te Heuheu Georgina: Cluster Munitions (Prohibition) Bill — Procedure Second Reading Third Reading 
te Heuheu Georgina: Cluster Munitions (Prohibition) Bill — Procedure Second Reading Third Reading 
[Volume:659;Page:8482] 
Hon GEORGINA TE HEUHEU (Minister for Disarmament and Arms Control) 
: 
 I move  
That the Cluster Munitions (Prohibition) Bill be now read a second and a third time 
. This bill implements New Zealand’s obligations under the Convention on Cluster Munitions which requires legislation. The convention establishes a wide-ranging prohibition on the use of cluster munitions which cause unacceptable human harm. The convention is a significant development in international humanitarian measures and therefore its implementation is a key disarmament priority for this Government. Cluster munitions pose a particular threat to civilians. They have a wide area effect and they very often leave behind a large number of unexploded devices. Decades after their use the tragedy of lost lives and horrific injuries is still apparent. 
The legacy of unexploded cluster munitions endangers civilian lives in the same way that landmines do. In early December I was pleased to attend the global landmine summit at Cartagena in Columbia. There I was privileged to visit a small village in the jungle to view at first hand the sobering challenges facing communities affected by munitions of any kind. New Zealand has played its part in the fight against the effects of cluster munitions. Through NZAID we have contributed to clearance operations and we have given support to assist victims. Our Defence Force has helped clear unexploded cluster munitions around the world most recently in southern Lebanon. These experiences have brought home to New Zealanders the horrible cost paid by the victims of cluster munitions. The time has come for us to act to help stop others from falling victim to cluster munitions. I am proud that New Zealand played a leading role in the process toward the Convention on Cluster Munitions. We were a member of the small core group of States that drove the convention and in the process we hosted a crucial meeting in Wellington last year. This bill will enable New Zealand to meet its obligations under the convention. 
I would like to put on record my thanks for the work done by the Foreign Affairs Defence and Trade Committee. The bill has emerged from the committee in an improved form with amendments that take on board many of the proposals made in submissions. Some of these are aimed at reflecting the convention more faithfully and a few are of a technical nature. There are however several more substantive amendments that I will mention briefly. Submissions raised two issues relating to the scope of the offences. The first was that the offences contained in clause 11 might inadvertently criminalise New Zealanders who are involved in legitimate cluster munitions clearance activities overseas. This was not of course the intention and subclause (4A) has been inserted in clause 12 in order to make this clear. The bill now provides a further procedural check by requiring the Attorney-General’s consent for prosecutions under clause 11. 
The second issue was whether the prohibition on assistance provided sufficient indication that it applied to those who invest in cluster munitions. The select committee recommended making the prohibition against investment more explicit. Accordingly new subclause (1A) in clause 11 makes it an offence to deliberately set out to provide funds for or to invest in cluster munitions production or development. This offence is similar to some existing offences and it makes it clear that in order to be convicted the perpetrator must either intend for the funds to be used or know that they will be used in the development or production of cluster munitions. Therefore the offence is not directed at those who unwittingly invest in a company with some connection with cluster munitions. Rather it is directed at those who knowingly invest in a company manufacturing cluster munitions. Although this new offence spells out that a specific mental element is required it is not intended to suggest that there is no mental element for the other clause 11 offences.  
These offences have been drafted using the wording in the convention and the approach in similar existing legislation such as the Anti-Personnel Mines Prohibition Act 1998. All the offences outlined in clause 11 carry the same maximum penalty of imprisonment for a term not exceeding 7 years or a fine of up to $500000 or both which indicates that all these offences are aimed at offending at the serious end of the scale. One of the most contentious issues in the negotiation of the convention was that of interoperability which is the term used to describe the circumstances in which a State’s parties and their military personnel or citizens may engage in military operations with States that are not party to the convention. This is addressed in article 21. The relevant aspects of that article are implemented in clauses 11(2) and 12(5). Other aspects of article 21 do not need legislative implementation. Rather they will be implemented through mechanisms such as diplomatic representation. There was also some concern in the submissions that the bill permits the importation of cluster munitions for training purposes. There is no present intention to bring any cluster munitions into New Zealand. However the bill does not rule out that possibility as new types of cluster munitions may be developed and New Zealand Defence Force personnel may need appropriate training to continue our ongoing humanitarian assistance. 
Before I conclude I would like to pay tribute to the non-governmental organisations that have had an active role in the negotiation of the convention. In particular I should mention the importance of the global and local Cluster Munition Coalition. Its commitment has been essential in getting us to this point. Non-governmental organisations will also have a crucial role when the convention enters into force. New Zealand was one of 94 States to sign the convention at a ceremony in Oslo on 3 December 2008. There are now 103 signatories and 24 States have ratified with the convention requiring 30 ratifications to bring it into force. 
Our work will not end there. The more States that commit to the convention the stronger the norm against cluster munitions will become. New Zealand will be a strong advocate for the convention. Through diplomatic channels we have pressed upon other States the importance of the convention and we have encouraged the ratification of it. I urge all States that have not already done so to sign and ratify the convention as soon as possible. I hope that our legislation will be useful to other countries as they strive to implement the convention themselves. Efforts to universalise the convention are key to creating a sense of moral repugnancy and to rid the world of these hideous weapons. New Zealand has a profile on disarmament and arms control issues far above our size or place in the world. We have long taken a strong position on the humanitarian impact of cluster munitions and we have taken a central role in the development of the convention. I am extremely pleased to continue that tradition with this bill. I am proud that New Zealand is truly committed to a world without cluster munitions and that I stand to represent the Government and the people of New Zealand in making that stand. I commend the bill to the House.