The Royal New Zealand Naval Reserves – a lawyer’s experience

James Olsen*

Barrister James Olsen has always had an interest in the New Zealand Defence Force and liked the idea of serving his country, even to the point of enquiring about the Naval Reserve Force while at university. He also wondered about becoming a full-time legal officer in the Defence Force. But other opportunities came up and he moved into criminal law, where he has been a practising criminal barrister for over six years.

Then a mate sent him a link to Naval Reserves, and he realised the Navy were recruiting reserve legal officers. Prior to 2021, reserve force legal officers in the Navy were drawn exclusively from the ranks of former regular force lawyers. Today the Naval Reserves now recruits a variety of officers without prior military experience.

Trainees undertake the Naval Reserve Common Training course, which is designed to ensure reservists are trained to the same standard as their Regular Force counterparts, but in a way that works around their civilian employment. James started his training as a midshipman in January 2022, attending weekly evening training at reserve unit HMNZS Ngapona in Auckland. As well as remote learning and one weekend training a month, he attended three 10-day residential blocks in Whangaparaoa and Blenheim, plus Weapons Qualification with rifle and pistol on the range at RNZAF Base Ohakea - something he has to maintain annually. He commissioned as a naval officer in April 2023 and is currently a Sub Lieutenant.

He says he was initially concerned about the physical side of training, "I'm not someone who is particularly sporty. The training builds to leadership evolutions at the end, where you take command of a small group to undertake various tasks which saw us travel long distances on foot each day clocking up plenty of steps. This turned out to be one of the best parts of training. While we got pushed, everyone was determined to meet the grade and for those that were struggling the rest of the cohort rallied around them."

It took "very good diary management" to be a reserve officer under training and a full-time lawyer. "For me it came down to passion. I'm passionate about serving our community through representing those who are marginalised, without a voice and find themselves before the courts. But I'm equally passionate about serving our country as a reserve legal officer."

Today, in his reserve capacity, Sub Lieutenant Olsen works for Defence Legal Services, who regularly call on their reserve officers. The commitment now is different to training; the amount of time reservists undertake is driven by their availability.

"The New Zealand Defence Force exists to defend New Zealand, its interests, uphold a rules-based international order and assistance to the civil power, the latter principally through humanitarian aid and disaster relief. Inherently, the NZDF presents a unique legal landscape that you won't find in civilian legal jobs. Within the Officer Corps, there is a group of lawyers who are employed to provide legal advice to commanders at all levels.

"Functionally, the NZDF's Defence Legal Services provides advice across five key areas. First, through the deployment of experienced military lawyers with New Zealand or coalition forces who provide real-time, on-the-ground advice to commanders. Second, advice on the general operating activities of the NZDF, new weapons and tactics to identify their compliance with international and domestic legislation. Third, dealing with various personnel issues that arise from the unique nature of service. Fourth, advising commanders on military justice, conducting prosecutions before the Court Martial and assisting Courts of Inquiry. Fifth, through education on military justice, the law of armed conflict and other legal issues."

He works on the same tasks as his Regular Force counterparts. "The Reserve Officers provide an invaluable resource in that they bring their skills and knowledge from civilian practice."

For him, the work to date so far has largely consisted of preparing legal opinions on a variety of matters from military discipline opinions through to operational matters. "I have just begun a role as counsel assisting to a court of inquiry, which is a statutory inquiry similar to a commission of inquiry."

Low-level military discipline matters are dealt with at a level where extensive legal input is not required. "However, in relation to more serious matters, I may find myself appointed as counsel for the Director of Military Prosecutions in the Court Martial."

As his experience builds and if he chooses to, he could be deployed overseas, which would require a significant time commitment, typically six months.

Sub Lieutenant Olsen has comfortably fit the Defence work around his civilian practice, including ongoing military training. "Since finishing officer training, I have had the opportunity to undertake some two-week long courses including seamanship, which teaches the basics of being a sailor, and sea safety, which teaches firefighting, damage control and flooding, toxic gas and other incidents that may arise on-board a ship. While these have a greater time commitment, they give the role the military and naval factor, making for an interesting break from the monotony of civilian practice. For example, this week I have been fighting real fires inside a specially designed facility which replicates the inside of a ship."

Operating as a naval officer takes some adjustment to civilian habits. "In the military environment, it is very hierarchical; everyone superior in rank is referred to as Sir or Ma'am, with appropriate deference applied. I've had to be careful to make sure I don't refer to others by first name, as I would do in civilian practice."

When people hear the words 'naval lawyer', they might think about the movie A Few Good Men. "That famous Court Martial scene with Tom Cruise and Jack Nicholson, where Lieutenant Kaffee demands the truth to which Colonel Jessep retorts, "you can't handle the truth". Aside from similarity in the naval uniforms (white in the summer and black in the winter), that has little comparison to real life. Our Court Martial is presided over by civilian judges and we don't berate witnesses for answers, but we do have a panel of military members who perform a function similar to that of a jury."

He says he thoroughly enjoys being a criminal defence lawyer, but he couldn't contemplate 50 years doing the same thing without some variety thrown in. "I'd already achieved a lot in my short career and wanted something different, a challenge. The reserve legal officer role presented just that: it allowed me to keep my day job but undertake something that challenged me and would provide other opportunities throughout my career. When my friend sent me that link, I ended up applying that night. I haven't looked back since."

James Olsen