going to be the outcome." Well I'm sorry; what Matt King is saying is that's not good enough. If you decide to strike someone if you decide to hit someone with a baseball bat—which is an example that was given by the Government—if you hit someone with an object if you kick someone if you kick someone in the head while they're on the ground—ASSISTANT SPEAKER (Hon Ruth Dyson): Mr Mitchell I'm not hitting anyone with anything. Please don't bring the Speaker into the debate.Hon MARK MITCHELL: OK Madam Speaker.ASSISTANT SPEAKER (Hon Ruth Dyson): Thank you.Hon MARK MITCHELL: —then actually you should be held to account for that—you should be held to account. Sorry Madam Speaker. You shouldn't be held to account—but Mr Ball should be without a doubt. That's exactly what Matt King has done.I served on the East Coast of New Zealand. I could give you a dozen examples of people that were hit by someone unsuspecting that have fallen and have either lost their life or had parts of their skull removed to allow the brain swelling who never fully recover who will never have the quality of life back again. They may get charged with a grievous bodily charge or if they kill someone with a manslaughter and they may go up in front of the court in a suit like mine and they may get off it. Go and ask the public in New Zealand how many times they've seen people with a reduced sentence or get off because they haven't been able to prove the charge. This is saying: if you punch someone or if you hit someone with an object and you kill someone—Darroch Ball: It's murder.Hon MARK MITCHELL: No it's not. There's no mens rea attached to this. There's no burden of proof. Will defence lawyers like it? No they won't because they know that this is a much tougher regime on someone that's cowardly enough to kill someone."