te Heuheu Georgina: Cluster Munitions (Prohibition) Bill — First Reading 
Text is incorporated into the Bound Volume 
te Heuheu Georgina: Cluster Munitions (Prohibition) Bill — First Reading 
[Sitting date: 28 July 2009. Volume:656;Page:5181. Text is incorporated into the Bound Volume.] 
Hon GEORGINA TE HEUHEU (Minister for Disarmament and Arms Control) 
: 
 I move  
That the Cluster Munitions (Prohibition) Bill be now read a first time. 
 The Cluster Munitions (Prohibition) Bill implements New Zealand’s obligations under the Convention on Cluster Munitions that require legislative implementation to enable New Zealand to ratify the convention. The convention was adopted in Dublin on 30 May 2008 and was signed by New Zealand in the company of 93 other States in Oslo on 3 December 2008. It establishes a wide-ranging prohibition on the use of cluster munitions that cause unacceptable humanitarian harm. 
Cluster munitions are canister-like weapons that encase a large number of smaller explosive devices that are dispersed over an area. They are designed to explode on impact but many fail to do so and remain on the land killing and maiming civilians for years following their use. This can be witnessed at present in the Lao People’s Democratic Republic where people are still dying as a result of cluster munitions used decades ago. 
Clause 11 of the Cluster Munitions (Prohibition) Bill is the key provision of the bill. It prohibits the use of cluster munitions and other activity including the development production acquisition possession retention stockpiling and transfer of such munitions. Clause 11 also prohibits any person from assisting encouraging or inducing the prohibited conduct I have just described. The maximum penalty on conviction of a clause 11 offence is a prison term not exceeding 7 years or a fine of up to $500000 or both. This penalty is in line with similar existing legislation. 
Further and in line with the convention clause 11 of the bill prohibits certain additional conduct involving cluster munitions by members of the New Zealand armed forces when engaged in operations exercises or other military activities with the armed forces of a State that is not a party to the convention. This specific prohibition combined with the general prohibitions outlined earlier implements article 21 of the convention which was one of the more contentious issues during its negotiation. That important article outlines the obligations on State parties to promote the norms that the convention establishes. They must also make best efforts to discourage States that are not party to the convention from using cluster munitions. The armed forces of States party to the convention are not barred from engaging in operations exercises or other military activities with the armed forces of States that are not party to the convention. However they may do so only if while so engaged they do not undertake any of the specified prohibited conduct. 
Clause 9 of the bill extends the reach of the clause 11 prohibitions to certain acts or omissions outside New Zealand in line with the intent of the convention. This means that in certain circumstances a person can be prosecuted in New Zealand even when he or she commits these offences abroad. 
Clauses 12 and 15 provide a limited set of exceptions to the general prohibitions. These exceptions include where a decision is taken by the Minister for Disarmament and Arms Control to allow the importation of the minimum number of cluster munitions that will suffice for the purpose of developing and training New Zealand Defence Force personnel in cluster munitions detection clearance and destruction techniques. Members of our armed forces have certainly been involved in that activity particularly in Lebanon in recent times. 
Clause 17 of the Cluster Munitions (Prohibition) Bill requires people who acquire possess retain or transfer cluster munitions to provide information and keep records as specified and it creates applicable offences for failing to comply and for false disclosures. Clause 17 is required so that New Zealand can meet its reporting obligations under the convention. 
New Zealand has a profile on disarmament and arms control issues far above our size and place in the world. We have taken a strong position on the humanitarian impact of cluster munitions and I am extremely pleased to continue that tradition with this bill. The convention is an excellent example of what New Zealand can achieve on the international stage. New Zealand took a central role in the development of the convention as a member of the core group of countries—along with Austria Ireland Mexico Norway the Holy See and Peru—that led the negotiations. New Zealand also hosted the penultimate round of negotiations in Wellington in February last year and I acknowledge the Hon Phil Goff who is in the House this afternoon who no doubt was influential in those negotiations as well. It is fitting that we now work to ratify the convention and take our place among the first 30 State parties required to bring the convention into force. 
I also pay tribute to the non-governmental organisations that have had an active role in the negotiation of the treaty. Their commitment to this convention continues and they are now also working to bring the convention into force. I know they will be pleased to see that this bill is having its first reading here this afternoon. 
I note that the Foreign Affairs Defence and Trade Committee during its examination of the convention earlier this year called for the House to progress this bill expeditiously. The Convention on Cluster Munitions represents a significant development in international disarmament and humanitarian measures. I too urge swift passage of the Cluster Munitions (Prohibition) Bill to enable New Zealand’s ratification of this important convention. This urging is entirely consistent with our country’s reputation as a strong proponent of international disarmament and of arms control more broadly. Most important a well-supported convention has the greatest potential to help prevent the unacceptable and unspeakable humanitarian harm caused by the use of these weapons for which there is no place at all. 
I move that the bill be referred to the Foreign Affairs Defence and Trade Committee for consideration and I commend this bill to the House.