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New Zealand Legislation: Regulations

Regulations are laws made under Acts

2008/238

Court Martial Appeal Court Rules 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 4th day of August 2008

Present:
His Excellency the Governor-General in Council

Pursuant to section 26 of the Court Martial Appeals Act 1953 and section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Contents

Part 1
Preliminary provisions

3 Interpretation

4 Application of rules

Part 2
Procedure

Institution of appeal

6 Notice of appeal and notice of application for leave to appeal

7 Other applications may be included in notice of appeal or application for leave to appeal

8 Persons required or authorised to sign notices and other documents

9 Notice of application for leave to appeal is sufficient notice of appeal

10 Mode of bringing appeal and effecting service

11 Application for extension of time

12 Form must be treated as application for extension of time if notice given out of time

13 Complaint against trial counsel

14 Fresh evidence

15 Deponent may be required to give evidence orally

16 Disparity of sentences

Preparation for hearing

17 Documents required for general appeals and appeals by Director of Military Prosecutions against sentence

18 Documents required for other appeals

19 Documents required for extension of time

20 Judge Advocate General may direct delivery of documents, etc

21 Court may request Court Martial to provide report

22 Examination of witnesses otherwise than before court

23 Registrar may issue witness subpoenas

24 Authorities bundles

25 Registrar to give parties notice of fixture for oral appeals

26 Timing of submissions on merits

27 Right of reply at oral hearing

Appeals on papers

28 Period allowed for making written submissions on merits: submissions by appellant

29 Period allowed for making submissions on merits: respondent’s submissions and submissions in reply

30 Timing of appeal on papers

31 Panel for appeal on papers

32 Delivery of judgments

33 Refusal of 1 Judge to exercise certain powers of court

34 Judges to be identified

Part 3
Miscellaneous provisions

35 Abandonment of appeal

36 Persons to be heard by court before restitution order annulled or varied

37 Order for compensation

38 Order for restitution

39 Successful appellant entitled to return of amount paid towards fine

40 Security of documents, etc

41 Special commissioner

42 Presiding Judge

43 Right to be present

44 Right of audience

45 Register must be kept

46 Mode of giving notice to court

47 Mode of giving notice to parties

48 Court order may enforce rules

49 Effect of non-compliance with rules

50 Cases not provided for in rules

51 Power to extend or shorten time appointed by rules or fixed by order

52 Correction of accidental slip or omission

53 Form of warrant to arrest appellant absconding or breaching bail condition

54 Revocation and saving

Explanatory note

Administrative information

Rules