Power Simon: Family Courts Matters Bill — First Reading 
Power Simon: Family Courts Matters Bill — First Reading 
[Volume:641;Page:11464] 
SIMON POWER (National—Rangitikei) 
: 
 National will support the Family Courts Matters Bill at its first reading. I must say I was very concerned to hear the Minister Rick Barker say at the start of his contribution that this bill was just a technical bill. Actually it makes substantial changes to the way the Family Court operates. In fact the openness of the Family Court to proceedings has been a very controversial issue for quite some period of time. Had the Minister read the explanatory note of the bill he would know that it states that proceedings in a Family Court are closed to the public in order to protect the privacy of the parties. This bill proposes to increase the openness of Family Court proceedings. That is not a technical matter that is not a minor matter and that is not a mechanical matter; that is a substantial change from what up until this point has been the status quo for many many years. 
Many members of Parliament will have been approached by constituents concerned about the openness of the Family Court and the ability to have their side of the story told. The submissions process at the Social Services Committee will provide I imagine an extensive opportunity for submitters to comment on the effect of opening the Family Court in certain respects. The explanatory note notes the significance of the bill and had the Minister bothered to read it he would know that it states: “Any change to the openness of Family Courts must strike a balance between open justice and the privacy of the individuals children and families that are involved.” That is not a technical or minor matter; that is a substantial weighing of competing interests between critical parties to proceedings before a court of law in this country. For the Minister for Courts to say that this bill is merely technical is to mis-state the significance of the legislation. The bill amends the current legislation in order to increase the openness of Family Court proceedings and improve the efficiency and effectiveness of the Family Courts by making changes to processes and procedures. My colleague Judith Collins will spend some time in her contribution talking about those changes to processes and procedures. 
As to the opening of the Family Court let this House not underestimate the significance of the balancing of those weighted interests in making this decision to support the bill. The Social Services Committee that has to deliberate on this bill with the submissions that will come before it on the bill has a significant responsibility when dealing with the bill to weigh and balance the right to open justice and the privacy of individuals particularly children whose rights and interests are so often represented at the Family Court. 
The main points laid out in this bill allow the media to attend hearings of certain proceedings. That is not a technical matter that is not a mechanical matter and that is not a minor matter. It is a significant shift to legislate in that way. The bill also proposes to allow support persons to attend proceedings and most significantly it allows reporting on Family Court proceedings in a way that we have not seen before. But if the case involves vulnerable children the leave of the court is necessary in order to publish identifying information. This exception is welcomed by the National Party because these considerations as to the needs of the children as opposed to allowing sunlight on the proceedings are the most crucial two parts of the equation to balance. 
 The Family Proceedings Act and the Care of Children Act are amended in relation to non-judicial mediation with the registrar having power to determine whether mediation is appropriate in certain situations. Matters relating to dress of judges and counsel will be covered in the legislation as well. This will be spoken directly about by my colleague Judith Collins. There are significant amendments to a number of other pieces of legislation relating to penalties if the provisions on reporting are breached and they are aligned with other legislation that will deal with matters of this nature. 
As I said at the commencement of my contribution National will support this bill to a select committee in the first instance but will listen carefully to submissions and will balance the rights of those who are dealt with by the Family Court against the principle that justice should be open and available for people to see. The question as to whether the reporting provisions on the media attending hearings are balanced properly by the wording of the legislation to hand are important considerations for the select committee. 
I just conclude by saying—as I do not intend to take a full 10 minutes—that it is wrong for the Minister to describe this bill as merely technical; it is not. This is a significant change to the premise that has operated for some time as to the way our Family Court system operates. Yes there are some technical amendments further back in the bill but the main provisions of this legislation to pry open the workings of the Family Court in certain instances are a significant step which should not be underestimated by this House. I know that the Family Court bench are supportive of a more open and accountable Family Court system and that is to be welcomed and listened to carefully. 
Although I will not sit on the select committee that considers this matter I urge members of this House who will sit on it to ask the judiciary to appear before the committee to explain not only what the legislation will mean for them in presiding over the proceedings that appear before those courts but what in practical terms some of the procedural amendments that are being proposed will mean. I urge the select committee to be assured that the judiciary will continue to exercise its discretion in a way that limits the harm or exposure that could occur to those who are vulnerable—in particular children—whose rights and entitlements are dealt with by the Family Court. 
National will support the first reading of the bill. I leave it to my colleagues to go into some of these matters in detail but let me say that National does not consider this bill to be a technical one. National considers this to be one of the most significant pieces of legislation affecting the way our court system—and in particular our Family Court system—operates that we have seen for some time.