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Court Martial Act 2007

Preliminary provisions relating to Court Martial - Duties of members of Court Martial - Duties of military members

32: Failure to attend Court Martial is contempt of court

You could also call this:

"Not going to Court Martial without a good reason can get you in trouble"

Illustration for Court Martial Act 2007

You are a military member and you have to go to the Court Martial. If you do not go without a good reason, you can be in trouble for contempt of court. You have to attend all the court meetings and do your job as a court member. If you are a court member, your job starts when you get a written notice as stated in section 26(1)(a) or 27(4)(b)(i). Your job ends when you leave the court because of an objection under section 27, or when you are released from the court as stated in section 48. You can also be discharged by the Judge when the court case is finished. If someone says you did not do your job, the Judge has to look into it. The Judge can find you guilty after hearing from witnesses and your defence. If you are found guilty, you can go to prison for up to 21 days or pay a fine of up to $1,000. When you are found guilty, you are treated as if you left the court on that day. This means you are no longer a court member from that day on. You have to follow the rules of the Court Martial and do your job as a military member.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001966.

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Part 1Preliminary provisions relating to Court Martial
Duties of members of Court Martial: Duties of military members

32Failure to attend Court Martial is contempt of court

  1. A military member commits a contempt of the Court Martial if that person fails, without reasonable excuse, to—

  2. attend all the sittings of the court in respect of the proceedings for which the military member was assigned; and
    1. perform the functions or duties of a military member of the court during the period of that person's membership of the court.

      1. For the purposes of subsection (1), the period of a person's membership of the Court Martial—

      2. begins on the date on which the person receives the written notice referred to in section 26(1)(a) or 27(4)(b)(i), as the case may be; and
        1. ends on the date on which the person—
          1. retires from the court as a result of an objection under section 27; or
            1. is released from the court on the discharge of the military members under section 48; or
              1. is discharged by the Judge from his or her functions and duties as a military member on the completion of the proceedings concerned.

              2. If a military member is alleged to have committed a contempt of the Court Martial under subsection (1), the Judge—

              3. must inquire into the alleged contempt; and
                1. may find the military member guilty of the contempt after hearing—
                  1. any witness against or on behalf of the military member; and
                    1. any statement that may be offered in defence.

                    2. The penalty for contempt of the Court Martial under this section is imprisonment for a term not exceeding 21 days or a fine not exceeding $1,000.

                    3. To avoid doubt, a military member found guilty of contempt of the Court Martial under this section must be treated as if that person had retired from his or her membership of the court on the date of that finding.