Armed Forces Discipline Legislation Amendment Bill passes first reading

Government says planned law includes streamlined, independent pathway to Court Martial

Armed Forces Discipline Legislation Amendment Bill passes first reading
New Zealand Parliament Buildings

Judith Collins, defence minister, has announced that the Armed Forces Discipline Legislation Amendment Bill (Bill no. 239-1) – which seeks to modernise New Zealand’s military justice system and align it with the civilian justice system – has passed its first reading. 

According to the government, the legislation will introduce: 

  • a minor discipline sanction system for tardiness for duty and other low-level offences to avoid the necessity for a summary trial 
  • a streamlined and independent pathway to Court Martial – overseen by the military prosecutions director – for serious, complex, and sensitive offending 
  • a power to subject members of the Armed Forces to drug tests for disciplinary purposes 

“Our Armed Forces must maintain strong discipline so they are always ready to protect New Zealanders,” Collins said in the government’s news release. “We hold our personnel to a high standard and they should expect the same from their military justice system.”

The government explained that new search powers in the bill will help the New Zealand Defence Force investigate alleged offences while simultaneously offering safeguards. Under these search powers: 

  • Officers in charge of defence areas can authorise searches within those areas 
  • Judicial warrants can authorise sensitive searches of electronic devices and areas beyond defence areas 

The government noted that the legislation will extend the right to elect trial by Court Martial to most offences. According to the bill’s general policy statement, the legislation will also: 

  • Align bail provisions with those applying to the civilian criminal justice system under the Bail Act 2000 
  • Allow the military prosecutions director to appeal some summary trial decisions, in accordance with the appeal rights available to prosecutors in the civilian criminal justice system under the Criminal Procedure Act 2011 
  • Update powers to tackle disruptive behaviour and contempt of court, in line with the Contempt of Court Act 2019 

According to information from the New Zealand Parliament’s website, the Armed Forces Discipline Legislation Amendment Bill, introduced on 15 December 2025, passed its first reading on 10 February 2026. 

Bill’s goals

“The current military justice system is out-of-date, with no substantial changes made since 2007,” Collins said in the government’s news release. “These updates align it more closely with developments in the civilian justice system.” 

The government stated that the bill aims to ensure that New Zealand’s military justice system is modern, fair, efficient, transparent, easy to navigate and administer. It also seeks to enable commanders to devote more attention to operational outputs in an increasingly volatile landscape. 

According to the bill’s general policy statement, the legislation also intends to ensure that the military justice system: 

  • helps maintain military discipline within the New Zealand Defence Force 
  • is simple, portable, expeditious, and able to function in various operational environments 
  • is fair to victims and the accused alike 
  • protect the rights recognised in the New Zealand Bill of Rights Act 1990