Reprint as at 30 November 2018

Coat of Arms of New Zealand

Court Martial Act 2007

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

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the New Zealand Defence Force.

Contents

1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Interpretation
6This Act to be read with 1971 Act
6ATransitional, savings, and related provisions
7This Act binds the Crown
8Court Martial of New Zealand established
9Court Martial must sit in divisions
10Judges of Court Martial
11Eligibility for appointment as Judge
12Appointment of Chief Judge
13Appointment of Deputy Chief Judges
14Appointment of other Judges
15Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges [Repealed]
16Protection of Judges against removal from office
17Judges must not hold other offices
18Judges to have immunities of High Court Judges
19Age of retirement
20Salaries and allowances of Judges
21Composition of Court Martial
22Qualifications for membership
23Disqualifications for membership
24Registrar must consider other factors in assigning military members
25Officers of other forces may be assigned as military members in certain circumstances
26Procedure for assigning military members
27Objections against assignment of person as military member
28Substitute military members
29Duties of Judge: general
30Duties of Judge at trial
31Duties of military members
32Failure to attend Court Martial is contempt of court
33Seniority of military members
34Senior military member must submit report on command issues
35Prohibition on taking into account information about conduct of military members
36Jurisdiction of Court Martial
37Requirements for sittings of Court Martial
38When Court Martial must hold proceedings in closed court
39Judge may limit scope of open court
40Duration of order limiting scope of open court
41Application of section 42
42Special provisions in cases involving sexual violation
43Preliminary procedure
44Judge may sit alone to rule on question of law or procedure
45Power to summon witnesses
46Service of summons
47Administration of oaths
48Discharge of military members
49Judge may grant bail pending trial
50Judge may grant bail pending appeal
51Time on bail pending appeal does not count as time served
52Procedure for bail generally
53Issue of warrant to arrest person absconding or breaching bail condition
54Person arrested under warrant for absconding or breaching bail condition must be brought before Judge
55Finding of Court Martial
56Power to convict of offence other than that charged
57Accused may be convicted of attempting to commit offence
58Accused may be convicted of corresponding offence
59Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge
60Recording of finding on alternative charges
61Sentence of Court Martial
62Order to come up for sentence if called on
63Offender to come up for sentence
64Other offences may be taken into account in passing sentence
65Court Martial must adhere to sentencing guidelines
66Announcement of finding and sentence
67Court must take judicial notice of certain matters
68Defence of accused
69Proceedings not invalid for want of form, etc
70Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act
71Evidence in proceedings under this Act or 1971 Act
72Limits on application of section 71: evidence of general matters
73Limits on application of section 71: evidence of custody at police station
74Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave
75Records of Court Martial proceedings
76Evidence of proceedings of Court Martial
77Seal of Court Martial
78Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar
79Appointment of Registrar, clerks, and other officers of Court Martial
80Registrar to be Inspector of Service Penal Establishments
81Attendance of clerk, etc, at sitting of Court Martial
82Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial
83Transitional provision relating to Chief Judge
84What happens if court-martial has not yet been convened on commencement of this Act
85What happens if court-martial has been convened on commencement of this Act
86Part 6 of 1971 Act repealed
87Consequential amendments to other enactments
Reprint notes