Hutchison Paul: International Non-Aggression and Lawful Use of Force Bill — First Reading 
Hutchison Paul: International Non-Aggression and Lawful Use of Force Bill — First Reading 
[Volume:656;Page:5744] 
Dr PAUL HUTCHISON (National—Hunua) 
: 
 Thank you for the opportunity to speak on this member’s bill the International Non-Aggression and Lawful Use of Force Bill in the name of Dr Kennedy Graham. 
I have no doubt that the sentiment behind this bill is extremely worthy but like my colleague Dr Wayne Mapp—who I believe gave a most well-informed and thoughtful contribution to this debate—I say that National will be opposing this bill. 
The bill’s purpose is highly worthy. I think Dr Graham mentioned to me earlier this afternoon that quite a number of countries around the world are starting to look at legislation like this. Perhaps it is something that New Zealand must seriously consider in the future but there are some outstanding concerns about this bill. The purpose is consistent with the worthiness that Dr Graham espouses—that is to ensure that the use of armed forces by New Zealand is always in conformity with international law and to protect New Zealand leaders from external pressure to commit the New Zealand Defence Force to any illegal action overseas. 
I see that one of the key points of this bill will introduce into criminal law a new crime the crime of aggression which might be committed by a New Zealand leader and which would be justiciable in the New Zealand courts. For me a non-lawyer this is a word that I was not aware of. It simply means subject to a trial in a court of law. That in itself makes one a little worried to think that New Zealand leaders who often act in good faith in response to a sudden emergency that has occurred somewhere in the South Pacific may find themselves suddenly in a court of law perhaps inappropriately. 
I think back 9 years to when the previous Labour Prime Minister Helen Clark said that we were living in a benign political environment in the South Pacific. How wrong she was. One has only to think of Bougainville East Timor Tonga and more recently—well several times over—Fiji. These are the realities of the South Pacific and the realities of the need to have a law in New Zealand that is practical and flexible in order to respond to an emergency. 
The bill provides that any prosecution will be brought by a special prosecutor who will be appointed by the Governor-General and I note that in some of the notes Dr Graham suggested this could be a retired judge. Well shivers run down my spine from time to time when I think of those gentlemen and just how capable they may be of taking on this very very important responsibility. The bill provides that it is unlawful for a New Zealand leader to plan prepare initiate or execute an act of aggression that if it is committed by its character gravity and scale constitutes a manifest violation of the Charter of the United Nations. 
National will oppose this bill on two grounds: firstly the provisions within this bill could result in severe and blatant misuse; and secondly the bill would mean the use of force is permissible only if it has been approved by the United Nations Security Council. This would have been unacceptable on many past occasions. Thank you Mr Assistant Speaker Barker.