te Heuheu Georgina: Armed Forces Law Reform Bill — Second Reading 
te Heuheu Georgina: Armed Forces Law Reform Bill — Second Reading 
[Volume:642;Page:12179] 
Hon GEORGINA TE HEUHEU (National) 
: 
Ka mihi ki a Byron Solomon kua hinga atu nei. Haere e te tama a Tumatauenga. Haere haere haere atu ra. Nga mihi aroha ki to whanau tuturu me to whanau heramana. Moe mai ra.  
[An interpretation in English was given to the House.] 
[ 
My respects to Byron Solomon who has passed away. Farewell the son of Tumatauenga god of war. Farewell farewell depart. Fond love to your very own family and your Navy family as well. Rest there 
.] 
I also wish to salute all current New Zealand Defence Force personnel. It is good to have an opportunity to do so. They put themselves forward in the defence of our country. In the current times that can mean putting themselves at extreme risk. It certainly has meant that in the past but it is also the case now. I salute each and every one of those personnel currently serving. This week also being the week in which we commemorate Passchendaele I also take the time to remember all of those from generations past right to the present who have served this nation well and particularly those who have lost their lives in the service of our country. 
The Armed Forces Law Reform Bill as has been noted earlier makes amendments to three pieces of legislation. It is the result of a very extensive review of the New Zealand military justice system that was initiated by the New Zealand Defence Force for which it also ought to be commended and conducted by the New Zealand Defence Force in a very professional comprehensive and consultative manner. This was recognised by the select committee on which colleagues of mine—and particularly Dr Wayne Mapp—participated in the discussions and questions and in clarifying issues. The select committee recognised the purpose of the bill and has worked diligently to assist the modernisation of New Zealand’s military justice system. It is not before time. 
The purpose of the bill is to update the military justice system to bring it into line with international developments and also with changing societal and political developments both here and internationally. The New Zealand Bill of Rights Act has been a primary driver we are told in the proposed amendments. Overall this bill is a welcome timely modernisation and National supports it. The big thing is the comfort and confidence that the serving armed forces can take from the changes that have been proposed here. They are entitled to know that just because they are in a workplace that depends for its efficacy on strict discipline they are no less entitled to the rights and freedoms that all New Zealand citizens enjoy. Therefore they can have every confidence that those rights and freedoms are theirs—no more and no less than for any of us—and that they can expect these rights and freedoms from a modern democratic nation. As I said overall the bill is a welcome addition to our legislative programme and it is good to see that all parties are on board with it. 
As a result of the bill the actual military offences do not change but what does change is the way that those offences are dealt with—the processes and procedures that the military now becomes subject to and part of. In respect of the summary discipline system there has been an overall comprehensive review of those procedures. One can say that there have been some very sensible changes. For instance prior to these changes the army navy and air force were dealt with separately. They now all come under the one comprehensive system. There is a cohesiveness and efficiency to it that makes sense. The bill also takes note of the fact that over the last few years there has been an integration of our forces in any event. From that point of view it is also very sensible. 
For the much more serious offences we have the courts martial system. In that regard we have a new office—the director of military prosecutions—appointed as a way of adding extra security and confidence into the system. In fact the changes that are made in relation to those processes are more attuned to the notion that men and women serving in the armed forces are indeed New Zealand citizens and that should they have the misfortune to be looking to this system they are entitled to be dealt with in no less a proper manner than if they were facing similar circumstances outside of the military. 
 Overall as I have already said and as other speakers have referred to there is a unity of the processes; they are much more coherent much more efficient and more closely aligned to what happens in the justice system per se in New Zealand. By and large we have a very good justice system nationally. It obviously needs a bit of a boot up when National comes into power as there are gaps there at the moment. But as I say it is very important that those of our citizens who willingly put themselves in harm’s way can be confident about the justice system under which they fall. 
The only other comment I would make is on the issue about media freedom. I think as a colleague said earlier it is a tenet of our justice system in New Zealand—a tenet of a democratic justice system—that not only must justice be done but it must be seen to be done. That tenet is certainly what drives the justice system overall and it certainly must be the case here as well. The select committee apparently was concerned that the bill as introduced removed the current provision in the Armed Forces Discipline Act that allows media access to courts martial under section 131 (4). The committee rightly recommended that that right be included in the bill. It is a further protection particularly for those who come before the courts martial. Those people are able to have confidence that they are being given the greatest rights and freedoms that we all enjoy. 
In closing I say again that it is good work we do in this House when we see the results of some very hard and professional work by all concerned when the changes we will finally pass into law are such that they give ourselves as citizens confidence about the way in which we deal with offences against the law and when the armed forces themselves are also included in those changes. Thank you Mr Assistant Speaker. 
Bill read a second time.