Goff Phil: Armed Forces Law Reform Bill — First Reading 
Goff Phil: Armed Forces Law Reform Bill — First Reading 
[Volume:637;Page:8063] 
Hon PHIL GOFF (Minister of Defence) 
: 
 I move  
That the Armed Forces Law Reform Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Foreign Affairs Defence and Trade Committee. The purpose of this bill is to establish an effective and fair system of military justice. Our current system is governed by the Armed Forces Discipline Act 1971 which came into effect on 1 December 1983. Attitudes and the environment have changed considerably since that time. Community expectations and the New Zealand Bill of Rights Act 1990 have both highlighted and expanded the rights that need to be observed. As a matter of principle the Government believes that the military justice system today should apply to our armed forces personnel the same rights enjoyed by civilians in the criminal justice system to the greatest extent possible consistent with the efficient and disciplined operation of the armed forces. 
Changes are also required to bring our military justice system into line with the 2001 defence statement entitled  
A Modern Sustainable Defence Force Matched to New Zealand’s Needs 
. This states that a joint approach to structure and operational orientation should be a key component of the Defence Force. Some parts of the military justice system today are not common to all three services. This hinders the proper exercise of joint command and is an unnecessary complication. Acknowledging the need to respond to a changed environment the Defence Force undertook a review between 2002 and 2006 to assess what reforms needed to be made. This review took into account New Zealand’s international obligations. It also looked at the experience of other States such as Australia Canada and the United Kingdom which have gone through a similar process in recent times. The review included substantial consultation within military and legal communities and this bill is the product of that review. 
The two principal components of the military justice system are summary discipline and courts martial. Summary discipline deals with more minor charges heard by a commander in a unit. Currently the Armed Forces Discipline Act provides for two systems of summary discipline one for the Navy and another for the Army and the Air Force. This is not consistent with the joint orientation that has now been adopted by the Defence Force. This bill provides for a common system of summary discipline for the armed forces that complies with the New Zealand Bill of Rights Act and combines the best elements of the two current systems. The bill will simplify processes and produce efficiencies consistent with the expeditious administration of summary discipline without compromising fairness. 
At present the convictions and sentences of courts martial are reviewed by the Board of Review which has the power to quash convictions and vary sentences. This bill will abolish the Board of Review replacing it with enhanced rights of appeal to the Courts Martial Appeal Court. The Judge Advocate General’s supervisory role in respect of the military justice system will be preserved by expanding his or her power to refer cases to the Courts Martial Appeal Court. 
One of the principles that underpins many of the reforms in this bill is that the processes of the ordinary criminal law should be the benchmark for military law unless there are sound reasons arising from the nature of the armed forces that dictate otherwise. The bill for example aligns the grounds for appealing to the Court of Appeal or Supreme Court from a decision of the Courts Martial Appeal Court with those that apply to criminal appeals from the High Court. Another example is the authorisation of an equivalent to the police detention legal assistance scheme for the benefit of service members who are being questioned by the service authorities in connection with a suspected offence. 
In assessing whether the special nature of the armed forces requires a departure from the processes of the ordinary criminal law the review conducted by the Defence Force focused on what are generally agreed to be the seven vital elements of the military justice system. These are the maintenance of discipline consistency in all strategic environments portability expedition fairness efficiency and simplicity. This bill represents a significant advance for the New Zealand armed forces in respect of those vital elements as well as improving the compliance with the New Zealand Bill of Rights Act. I have had the chance I think to consult with almost all parties in the House on this legislation. This ought not to be a controversial piece of legislation and I believe that it will attract support from all sides of the House. I certainly commend the bill to the House.