Courts Matters Bill and Tribunals Powers and Procedures Legislation Bill- First Reading – Video 4

Courts Matters Bill and Tribunals Powers and Procedures Legislation Bill- First Reading – Video 4

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and I support this bill to the house you know creates among IOT funny as a member of the Justice and literal Senate committee we have another piece of legislation that has been referred to our Select Committee and as my colleague Andrew little has highlighted it’s an incredibly relevant in important areas to do with court matters but also tribunal powers and procedures and I just specifically want to talk to those tribunal powers and procedures because in the bill specifically we have talked about the Disputes Tribunal in the raising of the threshold from 15,000 to 30,000 we’ve also looked at the real estate agents disciplinary tribunal and the ability to award monetary compensation up to a hundred thousand and specifically mention has been their private security personnel and private investigation investigators licensing authority now the other aspect of the Tribunal’s powers and procedures legislation bill has been about the standardization of powers and procedures for the other tribunals and I just want to note how those tribunals are so they are the Disputes Tribunal the tenancy tribunal the licenses in certificates tribunal a tribunal motor vehicle dealer disputes immigration tribunal real estate agents tribunal the abortion Supervisory tribunal excellent compensation copyrights tribunal customs tribunal lend and title lawyers and conveyancers legal aid social security texts trans-tasman occupations weather-tight homes Waitangi tribunal and I just want to highlight I didn’t even know we had a student’s tribunal but that tribunal exists to appeal MST decisions on student allowances about the tribunal I specifically want to focus on mr. speaker as the human rights review tribunal and the reason I want to focus on the human rights Review Tribunal and the human rights Review Tribunal reviews decisions by the Human Rights Commission the Privacy Commissioner and also the health and disability commissioner and the reason I specifically want to speak to the Human Rights Review Tribunal is that there was a minute dated the 10th of March 2017 in net minute essentially which was written by the chair of that tribunal Rodger Haynes highlighted these particular issues it highlighted that the workload of the tribunal has increased from 2014 to 38 cases in 2014 81 cases in 2015 to 93 cases in 2016 and the relevance of their increased workload is that because of the Juris section of his role he’s actually empowered under part four of the Human Rights Act in its section 104 four then in fact he is the only one who can sit on any case and determine any interim orders and because of the legislation this seems to be in issue and so in that minutes Rodger Haynes highlighted that Viette only allows the appointment of a deputy chair when he is unavailable so in fact what we have seen for example and I’ll use a case that I had in the Human Rights Review Tribunal I took a case in July 2013 Mr Speaker we had a hearing in July 2014 in effect the written judgment only came out in May 2017 so it took two years in ten months for a decision to come out of the Human Rights review tribunal and the reality of the situation as that there must be an amendment to section 102 one of the Human Rights Act and in fact in the minutes Roger Haynes has suggested what that amendment should be and it should read that section 102 one should read the Governor General on the recommendation of the minister may appoint a deputy chair or chairs of the tribunal what that would would do is actually enable the tribunal to manage its workload I also think that would enable the minister in the tribunal to appoint specific tribunal chairs under the areas of human rights privacy in health and disability I bring these to the house because I don’t think that those changes can be accommodated in this piece of legislation and so I’m highlighting that whilst we support these two pieces of legislation to Select Committee already I’ve identified another tribunal that needs us another specific amendment and so what I’m hoping is that through this process and through the ability of representatives of those other tribunals that I’ve read out they will be able to come to the Select Committee and make specific recommendations about further amendments that would actually enhance the ability of the tribunals and the courts to do their job because that seems to be the emphasis of this piece of legislation to make our courts to make our tribunals more accessible to the public and actually expedite decisions because in fact what’s happened in my particular case is that I’ve appealed the decision because after 2 years and 10 months there are some issues in terms of accuracy of the decision or the judgment that was passed down and so I’m having to go to the High Court to challenge that decision and so it seems inefficiency in the system that I’ve had to do that and I do believe just as the High Court have some very specific goals around how long it should take for judgments to be issued 90% of high court cases within three months I think it’s also valuable for us to look at other amendments at this early stage that could possibly be made to this piece of legislation so I’ll leave my contribution there but I also hope that I will be a member of the justice and electoral or whatever it may be called in the future because it’s a committee that I think as incredibly has been collegial and we have worked and in a really constructive manner to make sure that the pieces of legislation that go through our select committee actually take on board recommendations through the Select Committee process because we want the best legislation to enhance the functioning of our courts our tribunals and ultimately our justice system Kilda Mr Speaker I call Maureen pure Thank You mr. speaker and I too stand in support

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