Another pre-trial hearing is being held today in the drawn-out and rare case of a Defence Force soldier charged with spying. The Linton-based soldier was taken into military custody nearly four years ago, in December 2019, and has remained on open arrest at home since then.

The Court Martial hearing is centred on arguments from the 29-year-old's lawyers for why the New Zealand Security Intelligence Service (NZSIS) should disclose information.

The hearings are being held in closed court, without the public or media present, because the judge may deal with issues including classified information held by the NZSIS and matters of national security.

The soldier's facing 17 charges in total including for spying (espionage), being part of a white supremacy group and possessing a recording of the Christchurch mosque attack live stream, among others.

Court Martial Chief Judge Kevin Riordan wrote in a minute ahead of the hearing about the public interest in the case — the first time a soldier has been charged with espionage in New Zealand's history.

"It is, accordingly, a case of national significance," he stated.

"Legally and procedurally, it gives rise to complex questions, including the right to a fair trial and the welfare of the accused, principles of open justice, and the management of legitimate national security interests."

Espionage is communicating information or delivering an object to a country or organisation with the intention to undermine New Zealand's interests.

It carries a maximum sentence of 14 years.

1News can reveal the soldier is the only person in the army who is currently under open arrest.

"An open arrest is subject to conditions that are relevant to an individual case. These conditions are set out by the individual's Commanding Officer," a New Zealand Defence Force spokesperson said in a statement.

A trial date is yet to be set after it was delayed in 2021.

Pre-trial hearings were delayed from March last year because the Court Martial's transcript and recording processes didn't meet the country's security requirements for classified information.

The process for securing specialised recording devices from overseas and then preparing them in line with the Government's protective security requirements took more than 10 months.

This March, the pre-trial hearing recommenced and this month, Chief Judge Riordan said the protocol for dealing with classified information has been finalised.