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RNZ News
6 days ago
- Politics
- RNZ News
Espionage trial of New Zealand soldier shrouded in secrecy
The Linton-based soldier faces 17 charges under the Armed Forces Discipline Act. Photo: Petty Officer Chris Weissenborn A soldier with links to far-right groups and who is accused of spying will face a court martial hearing next week - a first-of-its-kind prosecution shrouded in secrecy for now. The Linton-based soldier's name is suppressed and so is the foreign country at the centre of the espionage case, as well as the names of some prosecution expert witnesses. RNZ is opposing these orders and a suppression hearing is scheduled for Monday morning, before the court martial begins. In late 2020, 17 charges under the Armed Forces Discipline Act were laid against the soldier, including espionage and possessing objectionable material. Since then, the case has wended its way through pre-trial hearings . RNZ has previously reported the soldier, aged 27 at the time of his arrest, was a member of far-right groups the Dominion Movement and Action Zealandia. A similar case 50 years ago saw Bill Sutch tried and acquitted in the civilian court of espionage , for passing information to the Russians. Next week's court martial is the first military case. "I think 'unusual' is not the right term," said retired Auckland University law professor Bill Hodge about the prosecution. "I think 'unique' might be the correct term." Hodge said the suppression orders appeared extensive. "I've always been surprised that there could be information held by the armed forces, which absolutely had to be kept top secret. "There maybe information about the citizens of a foreign jurisdiction and what they're doing here, but still, that would be of public interest." Hodge said military courts were historically ahead of civilian ones on matters of justice and fairness, although they might hold concerns about making information public. "Remember, the background of a military court would concern hostilities and [be] in the face of the enemy. In that sort of situation, that sort of context, they would be greatly concerned with information that would aid the enemy. "I don't see an enemy at this moment, so I'm still mystified at what secrecy they'll be pursuing." One difference between courts martial and civilian courts is that, instead of a jury, a panel of senior military officers hears the evidence, and decides on a defendant's guilt or innocence, and - if applicable - their sentence. In his previous career in the military, Hodge sat on these panels. "A military court is concerned with fairness, right to counsel, the insanity defence, for example, the discovery of information," he said. "One thing I could say firmly is the individual will have a fair trial, because in my experience, it's a fair system." David Pawson is an experienced court martial counsel and, in 30 years - firstly with the military police, then as a lawyer - he has never seen a similar case. "When I was a military police special investigator - that was at the end of the Cold War period - and even during that period, I was not aware of any investigation of that sort of nature. I have to say that was a new one to me." The system was robust and transparent, he said. "The court martial, in my experience, has always been very careful not to be seen as a secretive court and generally does apply those principles the same way that they do in the civil court." This meant the starting point for suppression decisions was open justice. Another experienced court martial lawyer, Michael Bott, said talking to a military panel was somewhat different to addressing a jury. "There are military values you have to take into account and also, with a court martial, it's governed by the Armed Forces Discipline Act, as opposed to the Criminal Procedure Act, but the Bill of Rights still applies. "When you're doing an opening and a closing, the processes and techniques are pretty much transferable." He said suppression arguments at courts martial sometimes included matters not applicable to civilian courts, such as national security. Hodge said he didn't think the court martial would reflect badly on New Zealand's reputation. "I think there's the opposite argument that the allies could say, 'New Zealand is alert, New Zealand is sufficiently concerned about this matter and they're looking after whatever information this might be'. "While you could say, 'Is New Zealand a leaky sieve?', no, New Zealand is behaving properly and attending to the disciplinary side of a possible breach." If the soldier is found guilty next week, he won't face the death penalty. This was removed from military law in 1989, but sentences for courts martial range from losing rank to a lengthy term in military prison. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
06-05-2025
- General
- RNZ News
Wildlife hospital says public light displays are contributing to native seabird groundings
The harbour bridge light display, with the Sky Tower in the background. Photo: Supplied / Chris Weissenborn An Auckland bird hospital wants public light displays like the Harbour Bridge and Sky Tower to be dimmed on cloudy nights, to help prevent native seabirds being injured or grounded. BirdCare Aotearoa cares for hundreds of seabirds each autumn, and believed that light pollution from Auckland was disorientating juvenile birds. Although light pollution came from across the city, large, bright LED displays were a particular problem, the charity said. SkyCity - which lights the Sky Tower - has subsequently agreed to meet with BirdCare to discuss the issue and how it might be able to help. BirdCare hospital staff member Catriona Robertson said groundings were most common on overcast or rainy nights when the moon was obscured and light reflected off cloud cover. "Driving at night in the rain we've probably all experienced the way the lights flare off a little bit more than usual, so for these guys it's a confusion factor where they think they're heading towards the moon or some sort of light source that would usually guide them home and then they crash-land." A black petrel (tāiko) is examined by staff at Birdcare Aotearoa after crash-landing north of Auckland. Photo: Supplied / Eva Cadario Petrels and other seabirds needed high points such as a cliff to launch from - so once on the ground in an urban area, found it difficult to take off again, she said. They might injure themselves upon crash-landing, and could also quickly lose their water-proofing and struggle to find food. BirdCare fundraising manager Rashi Parker said while grounded birds were found by volunteers and the public across Auckland, the organisation's data showed a concentration in the CBD, where lights were brightest. She pointed to public light displays like the Vector lights on Auckland Harbour Bridge, and the Sky Tower, where lighting was doubled in 2019 when SkyCity switched to LED lighting. "It's brighter now across SkyCity and it's a hotspot of seabird groundings," Parker said. A map shows the intensity of light across Auckland, with black dots indicating where grounded seabirds have been found. The cluster of black dots near the centre of the image is where the CBD is located. Photo: Supplied / BirdCare Aotearoa A dedicated volunteer 'petrel patrol' headed out most mornings during peak fledging season to check for grounded seabirds in the SkyCity precinct and the surrounding streets. "This year we've had six. A few years ago there were six recovered in one night," Parker said. Research in New Zealand and overseas showed the slight flicker of LED lights, along with the blue light spectrum, were particularly attractive to seabirds. "We need a thriving and bustling city, but it's about the use of the colour spectrum and it's also in timing and the frequencies," Parker said. BirdCare wanted companies with light displays or bright-lit branding to consider dimming or turning off their displays on overcast or rainy nights, especially during autumn, Parker said. She pointed to an initiative in Kaikōura, where the coastal South Island town has just introduced new lighting regulations , which aimed to prevent annual groundings of Hutton's shearwaters. A large proportion of seabirds brought to BirdCare were Cook's petrels, a smaller petrel species that fledged during autumn, Parker said. "These are little babies... They've just left their nests over on the Hauraki Gulf islands and they're just doing their first round of test flights, their maiden voyages before they embark on that big journey [across the Pacific]." BirdCare's patients also included the nationally vulnerable black petrel (tākoketai/tāiko) , which only nested on Aotea/Great Barrier Island and Hauturu. Since 2018, the hospital has looked after more than 50 tākoketai, of which nearly half died or had to be euthanised. Birdcare Aotearoa hospital staff member Catriona Robertson helps a black petrel, which she's been caring for since it was grounded, get out of a bathtub after a 'float test' to check it's ready for release. Photo: RNZ / Kate Newton Vector, SkyCity and Ports of Auckland were among groups invited to a meeting to discuss the issue last week, but either declined to attend or did not respond. After RNZ made enquiries, SkyCity had now organised a meeting with BirdCare next week. "In the past couple of months a few of our team have taken three grounded seabirds they found around our precinct to the vet so we're keen to learn more how we, and other businesses in the CBD, can help," a spokesperson said. "We're open to suggestion in how we work together." The Auckland skyline lights up each night as the sun goes down. Photo: Supplied / ATEED Vector Lights said prior to the launch of the harbour bridge display, the organisation did consider the impact on birdlife. "While the advice we received didn't recommend any specific actions, the light levels have been operating at around 50 percent intensity since then in consideration of environmental factors," a spokesperson said. Vector Lights was part of a smart energy partnership between Vector, Auckland Council and Waka Kotahi and would consider the research BirdCare had shared with it, the spokesperson said. A Ports of Auckland spokesperson told RNZ that, as a round-the-clock operation, the port needed a certain level of lighting for employee safety. "Over the past decade we have upgraded all the port lighting to low-glare LEDs which has reduced light throw considerably." The lighting on vessels coming into the harbour, such as cruise ships, was based on international and Maritime NZ regulations, but the port did ask ships to reduce their lighting as much as possible, the spokesperson said. Rashi Parker said Ports of Auckland had also contacted BirdCare to encourage it to apply for one of its Te Moananui o Toi grants. However, she was disappointed none of the companies invited had come along to last week's meeting. "It's not a guilt-trip as much as it is a discussion. It's about changing their lighting, particularly during the autumn season." Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
