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Court Martial Act 2007

Preliminary provisions relating to Court Martial - Constitution of Court Martial for proceedings - Assignment of military members of Court Martial

24: Registrar must consider other factors in assigning military members

You could also call this:

"The Registrar picks fair military members for a Court Martial, considering your rank and job."

Illustration for Court Martial Act 2007

When you are in a Court Martial, the Registrar chooses military members to be part of it. If you are an officer, the Registrar must choose 5 officers if it's a serious offence, or 3 officers for other cases. The Registrar considers your rank and the seriousness of the charge when choosing members. If you are a rating, soldier, or aviator, the Registrar may choose different combinations of officers and warrant officers. They must choose members whose ranks reflect your seniority and the seriousness of the charge. The Registrar also tries to choose at least one member from the same part of the Navy, Army, or Air Force as you. The Registrar cannot choose all officers or warrant officers from the same ship or unit as you. They want to make sure the members are fair and not all from the same place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001954.

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"Who can't be on a Court Martial panel"

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Part 1Preliminary provisions relating to Court Martial
Constitution of Court Martial for proceedings: Assignment of military members of Court Martial

24Registrar must consider other factors in assigning military members

  1. In any proceedings in the Court Martial where the accused is an officer, the Registrar must assign—

  2. 5 officers to be military members if the proceedings relate to a serious offence; or
    1. 3 officers to be military members in any other case.

      1. In any proceedings in the Court Martial where the accused is a rating, soldier, or aviator, the Registrar may assign—

      2. any of the following to be military members if the proceedings relate to a serious offence:
        1. 5 officers; or
          1. 4 officers and 1 warrant officer; or
            1. 3 officers and 2 warrant officers; or
            2. either of the following to be military members in any other case:
              1. 3 officers; or
                1. 2 officers and 1 warrant officer.

                2. Unless the Registrar is of the opinion that it is not reasonably practicable to do so, the Registrar—

                3. must assign military members whose ranks reflect—
                  1. the seniority of the accused; and
                    1. the seriousness of the charge against the accused; and
                    2. must assign at least 1 military member who belongs to the same component of the Navy, Army, or Air Force, as the case may be, as the accused; and
                      1. must not assign officers or warrant officers who are all—
                        1. from the same ship or unit as the accused; or
                          1. from 1 ship or unit.

                          Notes
                          • Section 24(2): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).