Prosser Richard: Military Manoeuvres Act Repeal Bill — Second Reading 
Text is incorporated into the Bound Volume 
Prosser Richard: Military Manoeuvres Act Repeal Bill — Second Reading 
[Sitting date: 21 March 2012. Volume:678;Page:1212. Text is incorporated into the Bound Volume.] 
RICHARD PROSSER (NZ First) 
: 
 I am pleased to rise on behalf of New Zealand First to speak in the second reading debate on the Military Manoeuvres Act Repeal Bill. New Zealand First supports this bill but not without certain grave misgivings as to the gulf that the passing of the bill will leave in the nation’s legislative tool box. I note from reading the  
Hansard 
 of the 49th Parliament during this bill’s earlier stages that some speakers were given to wonder why the House was spending valuable time on debating the passage of a bill that intended to remove from the statute book an Act that those members regarded as being of little importance to begin with. We agree with a measure of that sentiment. It is true that there is far too much dusty outdated old legislation cluttering the law books in this country. Whether most of it actually does any harm by being there is probably a debatable point unless and until of course it comes up against modern-day situations where the realities of life have changed in the decades generations or even centuries that may have passed since many old laws were created. 
I am reminded of some of the arcane statutes recently removed from the laws of England from where I have just returned having represented this fine House at the Commonwealth Parliamentary Association Seminar on Parliamentary Practice and Procedure at Westminster. One such provision in the English legal code made it lawful up until—[ 
Interruption 
] 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Order! I am sorry to interrupt the honourable member. Can I just say to members on my right that members should not make references to the reading of speeches. It is entirely a matter for the Speaker to judge. 
Hon Tau Henare 
: I raise a point of order Mr Speaker. I thought that members were not allowed by way of a point of order to bring to the attention of the Speaker a member reading a speech. We were just interjecting. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I have just said to the member that it is entirely a matter for the Speaker to judge. 
RICHARD PROSSER 
: One such provision in the English legal code made it still lawful up until a very few short years ago for a person to shoot any Welshman found entering the city of Chester by night provided of course that a suitable and approved bow and arrow was used for the purpose. Given my own lineage I am grateful that my time in the United Kingdom some years ago did not include any such nocturnal visits to the aforementioned city. 
The Military Manoeuvres Act 1915 was enacted in order to allow the Governor-General to declare by proclamation that certain lands would be available to the military for the purposes of manoeuvring during the First World War. Such proclamations were required to be published in the  
Gazette 
 as well as in suitable local newspapers and would allow the military to prohibit or restrict traffic; to pull down fences or put them up; to erect or divert water courses; or to do anything else that the Governor-General considered in his wisdom to be necessary or expedient as far as the requirements of the military and its manoeuvring were concerned. An investigation in the Parliamentary Library on my behalf today has revealed that the most recent date on which such a proclamation under the Act was made was on 11 February 1943. It related to a defined area bordering the Manawatu River. The issue of the  
Gazette 
 has a description of the schedule of land concerned and ends with the splendid and appropriate salutation “God Save the King”. The library has been unable to ascertain precisely why the proclamation was made and in all likeliness it is probable that the King was never directly aware of its intended purpose either. With the inevitable passing of this bill and the demise of the Act to which it relates it is an unavoidable consequence that his heirs and successors will never discover that reason either. Perhaps the reasoning of those darker days conceals secrets that are best consigned to history along with the Act itself. 
We have some concerns however that the passing of this bill may leave the Government without access to a ready solution should circumstances arise in which the nation is required to make swift provisions for the necessities of military manoeuvring. We support this bill only because we place faith in the ability of this House to enact any necessary replacement legislation without delay should such need arise. In these uncertain times as tensions in the Middle East are on the rise again we can never be sure that the tentacles of war will never again reach out to threaten our peaceful existence. 
I note also that one purpose to which the Act could have been put was to facilitate the use of lands for low-flying exercises for the Royal New Zealand Air Force. Nowadays of course thanks to the actions of a previous administration and the inaction of the current one New Zealand scarcely has an air force so thus it is likely that this provision is probably now largely defunct anyway. New Zealand First hopes that any future legislation that may be required does include the provision for low-flying training along with fencing water-race diversion and other curiously farming-orientated purposes as stated in the 1915 Act. It is altogether possible in all seriousness that in times of future conflict New Zealand may require to give itself a greater aviation warfare capacity than that required by top-dressing. We note that the 1915 Act does require that any land taken under its auspices is to be returned as nearly as possible to its former state once the requirement for military purposes has expired. We expect that our colleagues from the Green Party will agree with us that any future legislation should similarly include a requirement for land restoration. 
I am aware that many members have made note of the fact that the Military Manoeuvres Act 1915 has not been used in more than 30 years and have claimed that this in itself is proof of its obsolescence. Notwithstanding that our fine library researchers have determined it is in fact 69 years I believe it is worth remembering at this time that this year marks the 30th anniversary of the war in the Falklands which was not very long ago and also that that particular conflict came very much out of the blue for the British who at the time were Argentina’s single most important trading partner. Sometimes things happen when we least expect them and it is important that the nation is prepared for all eventualities including in a legislative sense. 
That said New Zealand First does not consider that this particular Act is of crucial importance to New Zealand’s security and we are not opposed to its demise. We echo the sentiments of some speakers that much old legislation is perhaps best dealt with by means of an omnibus bill but we congratulate the member on the drawing of his bill and we are happy to support its passage through the House. Thank you.