te Heuheu Georgina: Third Readings 
te Heuheu Georgina: Third Readings 
[Volume:643;Page:12834] 
Hon GEORGINA TE HEUHEU (National) 
: 
 I am pleased to speak on the third readings of the Armed Forces Discipline Amendment Bill (No 2) the Court Martial Appeals Amendment Bill the Defence Amendment Bill (No 3) and the Court Martial Bill. As the titles indicate specific matters are dealt with in each bill. I want to focus primarily on the overall principle underpinning the reforms in these bills and that is that the military justice system in place in New Zealand must ensure that the rights enjoyed by all New Zealand citizens in the overall justice system are available to our Defence Force personnel. 
It goes without saying that as New Zealand citizens themselves our military personnel have a right to expect that their access to justice and the maintenance of their rights within the military justice system are no less than if they were living their lives as civilians. Indeed given that discipline lies at the core of a modern professional highly disciplined fully functioning and efficient military capability those same serving men and women might expect more. In the exercise that has led to these reforms they can I think be confident that to the fullest extent possible they have been afforded no less than their fellow New Zealanders. In this regard we as parliamentarians have been presented with a once-in-a-generation opportunity to update our military justice system and in the process to provide the New Zealand Defence Force with a modern system that befits New Zealand’s democratic tradition and reflects the values we hold dear—values such as liberty respect for the rule of law respect for human rights fairness and so on. 
The 21st century was probably always going to be an appropriate time to update the law so in that sense I guess—although we are 8 years into this century—we might say it is timely to have these reforms but it has taken the Government nearly a decade to bring these reforms to the point where they are about to be passed into law. It is timely not only because every country likes to think there is a certain time at which it will modernise its institutions but also in so far as regarding some of the changes that have occurred both in our domestic situation and in international terms. 
With these reforms we have been given an opportunity to ensure that the military justice system is properly aligned to the structure and modern conditions of our armed forces. Over recent years we have seen the joint orientation of our military—or three into one so to speak—with the army the navy and the air force being brought together in a joint operation. Not only are they working together training together and operating together in a joint capacity at home but also in their deployments overseas they are working in a way that better aligns the overall objectives of a modern military force. 
The other reason that these reforms are timely is that they ensure that our military justice system is consistent with international developments and international human rights standards which we are always diligent about incorporating into our domestic law. We have done that in recent years. Through modern technology the actions and behaviours of nations in the conduct of their military operations particularly outside of their own territories are now wide open to international scrutiny. In that environment it is absolutely imperative that New Zealand a country that has a very fine reputation for upholding human rights and freedoms is seen to be in line with international norms not only in the way that it conducts itself in its military operations but also in the way it upholds and supports the rights of its serving personnel. The reforms before us come with those values and notions primarily in mind. 
Our reputation is high in this area. We always have to be diligent about making sure that our reputation for protecting human rights and no less important the rights of our serving armed personnel is maintained. As I have mentioned discipline lies at the core of a professional modern and efficient defence capability. Integral to that is a comprehensive military justice system that keeps pace with the current military environment. Of course this has changed markedly from the environment of say a decade to 15 years ago particularly following 9/11. The images that have come out of Iraq and Guantánamo Bay in particular clearly show what can happen when discipline as we know it and as we value it has broken down and when human rights standards are violated. We will not want to be any part of that kind of violation and we never will be but as I say it does take a determined effort on the part of our officials and also of ourselves as parliamentarians to make sure that those sorts of images remain far away from where we are in the international scene. Over the past few years our Defence Force has been going through a process of modernisation to meet new and complex challenges and it is absolutely appropriate that we ensure that our military justice system undergoes the same treatment. 
I will briefly look at the bills in their single form. The Armed Forces Discipline Amendment Bill (No 2) standardises across the three services the delivery of justice at the summary level. It will ensure that service members appearing before their superiors on disciplinary matters will be better advised of their rights and will have someone to speak on their behalf. 
The Court Martial Bill will for the first time establish a Court Martial of New Zealand as a permanent court of record. It provides for the constitution powers and procedures of the court and in particular that the judges of the Court Martial will preside over hearings and may more efficiently deal with preliminary issues before the military members of the court have been assembled. It also introduces new features that reflect the nature of modern armed forces and the manner in which discipline should now be effected within them. 
The Court Martial Appeals Amendment Bill will introduce important new provisions relating to the constitution and powers of the Court Martial Appeal Court. The Defence Amendment Bill (No 3) clarifies the relationship between the new appeal process at summary and court martial level together with the very important right that members of the armed forces have to seek redress of a complaint about any other matter from their commanders under the Defence Act. 
Our serving men and women of the armed forces make the ultimate sacrifice on our behalf; when they are called they go willingly. Those decisions to deploy them to areas of armed conflict are made right here in this Parliament. The very least that we as parliamentarians can do is to make sure that the military justice system which serves those serving armed personnel is up to date is modern and ensures that their rights are no less than those of all other New Zealanders.