Court Martial Appeals Act 1953

The Court Martial Appeal Court

Heading: amended, on 1 July 2009, by section 6 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

3 Constitution of Court Martial Appeal Court

(1)

There shall be a Court Martial Appeal Court, of which the Judges shall be—

(a)

the Judges of the High Court; and

(b)

such other persons, being barristers of the High Court of New Zealand who have held a practising certificate as such for not less than 7 years or former Judges of the High Court, as the Governor-General in Council may appoint.

(2)

An appointed Judge continues to hold office—

(a)

unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (3); and

(b)

until his or her successor comes into office.

(3)

An appointed Judge—

(a)

may resign from office by giving the Minister written notice to that effect and stating when the resignation takes effect:

(b)

ceases to hold office when he or she reaches the age of 75 years:

(c)

ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt:

(d)

may be removed from office only by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.

(3A)

An address under subsection (3)(d) may be moved only on the ground of—

(a)

the appointed Judge’s misbehaviour; or

(b)

the appointed Judge’s incapacity to discharge the functions of his or her office.

(3B)

Each appointed Judge is to be paid, out of public money, without further authority than this section,—

(a)

a salary at the rate that the Remuneration Authority determines; and

(b)

any allowances that are determined by the Remuneration Authority; and

(c)

any additional allowances (being travelling allowances or other incidental or minor allowances) that may be determined by the Governor-General.

(4)

Every person appointed under subsection (1)(b) has all the immunities of a Judge of the High Court for the purposes of carrying out his or her tasks and functions as a Judge of the Court Martial Appeal Court.

Compare: Courts-Martial (Appeals) Act 1951 s 1(1)–(3) (UK)

Section 3 heading: amended, on 1 July 2009, by section 7(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(1): amended, on 1 July 2009, by section 7(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(1)(a): substituted, on 1 December 1983, by section 2 of the Courts Martial Appeals Amendment Act 1980 (1980 No 38).

Section 3(1)(b): substituted, on 1 December 1983, by section 2 of the Courts Martial Appeals Amendment Act 1980 (1980 No 38).

Section 3(2): substituted, on 1 July 2009, by section 7(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(3): substituted, on 1 July 2009, by section 7(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(3A): inserted, on 1 July 2009, by section 7(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(3B): inserted, on 1 July 2009, by section 7(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 3(4): added, on 20 May 2004, by section 3 of the Courts Martial Appeals Amendment Act 2004 (2004 No 41).

Section 3(4): amended, on 1 July 2009, by section 7(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).