Courts-Martial Appeal Rules 1954

  • revoked
  • Courts-Martial Appeal Rules 1954: revoked, on 1 July 2009, by rule 54(1) of the Court Martial Appeal Court Rules 2008 (SR 2008/238).

Reprint
as at 1 July 2009

Courts-Martial Appeal Rules 1954

(SR 1954/215)

  • Courts-Martial Appeal Rules 1954: revoked, on 1 July 2009, by rule 54(1) of the Court Martial Appeal Court Rules 2008 (SR 2008/238).


Note

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

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

These regulations are administered in the Navy, Army, and Air Departments.


PURSUANT to the Courts-Martial Appeals Act 1953 and the Judicature Act 1908, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and six other members of the Rules Committee constituted under the Judicature Amendment Act 1930 (two of those other members being Judges of the Supreme Court), hereby makes the following rules.

1
  • (1) These rules may be cited as the Courts-Martial Appeal Rules 1954.

    (2) These rules shall come into force on the date of the commencement of the Courts-Martial Appeals Act 1953.

2
  • (1) In these rules, unless the context otherwise requires,—

    The Court means the Courts-Martial Appeal Court constituted by the Act

    Exhibits means all documents and things which have been produced and used in evidence at a trial by Court-martial, whether they are attached to the proceedings of the Court-martial or not

    Judge Advocate General means the Judge advocate General of the Armed Forces appointed under section 203 of the Armed Forces Discipline Act 1971

    Judge Advocate General: this definition was inserted, as from 1 December 1983, by regulation 2 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237).

    Respondent means the authority that under section 15 of the Act has the duty of undertaking the defence of the appeal.

    (2) A form referred to by number means the form so numbered in Schedule 1 to these rules, or a form as near thereto as circumstances permit.

Applications for leave to appeal and notices

3
  • (1) A person desiring to appeal to the Court against his conviction by a Court-martial shall make application for leave to appeal in form 1 and shall answer the questions and comply with the requirements set forth therein.

    (2) An application for leave to appeal and any notice required or authorized to be given to the Court under these rules, other than a notice of abandonment, shall be signed by the appellant or by his representative. A notice of abandonment shall, except as provided in rule 7(2) hereof, be signed by the appellant himself.

    (3) An application for leave to appeal and any notice required or authorized to be given to the Court under these rules shall, subject to subclause (4) of this rule, be addressed to the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand, or such other place as the Chief Justice may from time to time direct.

    (4) In any of the circumstances specified in the first column of Schedule 2 to these rules, any application or notice which is required or authorized to be given to the Court under these rules may be lodged with the person specified, in relation to those circumstances, in the second column of that Schedule.

    (5) Where any application or notice is lodged with a person other than the Registrar in accordance with subclause (4) of this rule, it shall be the duty of that person—

    • (a) To forward the application or notice to the Registrar with as much expedition as possible; and

    • (b) If it appears to that person that it is practicable to furnish the Registrar, before the receipt by him of the application or notice, with such particulars of the application or notice as will enable him to prepare a copy of it, and that in all the circumstances it is expedient so to do, forthwith to furnish him with those particulars.

    (6) Where an appellant, or any other person required or authorized to make an application or give any notice for the purposes of the Act or of these rules, is unable to write, he may affix his mark thereto, in the presence of a witness, who shall attest the same, and thereupon the application or notice shall be deemed to be signed by the appellant.

Time for applying for leave to appeal

4
  • The period within which an application for leave to appeal must, under section 7(1) of the Act, be lodged shall be as follows:

    • (a) In the case of a conviction by a court-martial held outside New Zealand, 35 days commencing with the day after the day on which the finding of the court-martial was announced:

    • (b) In the case of a conviction by a court-martial held in New Zealand, 21 days commencing with the day after the day on which the finding of the court-martial was announced.

    Rule 4 was substituted, as from 1 December 1983, by regulation 3 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237).

Extension of time

5
  • A notice of application to the Court for an extension of time within which to make application for leave to appeal under section 7(4) of the Act shall be in form 2, and shall either be sent to the Registrar with the application for leave to appeal or be lodged in accordance with rule 3(4) hereof with the application for leave to appeal.

6
  • Where the time for lodging any application or notice with the Registrar or any other person in accordance with the Act or these rules expires on a day on which the office of the Registrar or that other person is closed, and by reason thereof the application or notice cannot be lodged on that day, the application or notice shall be deemed to be lodged in time if it is lodged on the day on which the office is next open.

Abandonment of appeal

7
  • (1) An appellant may, at any time after he has made application for leave to appeal, abandon his appeal by giving to the Registrar notice of abandonment thereof in form 3, or by lodging the notice in accordance with rule 3(4) hereof.

    (2) Where it is contended that the appellant is insane, a notice of abandonment may be given and signed by the appellant's representative.

    (3) The signature of the appellant or his representative to a notice of abandonment shall be witnessed by a legal staff officer, or the appellant's commanding officer, or an officer not below the rank of field officer.

Legal aid

8
  • An appellant who desires to apply to the Court for legal aid under section 13 of the Act shall do so when making application for leave to appeal by answering fully and correctly the questions 1 and 2 in form 1.

Presiding Judge

9
  • At any sitting of the Court—

    • (a) Where one only of the Judges is a Judge of the High Court, he shall preside:

    • (b) Where two or more of the Judges are Judges of the High Court, the senior of those Judges shall preside:

    • (c) Where the Court consists exclusively of appointed Judges, such one of those Judges as the Chief Justice directs shall preside.

    Paragraphs (a) and (b) were amended, as from 1 January 2004, by section 48(3) Supreme Court Act 2003 (2003 No 53) by substituting the word High for the word Supreme. See sections 50 to 55 of that Act for the transitional and savings provisions.

Application to a single Judge

10
  • (1) A Judge of the Court, exercising the powers of the Court under section 25 of the Act, may sit wherever convenient.

    (2) Where any application has been dealt with by a Judge in exercise of the powers of the Court under section 25 of the Act, the Registrar shall forthwith notify the appellant of the decision.

    (3) The period within which an appellant, if the Judge refuses an application on the part of the appellant to exercise in his favour any of the powers mentioned in paragraphs (a) to (d) of section 25 of the Act, must under the said section make a requisition to have the application determined by the Court shall be fourteen days if the appellant is in New Zealand or thirty days if the appellant is outside New Zealand next following the day on which he receives a notification under subclause (2) of this rule. The form in which that requisition shall be made shall be that set out in form 4.

11
  • (1) The Registrar, on receipt by him of an application for leave to appeal under the Act, or where a reference is made under section 24 of the Act, shall request the Judge Advocate General to furnish to him the proceedings of the Court-martial.

    (2) After an application is finally refused or is withdrawn or the appeal is determined or abandoned, the proceedings of the Court-martial shall, subject to any order which the Court may make, be returned by the Registrar to the Judge advocate of the Fleet or to the Judge Advocate General.

    (3) A copy of any document which is required for the use of the Court may be made by such person and in such manner as the Registrar may direct.

    Rule 11(1) was amended as from 1 December 1983, by regulation 4(a) Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237) by omitting the words the Judge Advocate of the Fleet or.

    Rule 11(2) was amended as from 1 December 1983, by regulation 4(b) Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237) by substituting the words Judge Advocate General for the words Judge Advocate General, as the case may be.

Copies of proceedings, etc.

12
  • (1) At any time after the Registrar has received an application for leave to appeal, an appellant or respondent may, subject to the provisions of these rules, obtain from the Registrar copies of any document in his possession for the purposes of the appeal.

    (2) Copies of any document shall be supplied by the Registrar to the appellant or respondent at a charge not exceeding 6d. for every folio of seventy-two words, but if the appellant has been assigned free legal aid the Registrar shall, unless he considers it unnecessary for the purposes of the appeal, supply such copies free of charge.

Documents and exhibits

13
  • (1) The Registrar may, on an application made to him by the appellant or respondent, or where he considers it necessary for the proper determination of any appeal or application, and shall, where so directed by the Court, obtain and keep available for use by the Court any document or exhibit, and, subject to rule 14 hereof, pending the determination of the appeal or application, every such document and exhibit and the proceedings of the Court-martial shall be open, as and when the Registrar may arrange, for inspection by the appellant or respondent.

    (2) Subject to rule 14 hereof, the Court may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of Justice so to do, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar or before it, by any person having the custody or control thereof.

    (3) After an application is finally refused or is withdrawn or the appeal is determined or abandoned, documents and exhibits shall, subject to any order which the Court may make, be returned by the Registrar to the person who produced or forwarded the same.

    (4) Service of any order made under this rule shall be personal service, unless the Court otherwise orders.

Security of documents, etc.

14
  • (1) If the Minister of Defence or any person authorized in that behalf certifies that, for reasons of security, the whole or part of the proceedings or other document, exhibit, or other thing ought not to be disclosed otherwise than to the Court, or ought only to be disclosed subject to certain conditions specified by the person who so certifies, the Registrar shall, notwithstanding any provision of these rules to the contrary, not permit inspection or supply a copy thereof without seeking a direction from the Court.

    (2) Nothing in these rules shall affect any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

Witnesses

15
  • (1) An order of the Court that a witness shall attend and be examined shall be in form 5 and shall specify the time and place at which to attend.

    (2) Any such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and is not legally represented the application shall be made by him in form 6.

    (3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, the order shall specify the person appointed as examiner to take the examination, the place thereof, and the witness to be examined.

    (4) The Registrar shall, subject to rule 14 hereof and any direction given by the Court, furnish to the person appointed to take an examination such document, exhibit, or other thing relating to the appeal as he may require, or the Registrar may furnish copies thereof made in such manner as may be suitable. Every such document and exhibit and other thing shall, after the examination has been concluded, be returned to the Registrar by the examiner, together with any depositions taken by him under this rule.

    (5) When the examiner has appointed the day and time for the examination, he shall request the Registrar to notify the appellant and the respondent thereof, and also, when the appellant is in custody, the person in charge of the place where the appellant is confined, and the Registrar shall thereupon cause to be served on every witness to be examined a notice in form 5.

    (6) An examiner shall have power to administer an oath to, or take the affirmation of, any witness, and to require any such person to take such an oath or make such an affirmation and to answer any question to which the examiner may legally require an answer.

    (7) The examination of every witness before an examiner shall be taken in the form of a deposition, and unless otherwise ordered shall be taken in private, subject to the right of the parties to be present and to cross-examine the witness. Depositions shall be recorded in the manner set out in form 7.

    (8) Service of any order or notice required by this rule to be given to any witness shall be personal service, unless the Court otherwise orders.

Special commissioner

16
  • (1) When an order of reference is made by the Court under section 11(e) of the Act, the question to be referred, and the person to whom as special commissioner the question is to be referred, shall be specified in the order, which may require the special commissioner to make interim reports to the Court from time to time.

    (2) The Court may order that copies of any report made by a special commissioner shall be furnished to the appellant and respondent.

Register and cause list

17
  • (1) The Registrar shall keep a register of all cases in which he receives an application for leave to appeal under the Act, and the register shall be open for public inspection in such place and at such hours as the Registrar, subject to the approval of the Court, shall decide.

    (2) The Registrar shall also prepare a list of appeals and applications which the Court may consider on the days on which the Court, as constituted for the hearing and determination of appeals under the Act, shall sit, and shall cause the list to be published at such times, in such places, and in such manner as he, subject to the approval of the Court, thinks convenient for giving due notice to any parties interested therein of the hearing of the cases in the list by the Court.

Presence of appellant at hearing

18
  • Where an appellant is in custody and has obtained leave to be present at the hearing and determination of his application or appeal, or at an examination or investigation, or at any stage thereof, the Registrar shall notify the appellant, the respondent, and the person in charge of the place where the appellant is confined of the date thereof.

Notifying results of appeals, etc.

19
  • (1) On the final determination of any appeal or of any application, the Registrar shall give to the appellant, the respondent, and, where the appellant is in custody, to the person in charge of the place where he is confined written notice of the determination.

    (2) In the case of an appeal against a conviction involving sentence of death, the Registrar shall, on receiving an application for leave to appeal, send a copy thereof to the Minister, and shall, where leave to appeal is refused and on the final determination of an appeal, forthwith give written notice to the appellant, and to the Minister, and to the person in charge of the place where the appellant is confined.

Application to Attorney-General for certificate

20
  • (1) An appellant or respondent desiring to apply to the Attorney-General, under section 10(1) of the Act, for a certificate that the decision of the Court involves a point of law of exceptional public importance, and that it is desirable in the public interest that a further appeal should be brought, shall make application in form 8.

    (2) A notice of application to the Court for an extension of time within which to apply for such a certificate shall be in form 9, and shall be accompanied by form 8.

Restitution order

21 Order for compensation
  • (1) Where the Court makes an order for compensation under section 86 of the Armed Forces Discipline Act 1971, the operation of the order shall be suspended in accordance with subclause (2) of this rule unless the appellant consents in writing to the operation of the order not being suspended.

    (2) Where the consent referred to in subclause (1) is not given, the operation of the order is suspended—

    • (a) until the expiry of the period prescribed by section 10(1) of the Act as the period within which an application for a certificate to appeal to the Court of Appeal must be made; and

    • (b) if, within the period so prescribed, an application under section 10(1) of the Act for a certificate to appeal to the Court of Appeal is made in respect of the conviction upon which the order was made or an application to the Supreme Court for leave to appeal directly to the Supreme Court is made in respect of that conviction,—

      • (i) until the close of the day on which the application is refused; or

      • (ii) if the certificate or the leave to appeal is granted, until the close of the day on which the appeal is determined or abandoned; and

    • (c) if the decision on the appeal is that of the Court of Appeal, until the expiry of the period prescribed under the Supreme Court Act 2003 as the period within which an application to the Supreme Court for leave to appeal under section 10A of the Act against that decision must be made; and

    • (d) if, within the period referred to in paragraph (c) an application to the Supreme Court for leave to appeal under section 10A of the Act against the decision of the Court of Appeal is made,—

      • (i) until the close of the day on which the application is refused; or

      • (ii) if leave to appeal under section 10A of the Act is granted, until the close of the day on which the appeal is determined or abandoned.

    (3) Any person in whose favour or against whom an order for compensation has been made by a court-martial or a reviewing authority and, with the leave of the Court, any other person shall, on the final hearing by the Court of an appeal against any such order, be entitled to have any representations that he may make considered by the Court before the order is quashed or varied under section 19(2) of the Act.

    Rule 21 was substituted, as from 1 December 1983, by rule 5 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237).

    Subclause (2) was substituted, as from 1 April 2004, by rule 3 Courts-Martial Appeal Amendment Rules 2004 (SR 2004/28).

21A Order for restitution
  • (1) Where the Court makes an order for restitution under section 87 (with or without compensation under subsection (3) of that section) of the Armed Forces Discipline Act 1971, the operation of the order shall be suspended in accordance with subclause (3) of this rule unless the Court states in writing that, in its opinion, the right to possession of the property is not in dispute.

    (2) The property that is subject to any such order shall, unless it is in the custody of the Registrar, be caused to be kept in safe custody while the operation of the order is suspended; and the Court or a Judge may give directions to ensure the safe custody of the property and its production when required.

    (3) Where no statement of a kind referred to in subclause (1) is made, the operation of the order is suspended—

    • (a) until the expiry of the period prescribed by section 10(1) of the Act as the period within which an application for a certificate to appeal to the Court of Appeal must be made; and

    • (b) if, within the period so prescribed, an application under section 10(1) of the Act for a certificate to appeal to the Court of Appeal is made in respect of the conviction upon which the order was made or an application to the Supreme Court for leave to appeal directly to the Supreme Court is made in respect of that conviction,—

      • (i) until the close of the day on which the application is refused; or

      • (ii) if the certificate or leave to appeal is granted, until the close of the day on which the appeal is determined or abandoned; and

    • (c) if the decision on the appeal is that of the Court of Appeal, until the expiry of the period prescribed under the Supreme Court Act 2003 as the period within which an application to the Supreme Court for leave to appeal under section 10A of the Act against that decision must be made; and

    • (d) if, within the period referred to in paragraph (c) an application to the Supreme Court for leave to appeal under section 10A of the Act against the decision of the Court of Appeal is made,—

      • (i) until the close of the day on which the application is refused; or

      • (ii) if leave to appeal under section 10A of the Act is granted, until the close of the day on which the appeal is determined or abandoned.

    (4) Any person in whose favour or against whom an order for restitution has been made by a court-martial or a reviewing authority or in whom any property has been revested on a conviction by virtue of section 26(1) of the Sale of Goods Act 1908 and, with the leave of the Court, any other person shall, on the final hearing by the Court of an appeal against the order, be entitled to have any representations that he may make considered by the Court before the order is quashed or varied under section 19(2) of the Act.

    Rule 21A was inserted, as from 1 December 1983, by rule 5 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237).

    Subclause (3) was substituted, as from 1 April 2004, by rule 4 Courts-Martial Appeal Amendment Rules 2004 (SR 2004/28).

Right of audience

22
  • In any proceedings before the Court any of the following persons may address the Court:

    • (a) A barrister of the High Court of New Zealand retained by or on behalf of the appellant or respondent:

    • (b) The appellant, if he has leave of the Court to be present:

    • (c) Where the Court is directed to sit at a place outside New Zealand, any other person allowed by leave of the Court to appear on behalf of the appellant or respondent.

    Paragraph (a) was amended, as from 1 January 2004, by section 48(3) Supreme Court Act 2003 (2003 No 53) by substituting the word High for the word Supreme. See sections 50 to 55 of that Act for the transitional and savings provisions.

Deputy Registrars and officers of Court

23
  • Without limiting the provisions of section 5 of the Act, it is hereby declared that there may from time to time be appointed by the Chief Justice, or in accordance with directions given by the Chief Justice, such Deputy Registrars and other officers of the Court as may be required to exercise any powers or functions outside New Zealand.

24
  • Subject to any directions given by the Court or by the Chief Justice, every Deputy Registrar of the Court, whether appointed under section 5 of the Act or under rule 23 hereof, may exercise and perform any of the powers and functions of the Registrar.

Non-compliance with rules

25
  • Non-compliance with these rules by an appellant shall not prevent the further prosecution of his appeal, unless the Court or a Judge thereof otherwise directs. The Registrar shall forthwith notify the appellant of any directions given by the Court or a Judge thereof under this rule, where the appellant was not present at the time when the directions were given.

Enforcement of duties

26
  • The performance of any duty imposed upon any person under the Act or these rules may be enforced by order of the Court.


Schedule 1

  • Schedule 1 was amended, as from 1 December 1983, by rule 6 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237), by substituting the words Date when finding announced for the words Date when conviction pronounced or finding promulgated.

Form 1
Application for leave to appeal against conviction

Rs 3, 8

.

Form 2
Notice of application for extension of time within which to apply for leave to appeal

R 5

.

To the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand. I,*.........., having been convicted of the offence of** ...................... by Court-martial held at .................... on the ................... day of .................. 19..., and being now at*** ......................., give you notice that I hereby apply to the Court for an extension of the time within which I may give Notice of Application for Leave to Appeal, on the grounds following:****........................ (Signed) .................., Appellant. Dated the ..... day of ....... 19.. Form 1 must be filled up and sent with this notice to the Registrar. NOTES *Insert name, number, rank, and unit or ship. **State shortly the offence or offences. ***Set out address in full. ****Here set out clearly and concisely the reasons for the delay in giving notice, and the grounds on which you submit the Court should extend the time.

Form 3
Notice of abandonment

R 7

.

Form 4
Notice of appeal from Judge under section 25 of the Act

R 10(3)

.

To the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand. I,*...................., having received your notification that my applications for— (a) Leave to appeal**: (b) Extension of the period within which application for leave to appeal may be made:** (c) Legal aid**: (d) Permission to be present at the proceedings in the appeal**— have been refused by a Judge of the Court, do hereby give you notice that I desire that the said applications shall be considered and determined by the full Court. (Signed) ................, Appellant. Dated the ................... day of .................... 19.... If you desire to state any reasons, in addition to those set out by you in your original application, upon which you submit that the Court should grant this application, you may do so in the space below. NOTES *Insert name, number, rank, and unit or ship. **Strike out if not applicable. ***You must not repeat reasons that you have already stated in previous applications.

Form 5
Order to witness to attend for examination

R 15

.

To the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand. To *............... WHEREAS, on good cause shown to the Courts-Martial Appeal Court, you have been ordered to attend and be examined as a witness before (the Court) (an Examiner)** upon the appeal of ***........... This is to give you notice to attend before the (Court) (Examiner)** at .............. o'clock in the .................. noon on the .................. day of ................ 19..... at the **** (and also to bring with you and produce the undermentioned books, papers, or other things relating to the appeal, viz:)**............. .............., Registrar Dated the ................ day of ................19...... NOTES *Full name and address of witness. **Strike out word in parentheses not applicable. ***Name, number, and rank of appellant. ****Insert place where examination is to take place.

Form 6
Appellant's application to call further evidence

R 15(2)

.

To the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand. I, *................., having applied for leave to appeal to the Courts-Martial Appeal Court, hereby give notice that I desire the Court to order the following (witness) (witnesses)** to attend the Court and be examined on my behalf. (Signed) .............., Appellant. Dated the ............... day of ..................... 19.... You are required to complete the following particulars***: (a) Name and address of witness: .................. (b) Was the witness examined at your Court-martial? ................ (c) If not, state reason why he was not examined: .................. (d) State shortly the evidence you think he can give: ................. NOTES *Insert name, number, rank, and unit or ship. **Strike out word in parentheses not applicable. ***If more than one witness is desired, the information must be given in respect of each witness.

Form 7
Record of deposition of witness examined before examiner

Courts-Martial Appeals Act 1953 R 15(7)

.

.................. Appellant THE deposition on oath taken before me, the undersigned, being an Examiner duly appointed by the Courts-Martial Appeal Court, of ................ of .................. and ................. of ................ witnesses, examined before me under an order of the said Court dated ................. day of .............. 19...., in the presence of the said .................. appellant (or of his counsel or solicitor) and the respondent (or its counsel or solicitor) at ................. on the ................... day of ............... 19..... which said appellant and respondent (personally, or by their counsel or solicitors respectively) had full opportunity of asking questions of the said witnesses, to whom the depositions following were read by me before being signed by them the said witnesses respectively. The deposition of .................... of ................... who upon oath duly administered by me saith as follows: [Here follows deposition]. (Signed) ..............., Witness. Taken before me the ................... day of ................... 19...... (Signed) ..................., Examiner.

Form 8
Notice of application for a certificate under section 10(1) of the Act

R 20(1)

.

Form 9
Notice of application for extension of time within which to apply for a certificate under section 10 of the Act

R 20(2)

.

To the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand. Appellant:*................. Respondent: ................ Present address of appellant:**.................. The appellant having appealed to the Court against his conviction by Court-martial for the offence of ***..................... and the decision of the Court having been given at ................ on the .............. day of .................. 19...., the (appellant) (respondent)**** hereby gives you notice that (he) (it)**** hereby applies to the Court for an extension of the time within which to apply to the Attorney-General for a certificate under section 10 of the Act, on the grounds following:*****................... (Signed) ............... (Appellant) (Respondent)****. Dated the .................. day of ................... 19..... Form 8 must be filled up and sent with this notice to the Registrar. NOTES *Insert name, number, rank, and unit or ship. **Set out address in full. ***State shortly the offence. ****Strike out words in parentheses not applicable. *****Here set out clearly and concisely the reasons for the delay in making such application and the ground on which it is submitted the Court should extend the time.

Schedule 2

  • Schedule 2 was amended, as from 1 December 1983, by rule 7 Courts-Martial Appeal Rules 1954, Amendment No 1 (SR 1983/237), by substituting the items relating to circumstances 4, and revoking 5.

CircumstancesPerson With Whom an Application or Notice is Lodged under Rule 3(4)
(1)Appellant serving in or in custody on board H M shipCaptain of the ship.
(2)Appellant in custody on board a ship other than one of H M shipsOfficer commanding forces on board.
(3)Appellant serving with an army or air force unitOfficer commanding the unit.
(4)Appellant confined in service penal establishmentCommandant of the service penal establishment.
   
(6)Appellant confined in a civil prisonGovernor or gaoler of the prison.
(7)Appellant who is a civilian and is outside New ZealandOfficer commanding at the nearest naval, army, or air force head-quarters.

T J SHERRARD,

Clerk of the Executive Council.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 9 December 1954.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Courts-Martial Appeal Rules 1954. It incorporates all the amendments to the rules as at 1 July 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Court Martial Appeal Court Rules 2008 (SR 2008/238): rule 54(1)