New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 2007 No 101 |
| Date of assent | 13 November 2007 |
| Commencement | see section 2 |
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.
This Act is administered by the New Zealand Defence Force.
Part 1
Preliminary provisions relating to Court Martial
6 This Act to be read with 1971 Act
Subpart 2—Establishment of Court Martial
8 Court Martial of New Zealand established
9 Court Martial must sit in divisions
11 Eligibility for appointment as 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
20 Salaries and allowances of Judges
Subpart 3—Constitution of Court Martial for proceedings
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
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
36 Jurisdiction 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
42 Special provisions in cases involving sexual violation
44 Judge may sit alone to rule on question of law or procedure
48 Discharge of military members
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
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
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
67 Court must take judicial notice of certain matters
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
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
82 Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial
Subpart 3—Transitional provisions, repeal, and consequential amendments
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
86 Part 6 of 1971 Act repealed
87 Consequential amendments to other enactments
Schedule 1
Alternative offences under 1971 Act of which accused may be convicted by Court Martial
