Power Simon: Courts (Remote Participation) Bill — Third Reading 
Power Simon: Courts (Remote Participation) Bill — Third Reading 
[Volume:664;Page:12415] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Courts (Remote Participation) Bill be now read a third time 
. This bill enables the wider use of audiovisual links in New Zealand courts. The bill sets out criteria that must be applied to any decision to use video links. These criteria are specifically designed to protect the fair trial rights of defendants and other participants in the court process. I shall take a moment to go through these criteria as they are pivotal to the operation of the bill. 
Clause 5 sets out general criteria that must be considered in any decision to use video links at any type of proceeding. The court must examine the nature of the proceeding—for example whether it is procedural in nature or a substantive matter. The court must also look at the technology available and how use of that technology will affect all participants in the case. Clause 5 also enables the court to take into account any other relevant matters. Such matters might include the views of other participants such as the child in a Family Court proceeding or whether the accused represents a significant security risk. 
In the more specific case of a criminal proceeding clause 6 provides additional criteria that must be considered which go to the defendant’s right to a fair trial and the defendant’s ability to comprehend the proceedings participate in the defence consult and instruct counsel privately access relevant evidence and examine witnesses for the prosecution. 
I listened carefully to the debate on the second reading and last night to the debate of the Committee of the whole House. I was persuaded by the arguments put forward by a number of members that more explicit protection is needed for the appearance of a defendant at his or her actual trial. Last night I tabled an amendment to clause 9 which states that audiovisual links cannot be used for the appearance of the defendant in a trial that determines his or her guilt or innocence without the defendant’s consent. These changes mean that it is defendants who will decide whether they appear by video link at their own substantive trial. Other participants including witnesses in substantive matters will still be able to appear by video link. In my view this preserves the fair trial rights of the defendant while still enabling the wider use of video links in New Zealand courts. 
Notwithstanding the debate that has taken place this week it is important to recognise that this bill is not just about defendants appearing by video link; that technology will be available to a wide range of participants in the court system. In allowing for this the bill enhances access to justice not just for those involved in criminal proceedings but also for individuals families and businesses trying to resolve their civil disputes. It will mean that a day in court is not contingent on every participant being in the same place at the same time regardless of whether that is convenient efficient reasonable or safe. Enabling the greater use of video links through this bill will benefit a wide variety of court users minimise the costs and risks associated with transporting prisoners and contribute to this Government’s reform programme which has a wider goal of a safer more efficient and effective justice system. 
What a difference 24 hours can make in Parliament! I close by stating that I appreciate the very genuine way in which members across the House put their case for a change to this bill and that was the spirit in which I considered their arguments. I commend this bill to the House.