Mark RonMILITARY JUSTICE LEGISLATION AMENDMENT BILLFirst ReadingHon RON MARK (Minister of Defence): I move That the Military Justice Legislation Amendment Bill be now read a first time. At the appropriate time I intend to move that the bill be referred to the Foreign Affairs Defence and Trade Committee for consideration.This bill introduces new elements of fairness and equity to the military justice system by amending the Armed Forces Discipline Act 1971 The Court Martial Act 2007 and the Court Martial Appeals Act 1953. These elements will bring the military justice system closer in line with the broader criminal justice system including by enhancing victims' rights. As a matter of principle the Government believes that the military justice system should grant to our armed forces personnel the same rights enjoyed by civilians in the criminal justice system to the greatest extent possible consistent with the efficient and disciplined operation of the armed forces.While the military justice system is and must remain separate from the criminal justice system due to the unique nature of the work risks expectations and discipline imposed on serving members it is prudent to review and update the system as necessary to ensure that those operating under the system retain the right to a fair trial and are respected throughout the judicial process. This includes both those who are accused and the victims of crimes. Between 2002 and 2006 during the fifth Labour Government the New Zealand Defence Force undertook a major review of the military justice system to bring it into the 21st century and to increase both its robustness and its fairness. This review culminated in a series of legislation that came into force in 2009: the Armed Forces Discipline Amendment Act (No 2) 2007 the Court Martial Act 2007 the Court Martial Appeals Amendment Act 2007 and the Defence Amendment Act (No 2) 2007.Since 2009 it has become apparent that further changes should be introduced where transparency efficiency and consistency with the civilian criminal justice could be enhanced. This bill was developed and introduced under the previous Government on 15 August 2017. The bill makes legislative amendments in the following four areas of the military justice system: victims' rights notice of judicial appointments Court Martial procedure and onus of proof.In the area of victims' rights the bill confers the same rights to military victims of serious offences of a sexual or violent nature to those rights they would receive in the civilian justice system as victims of the same crime under the Victims' Rights Act 2002. This includes the right for the victim to be kept informed and consulted in respect of decisions such as the granting of bail to the perpetrator. It will mean that the Director of Military Prosecutions will make all reasonable efforts to ascertain and provide the victims' perspective before any decision on bail is made and informing the victim of any changes to bail terms and of the impending or permanent release of the prisoner.This change must be made to ensure equality of justice for those victims of serious crimes that take place under military service. It adapts the current system to the modern world and to the high expectations we rightfully have for the treatment of the victims of serious crime. The New Zealand Defence Force is currently undertaking a significant programme of education standard setting and a zero-tolerance approach around inappropriate and harmful sexual behaviour called Operation RESPECT. This law change is part of operationalising this culture change for the victims of such offences. It's about walking the walk not just talking the talk.In the area of giving notice of judicial appointments the bill removes an unnecessary and inefficient process step contained in the Court Martial Act 2007. The Act currently requires the Chief of Defence Force to arrange for notice of any judicial appointments to the Court Martial to be published in the Gazette. Notice of the judicial appointment to any other court in the civilian criminal justice system is published in the Gazette on behalf of the person appointing the judge without need for such a provision.In the area of Court Martial procedure the bill aligns the provisions governing whether an accused in unfit to stand trial with those provisions in the civilian system—in particular those in the Criminal Procedure (Mentally Impaired Persons) Act 2003. The current situation is not fair and it does not reflect equal justice under law in that mentally impaired people subject to the military justice system are not afforded the same rights as those who would be subject to civil law. An area of particular importance to those serving in uniform is that this will also include such mental disorders that have developed as a result of their service such as post-traumatic stress injury and post-traumatic stress disorder.The bill gives powers to the Director of Military Prosecutions or the prosecutor to object to the assignment of a particular military member to the Court Martial. This is important for there could be an inappropriate relationship between members of the Court Martial and the accused such as a conflict of interest or a personal relationship. Without this change there is potential for a miscarriage of justice to occur. Under the Court Martial Act 2007 a substitute military member can be assigned to the Court Martial when a military member is not able to carry out their duties. This bill amends the Act to provide that a substitute military member cannot be assigned after the accused has entered a plea. Without this amendment a substitute member of a Court Martial can currently enter a trial midway through without having heard the preceding evidence or reviewing witnesses.Finally the bill makes a significant change to the onus of proof within the military justice system. Currently members of the armed forces accused of a charge must prove on balance of probabilities any excuse exception exemption or qualification they use as a defence to the charge. This is fundamentally unfair and unequal with the criminal justice system which places the onus of proof squarely on the prosecution. Ensuring that our military justice system abides by the principle of innocent until proven guilty is essential to ensure that those who serve are not legally disadvantaged because of their place of employment.To conclude I believe this bill is a welcome and a necessary update to our military justice system which will bring it further in line with the civilian criminal justice system by enshrining into law commitments to fairness equity of treatment respect and care for victims and efficient due process. May I thank the previous Ministers of Defence from the previous Government. I acknowledge the Hon Mark Mitchell who was in office at the time of the development of this bill from 2016 to 2017 and the Hon Gerry Brownlee for their work and their diligence. Can I also thank the Defence Force staff who were involved in the preparation of this bill in partnership with the Ministry of Justice and the Chief Judge of the Court Martial and also those who were consulted on the policy underpinning the bill including the New Zealand Law Society and Victim Support.I welcome the opportunity to test the policy behind the bill through the select committee process and I would certainly say that having been—may I conclude by saying that having been a member of the armed forces and on both ends of the military justice system these are welcome changes. I would anticipate—and it will actually go some way to dismantling getting rid of an attitude that was often referred to when young men and women were marched into the orderly room. It's one word I won't use in the House but it was often described or heard or evidenced by the phrase march in the guilty person". I commend this bill to the House."