Court Martial Appeal Court Rules 2008

Reprint as at 18 October 2016

Coat of Arms of New Zealand

Court Martial Appeal Court Rules 2008

(SR 2008/238)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 4th day of August 2008

Present:
His Excellency the Governor-General in Council

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.

These rules are administered by the New Zealand Defence Force.

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

1Title
2Commencement
3Interpretation
4Application of rules
5Forms
6Notice of appeal and notice of application for leave to appeal
7Other applications may be included in notice of appeal or application for leave to appeal
8Persons required or authorised to sign notices and other documents
9Notice of application for leave to appeal is sufficient notice of appeal
10Mode of bringing appeal and effecting service
11Application for extension of time
12Form must be treated as application for extension of time if notice given out of time
13Complaint against trial counsel
14Fresh evidence
15Deponent may be required to give evidence orally
16Disparity of sentences
17Documents required for general appeals and appeals by Director of Military Prosecutions against sentence
18Documents required for other appeals
19Documents required for extension of time
20Judge Advocate General may direct delivery of documents, etc
21Court may request Court Martial to provide report
22Examination of witnesses otherwise than before court
23Registrar may issue witness subpoenas
24Authorities bundles
25Registrar to give parties notice of fixture for oral appeals
26Timing of submissions on merits
27Right of reply at oral hearing
28Period allowed for making written submissions on merits: submissions by appellant
29Period allowed for making submissions on merits: respondent’s submissions and submissions in reply
30Timing of appeal on papers
31Panel for appeal on papers
32Delivery of judgments
33Refusal of 1 Judge to exercise certain powers of court
34Judges to be identified
35Abandonment of appeal
36Persons to be heard by court before restitution order annulled or varied
37Order for compensation
38Order for restitution
39Successful appellant entitled to return of amount paid towards fine
40Security of documents, etc
41Special commissioner
42Presiding Judge
43Right to be present
44Right of audience
45Register must be kept
46Mode of giving notice to court
47Mode of giving notice to parties
48Court order may enforce rules
49Effect of non-compliance with rules
50Cases not provided for in rules
51Power to extend or shorten time appointed by rules or fixed by order
52Correction of accidental slip or omission
53Form of warrant to arrest appellant absconding or breaching bail condition
54Revocation and saving
Gazette Information
Reprint notes