Court Martial Act 2007

Schedule 2
Consequential amendments to other enactments

s 87

Part 1
Amendments to other Acts

Corrections Act 2004 (2004 No 50)

Paragraph (g) of the definition of attendance for judicial purposes in section 3(1): repeal.

Paragraph (b) of the definition of legal adviser in section 3(1): omit at a court-martial and substitute in the Court Martial.

Crimes Act 1961 (1961 No 43)

Section 9(b): omit any Court Martial and substitute the Court Martial.

Crimes of Torture Act 1989 (1989 No 106)

Paragraph (d) of definition of National Preventive Mechanism in section 16: repeal and substitute:

  • (d) the Registrar of the Court Martial of New Zealand appointed under section 79 of the Court Martial Act 2007:.

Defamation Act 1992 (1992 No 105)

Definition of Court in Part 3 of Schedule 1: omit a court martial and substitute the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007.

Electronic Transactions Act 2002 (2002 No 35)

Item (8) in Part 4 of the Schedule: repeal and substitute:

  • (8) the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007:.

Geneva Conventions Act 1958 (1958 No 19)

Definition of Court in section 2(1): repeal.

Section 3(8): repeal.

Habeas Corpus Act 2001 (2001 No 31)

Section 14(2)(a): repeal and substitute:

  • (a) a conviction of an offence by a court of competent jurisdiction, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, or a disciplinary officer acting under Part 5 of the Armed Forces Discipline Act 1971; or.

Judicature Act 1908 (1908 No 89)

Section 58D(4)(c): omit Courts in each place where it appears and substitute in each case Court.

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38)

Definition of Head of Bench in section 5: insert after paragraph (d):

  • (eaa) in relation to the Court Martial, the Judge Advocate General:.

Paragraph (e) of the definition of Head of Bench in section 5: omit Courts and substitute Court.

Paragraph (a) of the definition of Judge in section 5: insert the following subparagraph after subparagraph (iv):

  • (iva) a Judge of the Court Martial; or.

Lawyers and Conveyancers Act 2006 (2006 No 1)

Section 47(b): repeal and substitute:

  • (b) section 68 of the Court Martial Act 2007; or.

Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)

Definition of Court in section 2(1): repeal and substitute:

Court means—

  • (a) a District Court; or

  • (b) as the case may be, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007 when acting under Part 10 of the Armed Forces Discipline Act 1971.

Oaths and Declarations Act 1957 (1957 No 88)

Section 22(2): insert after paragraph (a):

  • (aaa) in the case of a Judge of the Court Martial, by the Judge Advocate General or a Judge of the High Court:.

Schedule 2: insert after the item relating to the Judges of the High Court:

The Judges of the Court Martial.

Prisoners' and Victims' Claims Act 2005 (2005 No 74)

Section 4: insert in its appropriate alphabetical order:

Court Martial means the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007.

Paragraph (a) of the definition of service prisoner in section 4: omit a court-martial and substitute the Court Martial.

Section 5(1) and (2): omit court-martial in each place where it appears and substitute in each case the Court Martial.

Heading to section 25: omit court-martial and substitute Court Martial.

Section 30(5): repeal and substitute:

  • (5) However, the Chief District Court Judge must consult with the Judge Advocate General before designating a Tribunal under this section if a claim to which the designation relates involves an offender convicted by the Court Martial, or found guilty by a disciplinary officer, under the Armed Forces Discipline Act 1971.

Section 35(1)(a): repeal and substitute:

  • (a) relate to criminal proceedings, proceedings of a disciplinary officer under the Armed Forces Discipline Act 1971, or proceedings of the Court Martial; and.

Section 35(2)(c): omit court-martial and substitute Court Martial.

Section 35(2)(c): omit section 145 of the Armed Forces Discipline Act 1971 and substitute section 75 of the Court Martial Act 2007.

Heading to section 36: omit court-martial and substitute Court Martial.

Heading to section 37: omit court-martial and substitute Court Martial.

Remuneration Authority Act 1977 (1977 No 110)

Section 12B(1): insert after paragraph (b):

  • (ba) the Chief Judge of the Court Martial and the other Judges of the Court Martial; and.

Schedule 4: add the following item:

The Registrar of the Court Martial

Supreme Court Act 2003 (2003 No 53)

Definition of New Zealand court in section 4: omit a court-martial constituted under Part 6 of the Armed Forces Discipline Act 1971, the Courts Martial Appeal Court constituted by the Courts Martial Appeals Act 1953 and substitute the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953.

Part 2
Amendments to regulations

Corrections Regulations 2005 (SR 2005/53)

Regulation 191(2): omit section 166 and substitute Part 8.

Electoral Regulations 1996 (SR 1996/93)

Regulation 46(5): insert the before Court Martial.