NZ Moves to Modernise Military Justice System With New Discipline Reforms

Legislation to overhaul New Zealand's military justice framework has passed its first reading in Parliament, with the Government signalling major reforms to make the system fairer, more efficient and better aligned with modern legal standards.

Defence Minister Judith Collins said the Armed Forces Discipline Law Amendment Bill represents the most significant update to military justice in nearly two decades.

"The Bill modernises New Zealand's military justice system so that it is fairer, more efficient, and more transparent," Ms Collins said."It will make our system easier to navigate, allowing commanders to focus on operational readiness in an increasingly volatile world."

First Major Update Since 2007

The current military discipline framework has remained largely unchanged since 2007, with the Minister noting that reforms are overdue and necessary to keep pace with developments in the civilian justice system.

The Bill is designed to ensure military justice processes remain credible, robust and consistent with New Zealand's broader legal standards.

New Minor Discipline Sanction System for Low-Level Offences

A key reform is the introduction of a Minor Discipline Sanction System, intended for very low-level disciplinary breaches such as being late for duty.

This will reduce the need for Summary Trials in minor cases, streamlining procedures and allowing commanders to address small infractions quickly and proportionately.

Streamlined Court Martial Pathway for Serious Cases

For serious, complex or sensitive offending, the Bill creates a new independent pathway to Court Martial.

Under the proposed changes:

• serious cases will move more directly to Court Martial

• proceedings will be overseen by the Director of Military Prosecutions

• the process will be more streamlined and independent

The Government says this strengthens both accountability and fairness in the handling of major offences.

Expanded Search Powers With Stronger Legal Safeguards

The Bill also introduces new search powers to improve the Defence Force's ability to investigate alleged offending, while strengthening protections for personnel.

Key measures include:

• officers in charge of Defence Areas being able to authorise searches within those areas

• judicial warrants required for sensitive searches of electronic devices

• warrant requirements for searches outside Defence Areas

These safeguards are intended to ensure alignment with the New Zealand Bill of Rights Act.

New Right to Elect Trial and Disciplinary Drug Testing Powers

The legislation extends the right for service members to elect trial by Court Martial for most offences, expanding procedural fairness.

It also introduces a new power to drug test members of the Armed Forces for disciplinary purposes, reflecting the Defence Force's operational standards and readiness requirements.

Maintaining Discipline and Readiness

Ms Collins said strong discipline remains essential for the Armed Forces' ability to protect New Zealand.

"Our Armed Forces must maintain strong discipline so they are always ready to protect New Zealanders," she said."We hold our personnel to a high standard and they should expect the same from their military justice system."

Next Steps

The Bill will now proceed through the parliamentary process, including select committee consideration, where further scrutiny and public submissions are expected.