Military Justice Legislation Amendment Bill – Third Reading – Video 7

Military Justice Legislation Amendment Bill – Third Reading – Video 7

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and I therefore commune this build to the house thank you I called Gareth he’s a cured of mr. speaker Noma he knew how to cure ah I rise on behalf of the Green Party to support the Military Justice legislation Amendment Bill look I’ll reveal to the house that I come from military family both my parents actually met in the New Zealand Navy wider family was involved in it I’ve rebelled I joined the hippy Navy and went sailing with the Rainbow Warrior instead but look it’s a important part of my history an important part of our country’s history and what we’re doing today was the support I believe all matters in the house as aligning and updating our military legislation making it closer in terms of the progress we’ve made and the civilian sector with our normal justice system three main positive changes from this legislation regarding victims rights the onus of proof in those cases where the person is unfit to stand trial now the first is preserving victims rights now here you did see a very clear anomaly and separation between the two military just between the two justice systems as a result of our 2002 victims rights legislation those who were perhaps unfortunately a victim of serious sexual or physical violence had the right to be informed not only about the application of bail but why distinctions such as bail breaches release and escape of offenders that had offended against them now what we know is that that wasn’t this case within the military justice ecosystem a clear separation and I think for those who were subject to those offenses in the military system quite a clear and egregious secondary abuse to them I know it could be seen as quite a traumatic experience and a real victim ization when the information just wasn’t provided so I’m glad to see this updated I guess at the middle level I want to read a quote from gaara’s Garman from the Green Party who was there standing in for us on the Select Committee and heard the submissions that in this case the discrepancies between procedural safeguards the standards fitness to stand and even victim rights were not in alignment and therefore not really novel to throw to who they did apply to there’s kind of discrepancy really undermines the rule of law across those jurisdictions and this is where I think for me it was quite shocking to learn that there was a not only a separation but a complete reversal of the onus of proof in the military justice system I bet if you surveyed 99% of New Zealanders they wouldn’t be aware of this and would be quite staggered because it is such an important constitutional point in our traditional justice system it’s great that the onus of proof is being reversed back to what most people will consider a more natural and normal sense and lastly when it comes to those cases where the offend or the alleged offender is declared unfit to stand trial what is happening in this legislation is now aligning it closer to the civilian justice sector requiring two experts psychiatric report before someone is declared or considered unfit to stand trial a much better situation than the status quo in the military justice sector so look mr. speaker I won’t take them to much more time except to say that this is a positive legislation I guess on the other side of the ledger while we’re also talking about our civilian law as it relates to military forces I’d like to acknowledge the work of dr. kinder grammar former Green MP who’s been pushing successive governments to sign up to in our legislation that Kemp Allah I believe convention internationally we’re heads of state can be put on trial when they breach international law when it comes to conflicts and abuse of power invading other nations for example something I hope to introduce as a concept of this house of members our own aware and something I believe it’s high time for our country to sign up to cure Dakota I call crispy Thank You mr. speaker for the opportunity to speak on this the

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