Military Justice Legislation Amendment Act 2018

  • Corrections have been made to Schedules 1, 2, and 3 on 3 October 2018 under section 25(1)(j)(iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Military Justice Legislation Amendment Act 2018

Public Act
 
2018 No 36
Date of assent
 
28 September 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 3 amended (Special provisions relating to the interpretation, etc, of Part 2)
5New sections 5A and 5B inserted
5ATransitional, savings, and related provisions
5BAct binds the Crown
6Section 101A amended (Judge Advocate General may grant bail pending trial)
7New section 102A inserted (Commanding officer must determine whether offence is specified offence)
102ACommanding officer must determine whether offence is specified offence
8New section 117ZIA inserted (Director to determine whether offence is specified offence)
117ZIADirector to determine whether offence is specified offence
9Section 155 amended (Procedure for reconsideration)
10New section 155A inserted (Information for victims)
155AInformation for victims
11Section 161 amended (Purpose of Discipline Committee)
12Section 187 amended (Interpretation of terms used in this Part)
13New section 187A inserted (Court Martial to act through Judge alone)
187ACourt Martial to act through Judge alone
14Section 188 amended (When Court may find accused unfit to stand trial)
15Section 188A amended (Determining if accused unfit to stand trial)
16New sections 188C to 188E inserted
188CInquiry before trial into accused’s involvement in offence
188DInquiry during trial into accused’s involvement in offence
188EOutcome of consideration of accused’s involvement
17Section 190 amended (Finding of insanity)
18Section 191 amended (Order to be made if person unfit to stand trial or insane)
19Section 194 amended (Power of Court Martial to commit to hospital on conviction)
20Section 196 amended (Insanity of certain persons while serving sentences of imprisonment under this Act)
21New Part 10A inserted
198AApplication of this Part
198BInterpretation of terms used in this Part
198CRights to be accorded to victim of specified offence
198DVictim’s views about release on bail of accused or offender
198ERight to receive notice of certain matters and to appoint representative
198FChange of address of victim or representative
198GVictim may opt out of receiving notices
198HSections 40 to 46 of Victims’ Rights Act 2002 apply
198IApplication of sections 198J to 198N
198JNotice of release on bail of accused or offender
198KNotice of release or escape from custody, or of death, of accused or offender
198LNotice of breach of release or detention conditions
198MNotice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
198NNotice of proposal to cancel or suspend liability for deportation
198OVictim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
22Section 206 amended (Defence Force Orders)
23New Schedule 1AA inserted
24Principal Act
25New section 6A inserted (Transitional, savings, and related provisions)
6ATransitional, savings, and related provisions
26Section 15 repealed (Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges)
27Section 26 amended (Procedure for assigning military members)
28Section 27 amended (Accused may object against assignment of person as military member)
29Section 28 amended (Substitute military members)
30Section 49 amended (Judge may grant bail pending trial)
31New Schedule 1AA inserted
32Principal Act
33New sections 2A and 2B inserted
2ATransitional, savings, and related provisions
2BAct binds the Crown
34Section 9EA amended (Appeal by accused against finding relating to fitness to stand trial)
35New section 9EB inserted (Appeal against order for detention, release, etc)
9EBAppeal against order for detention, release, etc
36New Schedule 1 inserted
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: