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)
Habeas Corpus Act 2001 (2001 No 31)
(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)
(b)
section 68 of the Court Martial Act 2007; or
Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)
Court means—
(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)
(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”
.
(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.
(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 “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)
(ba)
the Chief Judge of the Court Martial and the other Judges of the Court Martial; and
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”
.