Goff Phil: Crimes and Misconduct (Overseas Operations) Bill — First Reading 
Goff Phil: Crimes and Misconduct (Overseas Operations) Bill — First Reading 
[Volume:610;Page:7567] 
Hon PHIL GOFF (Minister of Foreign Affairs and Trade) 
: 
 I move  
That the Crimes and Misconduct (Overseas Operations) Bill be now read a first time. 
 I will propose that the bill be referred to the Foreign Affairs Defence and Trade Committee. This bill will allow New Zealand to exercise criminal jurisdiction over New Zealand police personnel and civilians serving as part of a non - United Nations deployment. Although it has particular relevance to the imminent deployment of New Zealand police personnel to the Solomon Islands it will also apply to police or civilian members involved in any future non - United Nations deployment. 
New Zealand at the request of the Solomon Islands Government has as part of a Regional Assistance Mission joined with Australia and Pacific Island countries to assist the re-establishment of law and order in that country. This action will allow the Solomon Islands to rebuild its Government infrastructure restore its shattered economy and provide a better standard of living for its people. 
 The necessary legal provisions sanctioning the deployment of the Regional Assistance Mission were passed unanimously by the Solomon Islands Government on 17 July 2003. That was followed by the signing of a status of forces agreement on 24 July 2003. Under that agreement members of the visiting contingent including those from New Zealand will have full immunity from legal proceedings in the Solomon Islands for any acts or omissions carried out in the course of official duties. In practical as well as legal terms New Zealand not the Solomon Islands will have jurisdiction over New Zealand personnel for such acts. 
For acts or omissions that fall outside official duties the situation is different. In that situation the Solomon Islands will give up jurisdiction only if the sending country can under its domestic law exercise jurisdiction over its personnel overseas. Currently under New Zealand law we can exercise jurisdiction over our armed forces for offences committed overseas under the Armed Forces Discipline Act. Similarly we can exercise jurisdiction over police serving as part of a United Nations force under the United Nations (Police) Act. However similar provision does not apply to police personnel or civilians serving in non - United Nations operations. In the absence of such jurisdiction police and civilian personnel deployed to the Solomon Islands who commit offences outside their official duties could be subject to prosecution and possible imprisonment in the Solomon Islands. 
This bill will address the gap in our legislation. It will allow New Zealand to exercise jurisdiction over police and civilians serving in overseas operations such as that under way in the Solomon Islands in a similar manner to that exercised over armed forces personnel and over police serving under United Nations operations. The enactment of this bill not only would minimise possible exposure of the New Zealand police and civilian members to prosecution and imprisonment in the Solomons but also would have application to any similar non - United Nations type of operation. Enactment of this bill would also ensure that those deployed would not have impunity in respect of offences committed in the course of official operations or outside their official duties. 
The bill itself takes the form of a stand-alone statute similar in form and content to the United Nations (Police) Act. Under the bill it would be an offence for any police or civilian member of an overseas operation to do or omit to do anything outside New Zealand that would have been an offence had it been committed within New Zealand. The bill will also ensure that members of the police engaged in such operations are subject to the disciplinary processes that apply to members of the police in New Zealand. The bill will be retrospective and once passed deemed to have come into effect on 24 July 2003. This takes account of the limited time between the establishment by the Solomon Islands Government of the necessary legal framework covering the deployment including the signing of the status of forces agreement and the need to pass the necessary legislative amendments proposed by this bill. 
Because of the ban on creating retroactive offences under section 26 of the New Zealand Bill of Rights Act the bill has also been vetted by the Attorney-General. The Attorney-General has advised that this bill is not considered inconsistent with the rights and freedoms contained in the New Zealand Bill of Rights Act. The retroactive effect of the bill is seen as a justified provision because the important objective of the bill is to protect New Zealand personnel from possible exposure to a legal system that may be incongruent with the standards applicable in New Zealand. It also ensures that our personnel do not have impunity in respect of offences committed outside their official duties. 
The Government wishes that priority be given to the early enactment of this bill so that our police and civilian personnel serving in the Solomon Islands can enjoy the same protections as the armed services and as other police personnel serving in United Nations operations already enjoy under our law and consistent with international practice for these sorts of operations. I commend the bill to the House.