Court Martial Act 2007

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

27: Objections against assignment of person as military member

You could also call this:

"Objecting to a military member: saying no to someone being on a court"

Illustration for Court Martial Act 2007

You can object to a person being assigned as a military member. You might think they cannot act impartially or are not qualified under section 22. You must write down your objection and give a reason. If you object, the Registrar must consider it and decide what to do. The Registrar might assign a new person, called a substitute military member, according to sections 22 to 26 and 28. The Registrar will tell the new person, the person you objected to, you, and the Director of Military Prosecutions about the change. If the Registrar does not agree with your objection, the original person stays as a military member. The Registrar will tell them, you, and the Director of Military Prosecutions about the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001957.

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"Replacing a Military Member in a Court Martial"

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

27Objections against assignment of person as military member

  1. The accused or the Director of Military Prosecutions may object to the Registrar about the assignment of any person as a military member on the ground that the person—

  2. might not act, or is not in a position to act, impartially; or
    1. is not qualified to sit as a military member under section 22.
      1. An objection under subsection (1) must—

      2. be in writing; and
        1. specify the ground of the objection; and
          1. be made within the time prescribed in the rules of procedure; and
            1. be served on the Registrar.
              1. On receiving an objection made in accordance with subsection (2), the Registrar must—

              2. consider the objection; and
                1. decide whether to accept or reject the objection.
                  1. If the Registrar accepts the objection, the Registrar must—

                  2. assign another person (a substitute military member) in accordance with sections 22 to 26 and 28; and
                    1. give written notice of that assignment to—
                      1. the substitute military member; and
                        1. the person whose assignment was objected to (the impugned person); and
                          1. the accused; and
                            1. the Director of Military Prosecutions.
                            2. To avoid doubt, the impugned person must be treated as if that person had retired from the Court Martial on the date on which the notice under subsection (4)(b)(ii) is given.

                            3. If the Registrar rejects the objection,—

                            4. the impugned person is confirmed as a military member; and
                              1. the Registrar must give written notice of that fact to the impugned person, the accused, and the Director of Military Prosecutions.
                                Notes
                                • Section 27 heading: amended, on , by section 28(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                                • Section 27(1): amended, on , by section 28(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                                • Section 27(4)(b)(ii): amended, on , by section 28(3) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                                • Section 27(4)(b)(iii): amended, on , by section 28(4) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                                • Section 27(4)(b)(iv): inserted, on , by section 28(5) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                                • Section 27(6)(b): amended, on , by section 28(6) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).