Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

71: Evidence in proceedings under this Act or 1971 Act

You could also call this:

"Rules for Evidence in a Court Martial"

When you are in a Court Martial, the same rules for evidence apply as in the High Court for criminal cases. This includes rules from the Evidence Act 2006 and other laws about evidence. You do not have to answer questions or show documents that you would not have to in the High Court. In the Court Martial, you have the same rights as you would in the High Court. The rules of evidence are the same, so you are protected in the same way. This means you do not have to say or show anything that you would not have to in the High Court. There are some exceptions to this rule, which are explained in sections 72 to 74. These sections might change how the rules of evidence work in your case. You should look at these sections to understand how they apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002026.

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

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

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

"Using jury trial rules in Court Martial cases"

72: Limits on application of section 71: evidence of general matters, or

"What evidence can be used in court to prove something is true"

Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

71Evidence in proceedings under this Act or 1971 Act

The rules of evidence that apply in the High Court for criminal proceedings (including the rules of evidence contained in the Evidence Act 2006 and in any other enactment containing any rule of evidence) are the rules of evidence to be followed in proceedings of the Court Martial.
Accordingly, a person is not required to answer any question or to produce any document in proceedings of the Court Martial that he or she could not be required to answer or produce in criminal proceedings before the High Court.
This section is subject to sections 72 to 74.