McKee NicoleCOURTS (REMOTE PARTICIPATION) AMENDMENT BILLSecond ReadingHon NICOLE McKEE (Minister for Courts): I seek leave to present a legislative statement on the Courts (Remote Participation) Amendment Bill.ASSISTANT SPEAKER (Teanau Tuiono): Leave has been sought for that course of action. Is there any objection? There is none. That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon NICOLE McKEE: I move That the Courts (Remote Participation) Amendment Bill now be read a second time. I'd like to begin this speech with talking about the select committee. I'd like to thank the chair and the members of the Justice Committee and take the opportunity to wish the chair a happy birthday today. I'd also like to acknowledge and thank all of the people who have been involved in this work for their thorough consideration of the bill. I also want to thank the submitters who took the time to express their views on this bill.At the Justice Committee 16 written submissions were received from interested groups and individuals. Four of these submitters also made oral submissions. The submitters raised many useful points some of which I expect the Ministry of Justice will consider as part of the first-principles review of the Courts (Remote Participation) Act. Submitters were largely in favour of the changes in the bill and the continued use of remote participation in the courts.Some submitters raised concerns about the use of audio links and remote participation more broadly. I am confident that the existing safeguards in the Act and the new safeguards in the bill will ensure that the use of remote participation is in line with the principles of natural justice and will uphold the rights of parties.The Justice Committee has not recommended any changes to the bill. This reflects the targeted nature of these amendments. More substantive suggestions for change were made by submitters however these were beyond the policy intent of the bill. I'd just like to touch briefly on why this bill is needed. This bill is returning to the House and it signals another step towards fulfilling the Government's commitment to enable more remote participation in court proceedings. This work forms part of the Government's core priorities to restore law and order. As we know our courts are under pressure and delays in court processes have a significant impact on court participants particularly those who are vulnerable. The drivers for these delays are complex and have been exacerbated by events such as the COVID-19 pandemic. This Government is committed to improving court performance and access to justice so that people can move on with their lives faster. The greater use of remote participation can help us to achieve this goal.In addition justice sector agencies and the judiciary are continuing to work on a wide range of other initiatives to address delays. This includes improving case management reducing adjournments and providing for same-day sentencing. What this bill does in order for me to remind the listeners at home watching it makes three discrete changes to improve and clarify the legislation governing remote participation in court proceedings. Two amendments are to the Courts (Remote Participation) Act and one is to the Criminal Procedure Act.Firstly the bill gives victims and their support person the option to observe criminal trials and sentencing remotely instead of in person if suitable technology is available and a judicial officer or court registrar considers this to be appropriate. This gives victims a safer and easier option to attend these hearings as it enables them to avoid the stress and the potential for re-victimisation and intimidation of attending court in person. Victims may also benefit from reduced travelling time and those associated costs. However I anticipate that some victims will still want to attend in person and importantly they are still able to do so if they wish.The second change allows for the use of audio links such as telephone conference calls for appropriate court proceedings. Audio links will not be used in criminal proceedings that defendants attend because it is critical to the delivery of justice that defendants can engage effectively in proceedings that affect them. Likewise proceedings under mental health legislation that will determine whether a person needs to be compulsorily detained and treated cannot be held using audio links if the person is required to attend the hearing.The use of audio links will increase the number of people able to participate remotely. Many people in the community who are involved in court proceedings may not have access to audio-visual technology. With this change they will still be able to avoid the time cost and effort of travelling to court for short procedural hearings.The third change makes permanent what was a temporary amendment to the law during the pandemic. That change clarified that remote participation in criminal proceedings and remote observation by the media and the public are consistent with the principle of open justice. Open justice enables public scrutiny of criminal proceedings and promotes public understanding of and public confidence in the criminal courts. These changes together strike the important balance between providing more efficient and accessible ways to participate in court proceedings fair trial rights and the fundamental constitutional principles of judicial independence. The bill maintains judicial control over the use of remote participation in courts and recognises that it will not always be appropriate or possible for technology to be used in some court proceedings.The first-principles review that's being undertaken is a review of the Courts (Remote Participation) Act. This review aims to identify a clear enduring regulatory framework that will enhance access to justice promote efficiency and enable more remote participation in court proceedings without compromising the interests of justice. The Ministry of Justice will be engaging with the judiciary and other agencies as the review progresses.In conclusion the Courts (Remote Participation) Amendment Bill is one step towards our wider goal of enabling more remote participation in court proceedings. Passing the bill is part of the Government's Q3 Action Plan for New Zealand. I commend this bill to the House.