Thank you very much, Mr Speaker. It gives me pleasure to rise on behalf of the National Party and express our continued support for the Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Bill. We supported this bill at its first reading, we engaged proactively through the Justice Committee in the select committee process, we supported it at second reading and through the committee of the whole House process, and today we come to the culmination at the end, which is the third and final reading.
Like the member in the charge of the bill has just stated, we are really looking forward to having this bill in place. We are hopeful that New Zealand, moving forward, may never need to use this legislation, but it’s really important to have these provisions and abilities available for those people who go before the Family Court to ensure they have the protections that they need so that they can actively and proactively engage in the evidence process in the Family Court and in the proceedings that are before that court.
I want to acknowledge a couple of the points that the member in charge of the bill made. This bill is—as she has rightly described—about safety, it’s about dignity, and it is about justice. Throughout my contribution, I’ll particularly highlight that justice point of view and talk about how this will ensure we have the best possible practices in our Family Court proceedings.
An acknowledgment goes to Dr Emily Henderson, who originally had this bill in her name when she was a member of Parliament here last term, and to Tracey McLellan, who picked up that bill on her behalf in this term and has engaged with the Justice Committee, particularly around some of the recommended changes we’ve made so that we could progress the legislation to a place where we thought it was feasible and workable for moving it into the Family Court process.
After we heard from the 30-odd submitters—and, again, as the member in charge stated, many of them gave their real-world experience, their firsthand experiences, of what it had been like for them in the Family Court. For us, as members of the committee, it was really important to ensure that we weren’t dictating what we thought the legislation needed to include but that, actually, we were hearing from those who had experienced it firsthand so that we could get it exactly right. It was challenging at times, thinking about putting yourselves into the shoes of those people giving evidence in the Family Court, and having the perpetrator sitting 2, 3, or 4 metres away. The intimidation factor that that person must have felt was a really core part of why we wanted to ensure we got the legislation absolutely right.
I think that today also demonstrates the collegiality, sometimes, of Parliament. Yes, you may see on the 6 o’clock news, or wherever you get your news, the robustness that comes with this place, but I think what often doesn’t get shown or what doesn’t get cut-through is actually how everybody in this place wants to make New Zealand a better place. Sometimes we disagree about how we get there, but sometimes we actually come together for the good of New Zealand. I think this is a bill that actually truly reflects that, where we can actually put political difference aside and go, “There’s an issue here, and we all, together, all of us in this place, want to fix it and make it better.”, and I think that that is something that we have to show more of to the public so that they can actually see it. Yeah, it’s not about party politics, necessarily; it’s about ensuring we get it exactly right for the New Zealand population, and I think that that is really, really important.
I want to talk about a couple of things in the legislation, in particular. When this bill does become law—which will be happening in the next few days, I would imagine, with Royal assent and then, obviously, some implementation time frames to allow it to take place, which is 12 months, and which the committee agreed to, to ensure we can get our Family Court to a place where it can make sure that this is operational—victims of family violence will now have automatic entitlement to giving evidence using screens or audiovisual links from another location. Previously, that was at the discretion of the judge in charge of the trial, but now this gives them the automatic entitlement to that, which is a really positive step. It takes out any shadow of a doubt, which is a really good thing.
Victims have choice and flexibility in how they participate in Family Court proceedings, and, finally, it actually aligns it with proceedings in the criminal court, which I think closes a gap that we had seen through the committee around what was available in the criminal courts versus what was available in the Family Court. I think that bridges this gap. It creates equal treatment and the same protections for people.
There were five key improvements made through the committee process of the legislation. We focused on actual victims, so we clarified that protections apply specifically to people who have experienced family violence, and that prevents potential misuse by perpetrators, which was some advice that we received. There is the cost-effective implementation—and, again, the member in charge noted this in her contribution—around the removal of what we perceived to be the really expensive video-recording requirements that would have needed well over $20 million in core upgrades for Family Courts across the country. Enhanced judicial discretion: judges can now act on their own initiative to ensure proceedings remain fair, not just on application by other parties. We’ve protected existing processes and made it clear that this doesn’t replace affidavit evidence, which is already protected. The realistic implementation, as I’ve said, is a 12-month period allowing for proper judicial education, staff training, and—importantly—necessary facility upgrades. As I highlighted in my second reading speech, when my colleague Suze Redmayne was here, you can think about many of our potentially more rural Family Courts across the country, and this is ensuring that they’ve got the facilities so that this legislation can be workable in their proceedings, as well.
We had 30 people give submissions to the select committee, and I think eight gave oral submissions, if I remember correctly. What we learnt from those submissions was that there were concerns about the cost in the implementation, which we’ve now addressed. Legal practitioners highlighted the need for stronger judicial discretion, which we’ve responded to. Victim advocacy groups made a number of really worthwhile submissions which emphasised the importance of focusing on the actual victims—we’ve got to remember that that’s at the heart of this legislation. The Ministry of Justice provided practical advice on implementation, which we have incorporated. I think this shows how the select committee process improves legislation through genuine consultation.
Why do these changes actually matter? Well, when victims feel safe, they can give clearer, more complete evidence.
What else? Increased participation. Hopefully, now more victims will be willing to come to the Family Court and engage with the Family Court proceedings because they know they’ve got these protections available to them. If we think about child welfare, better evidence means better decisions about children’s safety and wellbeing. Access to justice: we’re removing barriers that prevent victims from participating in proceedings that affect their lives.
As the member in charge has rightly said, the burden shifts from the victim to the court, where it rightly belongs, but this also addresses some concerns about fairness. The bill maintains strong safeguards, judges retain full discretion to ensure fair proceedings—as is rightly the case—and the interest of justice test ensures that no one is disadvantaged. This complements the family violence operating model which is already been trialled in Christchurch, and it aligns Family Court proceedings with those already available in criminal proceedings.
Victim advocacy groups strongly support these changes. Legal practitioners recognise the need for better protections and they support the committee’s amendments. The judiciary—really importantly—has indicated support for practical improvements. If we look at some international best practice, while many jurisdictions already provide these protections in family proceedings, the evidence shows that alternative methods improve victim participation without compromising fairness, and that’s really great.
The real-world impact: well, every family violence victim who has withdrawn from proceedings because they were too frightened to face their abuser—we’ve got to think about those who have withdrawn from processes previously because they were too scared of what they may encounter at the Family Court. There are those children whose safety depends on evidence that they couldn’t give properly due to victim trauma, and every case where poor decisions have resulted from incomplete evidence because victims couldn’t participate effectively.
What does this mean? It means increased victim participation, it reduces case delays and adjournments, and better evidence leads to better decisions, reducing the need for repeating proceedings, but, most importantly, it’s time to align our Family Court with best practice and our values as a compassionate society. I believe that this shows how members’ bills can deliver real improvements when all parties work together constructively, and I believe we have engaged in that process very, very well. I commend the member in charge. I thank those who made submissions to the committee. This is a really strong improvement to Family Court proceedings across the country, and, therefore, I commend it to the House.