Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

70: Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act

You could also call this:

"Using jury trial rules in Court Martial cases"

When you are in a Court Martial, some rules from the Evidence Act 2006 apply. These rules are the ones that usually apply to trials with a jury. They are used in a way that makes sense for a Court Martial. The rules that apply include some specific sections of the Evidence Act 2006, such as sections about what evidence can be used. You can find these sections on the New Zealand legislation website. Some sections of the Evidence Act 2006 do not apply, like sections 101 and 128.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002025.

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

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69: Proceedings not invalid for want of form, etc, or

"Mistakes in the process don't make Court Martial proceedings invalid."

71: Evidence in proceedings under this Act or 1971 Act, or

"Rules for Evidence in a Court Martial"

Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

70Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act

The provisions of the Evidence Act 2006 that relate to a trial before a jury apply, to the extent that they are applicable and subject to all necessary modifications, to proceedings of the Court Martial under this Act or the 1971 Act that involve military members as if those proceedings were proceedings that involve a jury.
The provisions of the Evidence Act 2006 referred to in subsection (1)—
include sections 32(2)(b), 45(3)(e) and (f), 76, 82, 83(1), 98(5)(a), 105(1)(b), 109(2) and (3), 121(2), and 122 to 127; but
do not include sections 101 and 128.