Military Justice New Zealand

10/09/2021

I have been instructed to represent (currently) 12 members of the NZDF who have declined COVID-19 vaccination and are liable to discharge under a CDF Directive. My clients allege that the Directive is unlawful because it breaches their right to refuse medical treatment under section 11 of the New Zealand Bill of Rights Act 1990 and circumvents proper process under military law. This case is not so much about whether one believes that the vaccination is or is not a good thing, but whether one believes that the rule of law must prevail, even in a pandemic.

Lawyer for dozen seeking judicial review says they're not anti vaccine, but are standing up for the freedom to decline medical treatment.

22/11/2020

On 19 November 2020 Australia’s Chief of Defence Force, General Angus Campbell, announced that a high-level inquiry into allegations of of...

02/04/2020

I recently posted on the Global Military Justice blog about the revelations concerning a murder allegedly committed by an Australian SAS soldier in Afghanistan. It raises some questions beyond the Australian context...

As many of us find ourselves in self isolation as part of our nations’ response to the threat of COVID-19, there is an opportunity to ref...

02/04/2020

See the attached blog post for the recent directions issued by the Chief Judge of the Court Martial of New Zealand to take account of the challenges posed by COVID-19:

Chief Judge Kevin J. Riordan , Judge Advocate General of the Armed Forces of New Zealand, has issued this guidance memorandum for the co...

02/04/2020

Here is an interesting post on New Zealand military law during World War II, by my old friend and collaborator Professor Eugene Fidell at Yale University...

Major-General William George Stevens © National Portrait Gallery, London Photo by Walter Stoneman From the Department of Serendipitou...

26/02/2019

I am currently working with the Republic of Fiji Military Forces legal staff to conduct a root-and-branch reform of that country's military justice system. The project is supported by the New Zealand Government. This edition of Dateline Pacific includes an interview with me about the project...

The region's new health chief notes the fragility of climate-impacted communities; Fiji's Opposition and government parliamentarians come together to talk Fiji women's rights; Air Vanuatu announces massive growth plans; We hear how many parts of PNG affected by the massive quake a year ago are still...

22/07/2018

The Military Justice Legislation Amendment Bill recently passed its second reading in New Zealand's Parliament. It is scheduled to be c...

14/04/2018

From 23 to 24 March, I attended a meeting of international military justice and human rights experts, kindly hosted by Professor Gene Fidell at Yale University, to consider the revision of the UN Draft Principles on the Administration of Military Justice Through Military Tribunals. The UN special rapporteur responsible for these principles also attended. I consider that "the Yale Draft", the product of that process, represents a real step forward in providing a definitive statement of the minimum standards applicable to military tribunals under international law.
The Yale Draft is available here:

03/01/2018

http://globalmjreform.blogspot.co.nz/2018/01/a-rose-by-any-other-name-civilian-vs.html

Shortly before the Christmas break, Tracey J of the Federal Court of Australia gave his written reasons in Director of Military Prosecution...

14/03/2017

I am on my way to India to speak alongside colleagues from India, the Netherlands and the United States on issues touching on international military justice and tribunalisation.