Reprint as at 13 June 2008

Court Martial Act 2007

Public Act	2007 No 101
Date of assent	13 November 2007
Commencement	see section 2

Note

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

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

The Court Martial Act 2007 is administered by the New Zealand Defence Force.

1 Title

2 Commencement

Part 1
Preliminary provisions relating to Court Martial

Subpart 1—Preliminary

3 Purpose of this Act

4 Overview of this Act

5 Interpretation

6 This Act to be read with 1971 Act

7 This Act binds the Crown

Subpart 2—Establishment of Court Martial

Court Martial established

8 Court Martial of New Zealand established

9 Court Martial must sit in divisions

Judges of Court Martial

10 Judges of Court Martial

11 Eligibility for appointment as Judge

12 Appointment of Chief Judge

13 Appointment of Deputy Chief Judges

14 Appointment of other Judges

15 Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges

16 Protection of Judges against removal from office

17 Judges must not hold other offices

18 Judges to have immunities of High Court Judges

19 Age of retirement

20 Salaries and allowances of Judges

Subpart 3—Constitution of Court Martial for proceedings

Composition of Court Martial

21 Composition of Court Martial

Assignment of military members of Court Martial

22 Qualifications for membership

23 Disqualifications for membership

24 Registrar must consider other factors in assigning military members

25 Officers of other forces may be assigned as military members in certain circumstances

26 Procedure for assigning military members

27 Accused may object against assignment of person as military member

28 Substitute military members

Subpart 4—Duties of members of Court Martial

Duties of Judge

29 Duties of Judge: general

30 Duties of Judge at trial

Duties of military members

31 Duties of military members

32 Failure to attend Court Martial is contempt of court

Other provisions relating to role of military members

33 Seniority of military members

34 Senior military member must submit report on command issues

35 Prohibition on taking into account information about conduct of military members

Part 2
Jurisdiction, procedures, and powers

Subpart 1—Jurisdiction and sittings of Court Martial

General jurisdiction

36 Jurisdiction of Court Martial

Sittings of Court Martial

37 Requirements for sittings of Court Martial

38 When Court Martial must hold proceedings in closed court

39 Judge may limit scope of open court

40 Duration of order limiting scope of open court

41 Application of section 42

42 Special provisions in cases involving sexual violation

Subpart 2—Procedures

43 Preliminary procedure

44 Judge may sit alone to rule on question of law or procedure

45 Power to summon witnesses

46 Service of summons

47 Administration of oaths

Discharge of military members

48 Discharge of military members

Subpart 3—Bail

General

49 Judge may grant bail pending trial

50 Judge may grant bail pending appeal

51 Time on bail pending appeal does not count as time served

Other provisions relating to bail

52 Procedure for bail generally

53 Issue of warrant to arrest person absconding or breaching bail condition

54 Person arrested under warrant for absconding or breaching bail condition must be brought before Judge

Subpart 4—Findings of Court Martial

Finding on charge

55 Finding of Court Martial

56 Power to convict of offence other than that charged

57 Accused may be convicted of attempting to commit offence

58 Accused may be convicted of corresponding offence

59 Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge

60 Recording of finding on alternative charges

Sentence of Court Martial

61 Sentence of Court Martial

62 Order to come up for sentence if called on

63 Offender to come up for sentence

64 Other offences may be taken into account in passing sentence

65 Court Martial must adhere to sentencing guidelines

Announcement of finding and sentence

66 Announcement of finding and sentence

Part 3
Miscellaneous and administrative provisions

Subpart 1—Miscellaneous provisions

Miscellaneous

67 Court must take judicial notice of certain matters

68 Defence of accused

69 Proceedings not invalid for want of form, etc

70 Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act

71 Evidence in proceedings under this Act or 1971 Act

72 Limits on application of section 71: evidence of general matters

73 Limits on application of section 71: evidence of custody at police station

74 Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave

75 Records of Court Martial proceedings

76 Evidence of proceedings of Court Martial

Subpart 2—Administrative provisions

Seal

77 Seal of Court Martial

Delegation by Chief Judge

78 Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar

Appointment of Registrar, clerks, and other officers of Court Martial

79 Appointment of Registrar, clerks, and other officers of Court Martial

80 Registrar to be Inspector of Service Penal Establishments

Attendance of clerk, etc, at sittings of Court Martial

81 Attendance of clerk, etc, at sitting of Court Martial

Delegation by Registrar

82 Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial

Subpart 3—Transitional provisions, repeal, and consequential amendments

Transitional provisions

83 Transitional provision relating to Chief Judge

84 What happens if court-martial has not yet been convened on commencement of this Act

85 What happens if court-martial has been convened on commencement of this Act

Repeal

86 Part 6 of 1971 Act repealed

Consequential amendments

87 Consequential amendments to other enactments

Schedule 1
Alternative offences under 1971 Act of which accused may be convicted by Court Martial

Schedule 2
Consequential amendments to other enactments

Reprint notes

New Zealand Legislation: Acts

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Court Martial Act 2007 No 101 (as at 13 June 2008), Public Act

Court Martial Act 2007

Note

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