Barker Rick: Third Readings — 
Text is incorporated into the Bound Volume 
Barker Rick: Third Readings — 
[Sitting date: 24 October 2007. Volume:643;Page:12712. Text is incorporated into the Bound Volume.] 
Hon RICK BARKER (Minister of Internal Affairs) 
 on behalf of the  
Minister of Defence 
: I move  
That 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 be now read a third time 
. The Committee of the whole House divided the Armed Forces Law Reform Bill into the four separate bills that are before this House today. I welcome the strong support of the House for this legislation the purpose of which is to establish a modern effective and fair system of military justice. The legislation being amended dates back to 1971 and reform is needed to take into account considerable changes in attitudes and the environment since that time. 
The principle followed in the new bills is that the military justice system today should to the extent possible given the need for efficient and disciplined operation of the New Zealand Defence Force apply to Defence Force personnel the same rights enjoyed by other New Zealanders in the overall criminal justice system. During the second reading and the Committee stage of the Armed Forces Law Reform Bill a number of members have rightly referred to the reforms contained in these bills as representing a once-in-a-generation opportunity for this House to provide the New Zealand Defence Force with a modern military justice system that reflects the values that we hold strongly as New Zealanders. Today we set a new milestone which will stand New Zealand’s armed forces in good stead for another generation. 
As our Defence Force of today modernises to meet new and complex challenges throughout the world it is fitting that we should have a new military justice system that is suited to the conditions of our armed forces in the 21st century. Today our Defence Force has a very high degree of joint orientation in which the three services operate as one force. This is evidenced by the success of the Headquarters Joint Forces New Zealand in Trentham. It is also evidenced in the operation of our armed forces overseas such as the provincial reconstruction team in the Bamian province which is and has been since its inception a joint deployment comprising members from all three services. 
At the same time New Zealand has bound itself to important international human rights standards which have been incorporated into our law. We have a proud and deserved reputation for being upholders and advocates of those rights at home and abroad. Our forces like all modern deployed forces are subject to unprecedented scrutiny through the media and the World Wide Web. Issues such as the legitimacy of military action respect for the rule of law and compliance with the law of armed conflict are of vital interest to the public of this country. These issues can greatly affect public support for the action being undertaken. The military justice system that this Parliament delivers to the men and women who serve this nation in the Navy the Army and the Air Force must take into account this new reality when it delivers the vital elements of a military justice system—discipline consistency in all strategic environments portability expedition fairness efficiency and simplicity. I believe that these bills achieve that objective. 
The Armed Forces Discipline Amendment Bill (No 2) will standardise across the three services the delivery of justice at the summary level and 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. It will remove the anomalous distinction that has prevented senior officers being dealt with summarily for minor offences thereby ensuring that military justice is applied in an even and transparent manner to service members regardless of rank. It creates a new position of Director of Military Prosecutions; an appointment that will greatly enhance the independence of the decision whether to prosecute a member of the armed forces before the Court Martial of New Zealand. It also creates a Summary Appeal Court of New Zealand before which any summary disposal may be reheard by an independent judge. 
The bill also creates a new body called the Armed Forces Discipline Committee. This committee provides commanders and the members of the military justice community including the Judge Advocate General with the ability to set sentencing guidelines for offences against the Armed Forces Discipline Act 1971. With the abolition of the board of review this measure was regarded as being necessary in order to provide command input to the maintenance of discipline and to ensure consistency in sentencing. 
The Court Martial Bill will establish for the first time a Court Martial of New Zealand as a permanent court of record. The bill provides for the constitution powers and procedures of the court. In particular it provides that the judges of the Court Martial of New Zealand will preside over hearings and may more efficiently deal with preliminary issues before the military members of the court have been assembled. 
The bill introduces many new features reflective of the nature of modern armed forces and the manner in which discipline should now be effected within them. For example warrant officers will be able to sit as military members of the Court Martial of New Zealand. The bill also contains provisions for the granting of bail. It will introduce a greater measure of independence and impartiality into the court martial system. The bill will bring about a significant number of other amendments that will make the administration of justice in the armed forces more effective and fairer. 
The Court Martial Appeals Amendment Bill will introduce important new provisions relating to the constitution procedure and powers of the Court Martial Appeal Court. For example a person convicted by the Court Martial of New Zealand will be able to appeal to the Court Martial Appeal Court against conviction or sentence or both. The Director of Military Prosecutions will be able to appeal to the court against sentence unless the sentence is one fixed by law and against a ruling on a question of law made by a judge of the Court Martial of New Zealand. 
The Defence Amendment Bill (No 3) clarifies the relationship between the new appeal process at summary and court martial level and the very important right that members of the armed forces have to seek a redress of a complaint about any other matter from their commanders under the Defence Act. 
These four bills contain a comprehensive package of reforms that update significant parts of the military justice system. The reforms ensure that in the course of maintaining military discipline which is vital to an effective modern Defence Force we also provide for the delivery of the highest possible standards of justice to those men and women who serve their country in our armed forces. I commend these bills to the House.