Armed Forces Discipline Amendment Act (No 2) 2007

Reprint as at 1 July 2009

Armed Forces Discipline Amendment Act (No 2) 2007

Public Act
 
2007 No 98
Date of assent
 
13 November 2007
 
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the New Zealand Defence Force.

Contents

1Title
2Commencement
3Principal Act amended
4Interpretation
5Special provisions relating to the interpretation, etc, of Part 2
6Section 7 repealed
7Members of other forces attached to Armed Forces under section 23A of Defence Act 1990
8Spies, etc
9Certain civilians closely associated with Armed Forces subject to this Act
10Certain persons sentenced under this Act to remain subject to this Act
11Trial and punishment of person who has ceased to be subject to this Act
12Limitation a time within which charges may be dealt with summarily or tried under this Act
13Person may not be tried under this Act and under the civil law in respect of same act or omission
14New section 22 substituted
22Persons cannot be tried under this Act for offences already disposed of
15New section 45A inserted
45AFailure to answer bail
16Delay or denial of justice
17New section 70 substituted
70Offences relating to proceedings of military tribunal or court of inquiry
18False evidence
19Conduct prejudicial to service discipline
20Offences against the civil law of New Zealand
21Heading to Part 3 amended
22Jurisdiction of courts-martial
23Court-martial to pass one sentence only
24Discretion of court-martial as to punishment
25Effect of period spent in custody before being sentenced
26Dismissal from service and reduction in rank
27Maximum term of detention
28Reduction in rank and forfeiture and stay of seniority of service
29Punishment by fine
30Compensation for loss of, or damage to, property
31Restitution of property
32Suspension of compensation and restitution orders made by courts-martial, etc
33Disposal of property taken in search
34Delay in dealing with person after arrest
35New sections 101A to 101D inserted
101AJudge Advocate General may grant bail pending trial
101BIssue of warrant to arrest person absconding or breaching bail condition
101CPerson arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General
101DRestrictions in relation to midshipmen, officer cadets, and chaplains
36New Part 4A inserted
101EAppointment of Director of Military Prosecutions
101FFunctions and duties of Director of Military Prosecutions
101GPower of Director of Military Prosecutions to direct investigation
101HPower of Director of Military Prosecutions to stay proceedings
101IDirector of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command
101JDirector of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers
101KDirector of Military Prosecutions must act under general supervision of Solicitor-General
101LDelegation of functions, duties, or powers of Director of Military Prosecutions
37New Part 5 substituted
102Investigation of charges
103Disposal of charges by commanding officers
104Disposal of charges by superior commanders
105Disposal of charges by detachment commanders
106Disposal of charges by subordinate commanders
107Effect of delegation
108Officer is empowered to act as disciplinary officer
109Charge must be referred to subordinate commander in certain circumstances
110Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances—
111Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
112Charge must be certified if disciplinary officer may impose certain punishments
113Amendment of charge
114Assistance to accused
115Assignment of presenting officer
116Arraignment by disciplinary officer
117Plea of guilty
117ASubordinate commander may punish accused or refer charge to commanding officer or detachment commander
117BCommanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters
117CConsideration of whether accused who pleads guilty should be given right to elect trial by Court Martial
117DAccused who pleads guilty must be informed if he or she has right to elect trial by Court Martial
117EAccused who pleads guilty must be punished in certain circumstances
117FAccused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
117GProcedure following mixed pleas
117HChange or amendment of plea
117IProcedure following plea of not guilty
117JDisciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge
117KDisciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer
117LDisciplinary officer must consider whether accused should be given right to elect trial by Court Martial
117MDisciplinary officer must inform accused if accused has right to elect trial by Court Martial
117NDisciplinary officer must remand accused for trial in Court Martial or try charge summarily
117ODisciplinary officer must advise accused and hear evidence on behalf of accused
117PPresenting officer and disciplinary officer may call or recall witnesses
117QDisciplinary officer must determine whether accused is guilty or not guilty
117RProcedures to be followed before imposing punishment
117SDisciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender
117TOrder to come up for punishment if called on
117UOffender to come up for punishment
117VTypes and maximum amounts of summary punishments
117WCertain punishments must not be imposed unless offender was given right to elect trial by Court Martial
117XPunishment must be imposed for all offences of which person is found guilty
117YProvisions relating to punishment of detention
117ZReduction of punishments
117ZAOrders for compensation and restitution
117ZBAccused deemed to have waived certain rights in certain circumstances
117ZCImplications of election must be explained to accused
117ZDAccused does not have certain rights if accused is tried summarily or otherwise dealt with under this Part
117ZERecording proceedings before disciplinary officer
117ZFReferral of charge must include referral of related charges
117ZGDocuments and information to be provided to accused and Director of Military Prosecutions
117ZHReference back of charge by Director of Military Prosecutions
117ZIDirector of Military Prosecutions may lay charge before Court Martial
117ZJProcedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains
117ZKRelevant evidence admissible unless excluded
117ZLTaking of evidence on oath
117ZMAdmission in evidence of written statements instead of oral evidence
117ZNDisciplinary officers and Summary Appeal Court to take judicial notice of certain matters
117ZOGeneral power to make orders or give directions
117ZPConstruction of charges
117ZQReplacement of disciplinary officer
117ZRObjection relating to personal interest
38New Part 5A inserted
118Summary Appeal Court of New Zealand established
119Constitution of Summary Appeal Court
120Summary Appeal Court must sit in divisions
121Registrar, clerks, and other officers of Summary Appeal Court
122Chief Judge may delegate to Registrar duty to assign Judges
123Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court
124Right of appeal
125Notice of appeal
126Registrar and disciplinary officer must provide copies of documents
127Abandonment of appeal
128Effect of appeal on punishments and orders
129Special references to Summary Appeal Court
130Person found guilty must be informed of reference and may comment
131Appeals to proceed by way of rehearing and general power of Summary Appeal Court
132Power of Summary Appeal Court in respect of finding of guilty
133Power of Summary Appeal Court in respect of punishments
134Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on
135Supplementary powers of Summary Appeal Court
136Decisions of Summary Appeal Court final
137Sittings of Summary Appeal Court
138When Summary Appeal Court must hold proceedings in closed court
139Summary Appeal Court may limit scope of open court
140Right of appellant to present his or her case in writing and restricted right of appellant to be present
141Defence of appeals and representation of appellant
142Costs of appeal
143Removal of prisoners for purposes of proceedings under this Part
144Duties of Registrar with respect to appeals
39New heading to Part 7 substituted
40New section 145 substituted
145Application of sections 139 to 141 of Criminal Justice Act 1985 to proceedings under this Act
41Sections 146 and 147 repealed
42Section 149 repealed
43New sections 150 to 150G substituted
150Rules of procedure
150AProtection from civil liability
150BPrivileges and immunities of witnesses and of certain other persons appearing before military tribunals and courts of inquiry
150CPower to summon witnesses
150DService of summons
150EContempt of military tribunal or court of inquiry
150FDistrict Court may deal with person who has committed contempt
150GContempt by counsel
44New Parts 8 and 8A substituted
151Reconsidering Authority established
152Functions and powers of Authority
153Petition for reconsideration
154Authority must consider petition for reconsideration
155Procedure for reconsideration
156Authority may call for written reports and hear evidence
157Authority may regulate its procedure
158Power of Authority to remit whole or part of sentence
159Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority
160Armed Forces Discipline Committee established
161Purpose of Discipline Committee
162Functions of Discipline Committee
163Chief of Defence Force must publish sentencing guidelines
164Appointed member
165Remuneration of members
166Procedure of Discipline Committee generally
166AQuorum for meetings
166BOther procedure at meetings
166CVoting at meetings
166DProtection from liability
45Manner in which sentences of imprisonment and detention are to be served
46Committal, removal, release, etc., of members of the Armed Forces serving imprisonment or detention
47Places in which sentences of imprisonment or detention may be served
48Imprisonment and detention of members of other forces attached to Armed Forces
49Imprisonment and detention of members of Armed Forces attached to other forces
50Establishment and regulation of service prisons and detention quarters
51Commencement of sentences
52Effect of period spent in custody before being sentenced
53Consecutive sentences
54Limitation of term of detention under one or more sentences
55Sections 181 to 183 and heading above section 181 repealed
56Recovery in District Court of fines imposed under this Act
57Compensation to victims of offences occasioning physical harm
58Interpretation of terms used in this Part
59When court may find accused unfit to stand trial
60Determining if accused unfit to stand trial
61Court may postpone finding as to unfitness to stand trial
62Finding of insanity
63Order to be made if person unfit to stand trial or insane
64Duration of order for detention as special patient where defendant unfit to stand trial
65Duration of order for detention as special patient when person acquitted on account of his insanity
66Power of court-martial to commit to hospital on conviction
67Sections 197 and 198 repealed
68New sections 200 to 200T substituted
200Interpretation
200ACourts of inquiry may be assembled
200BComposition of court of inquiry
200COrder assembling court of inquiry
200DRank and seniority of members
200ETerms of reference
200FCourt of inquiry to sit in private
200GAssembly and procedure
200HSittings of court of inquiry
200IAttendance of witnesses
200JWitness to be sworn
200KCollecting and recording of evidence
200LInterpreters and recorders
200MProcedure if conduct of superior officer may be in question
200NRights of person who may be affected by inquiry
200OMatters president must take into account in determining whether person affected by inquiry may be legally represented
200PWhat happens if person affected by inquiry wishes to call witness
200QExhibits
200RSigning and dispatch of record of proceedings
200SAdmissibility of record of proceedings, etc
200TRecord of proceedings not to be disclosed
69Inquiry on absence of member of the Armed Forces
70Pay, service, and effects of deserters and absentees
71Appointment and functions of Judge Advocate General
72Deputy Judge Advocate General
73Heading above section 205 amended
74Regulations
75Chief of Defence Force orders
76Schedule 2 amended
77Schedule 3 amended
78New Schedules 4 and 5 substituted
79Schedule 6 repealed
80Revocation
81Amendments to other enactments
82Continuation of proceedings under Part 5
83Charges in relation to conduct before commencement of this section
Reprint notes

The Parliament of New Zealand enacts as follows: