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Court Martial Act 2007
Preliminary provisions relating to Court Martial
Preliminary
7: This Act binds the Crown

Part 1:
Preliminary provisions relating to Court Martial

Preliminary

3Purpose of this Act 4Overview of this Act 5Interpretation 6This Act to be read with 1971 Act 6ATransitional, savings, and related provisions 7This Act binds the Crown

Establishment of Court Martial

Court Martial established

8Court Martial of New Zealand established 9Court Martial must sit in divisions

Judges of Court Martial

10Judges of Court Martial 11Eligibility for appointment as Judge 12Appointment of Chief Judge 13Appointment of Deputy Chief Judges 14Appointment of other Judges 15Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges 16Protection of Judges against removal from office 17Judges must not hold other offices 18Judges to have immunities of High Court Judges 19Age of retirement 20Salaries and allowances of Judges

Constitution of Court Martial for proceedings

Composition of Court Martial

21Composition of Court Martial

Assignment of military members of Court Martial

22Qualifications for membership 23Disqualifications for membership 24Registrar must consider other factors in assigning military members 25Officers of other forces may be assigned as military members in certain circumstances 26Procedure for assigning military members 27Objections against assignment of person as military member 28Substitute military members

Duties of members of Court Martial

Part 2:
Jurisdiction, procedures, and powers

Jurisdiction and sittings of Court Martial

General jurisdiction

36Jurisdiction of Court Martial

Sittings of Court Martial

37Requirements for sittings of Court Martial 38When Court Martial must hold proceedings in closed court 39Judge may limit scope of open court 40Duration of order limiting scope of open court 41Application of section 42 42Special provisions in cases involving sexual violation

Procedures

43Preliminary procedure 44Judge may sit alone to rule on question of law or procedure 45Power to summon witnesses 46Service of summons 47Administration of oaths

Discharge of military members

48Discharge of military members

Bail

General

49Judge may grant bail pending trial 50Judge may grant bail pending appeal 51Time on bail pending appeal does not count as time served

Other provisions relating to bail

52Procedure for bail generally 53Issue of warrant to arrest person absconding or breaching bail condition 54Person arrested under warrant for absconding or breaching bail condition must be brought before Judge

Findings of Court Martial

Finding on charge

55Finding of Court Martial 56Power to convict of offence other than that charged 57Accused may be convicted of attempting to commit offence 58Accused may be convicted of corresponding offence 59Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge 60Recording of finding on alternative charges

Sentence of Court Martial

61Sentence of Court Martial 62Order to come up for sentence if called on 63Offender to come up for sentence 64Other offences may be taken into account in passing sentence 65Court Martial must adhere to sentencing guidelines

Announcement of finding and sentence

66Announcement of finding and sentence

Part 3:
Miscellaneous and administrative provisions

Miscellaneous provisions

Miscellaneous

67Court must take judicial notice of certain matters 68Defence of accused 69Proceedings not invalid for want of form, etc 70Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act 71Evidence in proceedings under this Act or 1971 Act 72Limits on application of section 71: evidence of general matters 73Limits on application of section 71: evidence of custody at police station 74Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave 75Records of Court Martial proceedings 76Evidence of proceedings of Court Martial

Administrative provisions

Seal

77Seal of Court Martial

Delegation by Chief Judge

78Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar

Appointment of Registrar, clerks, and other officers of Court Martial

79Appointment of Registrar, clerks, and other officers of Court Martial 80Registrar to be Inspector of Service Penal Establishments

Attendance of clerk, etc, at sittings of Court Martial

81Attendance of clerk, etc, at sitting of Court Martial

Delegation by Registrar

82Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial

Transitional provisions, repeal, and consequential amendments

Transitional provisions

83Transitional provision relating to Chief Judge 84What happens if court-martial has not yet been convened on commencement of this Act 85What happens if court-martial has been convened on commencement of this Act

Repeal

86Part 6 of 1971 Act repealed

Consequential amendments

87Consequential amendments to other enactments

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Alternative offences under 1971 Act of which accused may be convicted by Court Martial

Schedule 2:
Consequential amendments to other enactments

Summary of changes

Court Martial Act 2007

Preliminary provisions relating to Court Martial - Preliminary

7: This Act binds the Crown

You could also call this:

"The law applies to the government too"

This Act applies to the Crown. You need to know that the Crown is bound by this Act. The Act is like a rule that the Crown must follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001931.

This page was last updated on 12 December 2025 — View changes

Topics:

Government and voting > Government departments

6A: Transitional, savings, and related provisions, or

"Rules to help change to the new law work smoothly"

8: Court Martial of New Zealand established, or

"New Zealand has a special court called the Court Martial."

Part 1Preliminary provisions relating to Court Martial
Preliminary

7This Act binds the Crown

This Act binds the Crown.