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Part 2Jurisdiction, procedures, and powers
Jurisdiction and sittings of Court Martial: Sittings of Court Martial

37Requirements for sittings of Court Martial

  1. The Court Martial—

  2. must sit in open court unless section 38 or 39 applies; and
    1. must sit in the presence of the accused; and
      1. may sit in any place, whether in New Zealand or elsewhere; and
        1. may conduct its proceedings by teleconference or by any means of communication that allows individuals a reasonable opportunity to participate in the proceedings.

          1. Despite subsection (1)(b), the Court Martial may sit in the absence of the accused if the accused misconducts himself or herself by so interrupting the proceedings as to render the continuation of those proceedings in his or her presence impracticable.

          2. Subsection (1)(b) and (d) are subject to the rules of procedure.

          3. A sitting of the Court Martial may be adjourned from time to time and from place to place.