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Bill Proposes Fair, Efficient Military Justice

Legislation to modernise the military justice system has passed its first reading today, Defence Minister Judith Collins says.

"The Armed Forces Discipline Law Amendment Bill modernises New Zealand's military justice system so that it is fairer, more efficient, and more transparent," Ms Collins says.

"The Bill will make our system easier to navigate, allowing commanders to focus on operational readiness in an increasingly volatile world."

"The current military justice system is out-of-date, with no substantial changes made since 2007. These updates align it more closely with developments in the civilian justice system.

The Bill will introduce a Minor Discipline Sanction System for very low-level offending, such as being late for duty, avoiding the need for a Summary Trial. Serious, complex and sensitive offending will follow a new streamlined and independent pathway to Court Martial, overseen by the Director of Military Prosecutions.

New search powers will increase the New Zealand Defence Force's ability to investigate alleged offending, while providing better protections for those subject to them. These include the power for officers in charge of Defence Areas to authorise searches within those areas, and for judicial warrants to be sought for sensitive searches of electronic devices and areas outside Defence Areas, aligning with Bill of Rights Act requirements.

The Bill extends the right to elect trial by Court Martial to most offences and introduces a new power to drug test members of the Armed Forces for disciplinary purposes.

"Our Armed Forces must maintain strong discipline so they are always ready to protect New Zealanders," Ms Collins says.

"We hold our personnel to a high standard and they should expect the same from their military justice system."

https://www.beehive.govt.nz/release/fair-and-efficient-military-justice-proposed-bill

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