Courts Matters Bill and Tribunals Powers and Procedures Legislation Bill – Second Reading – Video 1

Courts Matters Bill and Tribunals Powers and Procedures Legislation Bill – Second Reading – Video 1

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this bill is sit-down for committee stage next sitting day I call on government orders of the day numbers five and six courts matters bills second reading tribunals powers and procedures legislation though second reading madam Speaker I call the Honorable Opie talks to a William seal madam Speaker I move that the courts matters bill and the tribunals powers and procedures legislation bill be now read a second time at the outset madam Speaker I want to thank my ministerial colleagues of the goldish in government and the support partner for working constructively with me and my staff to ensure that the necessary policy changes were made to improve these bills and to approve the necessary funding that’s going to be required to implement the changes that this bill will entail I also want to acknowledge the efforts of the Justice silic committee members in examining the bill and I want to thank the committee members for their hard work and assuring this particular bill through the Select Committee stage the committee received 48 written submissions and heard 15 all submissions the submissions came from the judiciary the professional organizations interested groups and individuals and I want to thank those who took the time to present to the committee I want to thank them for their energy and for their sharing their experiences I believe that by sharing their expenses they were able to add value to the final outcome as presented to the House this evening people’s experiences our courts and tribunals shape their views of the integrity of our justice system and some of the legislation governing the courts and tribunals system there’s outdated and does not meet public needs and expectations and and therefore need to be changed these two bills contain relatively small but important changes to the court and tribunals powers and processes the tribunals powers and procedures legislation which I will hereafter referred to as the tribunals bill amends the powers and procedures of 21 tribunals which the Ministry of Justice administers these tribunals includes the disputes tribunal and the Tennessee tribunal which almost 30,000 New Zealanders Axios in the 216 217 financial year the financial the tribunals bill will also disestablish the defunct burnings flat land title’s commissioner and they really used health boards of Appeal in the maritime appeal authority that this report will hear any future cases Arthur letter to tribunals madam Speaker I will highlight some of the changes that Justice Committee has recommended to the tribunals bill and I consider these will improve the bills effectiveness one of the most significant changes being made through the tribunals bill are a result of the actions that this government has taken to address the backlog of cases at the Human Rights Review Tribunal the Human Rights Review Tribunal provides important services with people who may have had their human rights rights to privacy or health and disability services rights breach since 2015 the number of claims farther the tribunal has exceeded the resources a significant case backlog has developed over the past seven or several years between 2014 2015 to 2016 to 2017 financial years the number of new cases received by the Human Rights Review Tribunal grew by 92% this led the number of backlog cases to grow by a hundred and forty-four percent from 52 cases as it was at the end of 2014 2015 to a hundred and twenty seven cases at the end of 2016 2017 as of 30th of June 2018 there are currently 135 active cases before the tribunal and following advice from the Ministry of Justice including that of submissions made by the public and notably by the chairperson of the Human Rights Review Tribunal Rodger Haines QC I took a paper to cabinet to get agreement to amend the Human Rights Act in 1993 to enable the appointment of deputy chippers as to the Human Rights Review Tribunal and I want to thank the Minister of Justice also both Museum first in the green part party for working with me in my office to reach agreement quickly so that we can collectively work towards a solution that will address the backlog of these cases menace speaker that justice silic committee has incorporated the government’s proposal to reduce the case backlog at the Human Rights Review Tribunal the tribunals bill now authorizes the appointment of one or more deputy chair persons to this tribunal instead of a second chairperson the new Deputy Chairperson will be able to perform the same functions as their offer chairperson this will help to reduce the unacceptable backlog because much of this tribunals work has to be undertaken by the chairperson and will provide people with greater access to justice the tribunals bill will now also include procedural changes to help further reduce the human rights Review Tribunal backlog for example the chairperson or a Deputy Chairperson will be able to decide minor matters on the papers instead of hearing instead of a having a hearing being held the reported back bill has amended the procedures governing the awarding of compensation for financial losses arising from a real estate agents and satisfactory conduct this amendment will reduce duplication of hrithik in addition the bill now clarifies that compensation for financial losses caused by a real estate agents poor behavior must be in order the court could make there are currently no constraints from the nature the compensation that the real estate agent disciplinary tribunal can award the a minute build has also addressed other anomalies for example madam Speaker the bill has authorized the enforcement of fines fee refunds and compensation the legal complaints review officer has ordered it is currently unclear if these orders can be enforced this build has also removed the requirement for these orders to be enforced in the High Court if the amount is more than 12,000 in future orders of up to $350,000 will be able to be enforced in the district court enforcement this report is simpler and cheaper the report back bill is authorized insurance companies to be represented at disputes tribunal hearings by agents as well as by employees or officers this will achieve a bit of alignment with the way that insurance companies operate insurance companies are parties who are around one third of dispute tribunal cases – we Co are now turned to the aminute courts matters board and I will highlight some of the changes that justice committee has recommended to this bill the court matters bill amends 15 acts that govern port security fines enforcement and criminal and Family Court procedures the reported backdoor makes further amendments to criminal court procedures this bill is now amending the courts remote participation Act to enable judges to allow any participant in a Criminal Procedure hearing to appear failure to appear via audio-visual link technology or ABL as it is commonly known if ABL is available and its use is not contrary to the interests of justice this will enable participants such as counsel witnesses to appear by a abl during criminal procedural hearings currently defendants who are in custody mus appearing criminal procedural hearings who are we if it is available ABL can be used in criminal sentencing hearings or in civil proceedings but the committee has removed the amendments for the court matters bill that authorized the minister of courts to extend the scope of the courts Security Act to improve further courts and tribunals through a kazakh notice instead these decisions will continue be made by regulations and I plan to progress regulations to extend the scope of the Act to include further tribunals that the Ministry of Justice administer madam Speaker the committee’s recommended changes to the care of children act to limit the release of psychological report writers material so that party can only obtain information about themselves the court will be able to impose any conditions concerning the release of the information it considers necessary this will give judges greater powers around the release of this information and I know that the psychological report and any associated materials belongs to the court the committee has recommended this house consider further changes in the committee of the whole house to a prohibit entirely the release of psychologists notes and other materials the Minister of Justice is leading a review of the 2014 family justice system reforms we’ve discussed this matter and an agreement that this important issue is better dealt with in the review this will enable consultation family court to – REE the report writers raw society to ensure that changes we make are the right ones I apologize the question is that the motion be agreed to madam Speaker I call Christine thank you madam Speaker it’s a pleasure to begin the

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