New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) For the purposes of this Act the court may, if it thinks it necessary or expedient in the interests of justice,—
(a) order the production of any document, exhibit, or other thing connected with the proceedings the production of which appears to the court to be necessary for the determination of the case:
(b) order that all necessary steps be taken to obtain from any military member who sat in the Court Martial at the trial of the appellant, or from the Judge at that trial, a report that—
(i) sets out that person’s opinion on the case or on any point arising in the case; or
(ii) contains a statement of any facts that the court considers to be in need of clarification because they appear to the court to be material for the purpose of the determination of the case:
(c) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in the prescribed manner before any Judge of the court or before any other person appointed by the court for that purpose, and allow the admission of any depositions so taken as evidence before the court:
(d) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness and, if the appellant makes an application for the purpose, of the spouse or civil union partner of the appellant in cases where the evidence of the spouse or civil union partner could not have been given at the trial except on such an application:
(e) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the court conveniently be conducted before the court, order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by the court, and act upon the report of any such commissioner so far as the court thinks fit to adopt it:
(f) appoint any person with special expert knowledge to act as an assessor to the court in any case where it appears to the court that such special knowledge is required for the proper determination of the case,—
and may issue any warrants necessary for enforcing the orders or sentences of the court.
(2) The court must not make an order under subsection (1)(b) for the purpose of obtaining a report from a military member of the Court Martial unless—
(a) it also makes an order for the purpose of obtaining a report from the Judge at the trial; or
(b) it is satisfied that obtaining a report from the Judge at the trial is impracticable or would involve undue delay.
Compare: Courts-Martial (Appeals) Act 1951 s 8(1) (UK)
Section 11(1)(b): substituted, on 1 July 2009, by section 21(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).
Section 11(1)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 11(2): added, on 1 July 2009, by section 21(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).
