Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

73: Limits on application of section 71: evidence of custody at police station

You could also call this:

"Rules for Using Police Station Records as Evidence"

You are a member of the Armed Forces. If you are arrested by the New Zealand Police or surrender to them, certain rules apply. When you are taken to a police station, a certificate can be used as evidence in court. This certificate says when and where you were arrested or surrendered. You might be taken to a police station in New Zealand or somewhere else. A certificate from the police station can be used to prove what happened. This certificate can also say what you were wearing when you were arrested or surrendered. The police officer in charge of the station signs the certificate. It is evidence of what is written on it. This means it can be used in court to prove what happened 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=DLM1002028.

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

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

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

74: Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave, or

"Rules for proof of surrender or arrest for desertion or absence without leave"

Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

73Limits on application of section 71: evidence of custody at police station

Despite section 71, subsections (2) and (3) apply with respect to evidence in all proceedings under this Act or the 1971 Act against a member of the Armed Forces who has been arrested by, or who has surrendered to, the New Zealand Police.
If the member has been taken to a police station in any place in New Zealand or elsewhere or has on surrender been taken into custody at any police station, then, for the purposes of any proceedings against that member, a certificate purporting to be signed by the member of the police in charge of that police station, and stating the fact, date, and place of the arrest or surrender, is evidence of the matters so stated.
Any certificate given under subsection (2) may include a statement as to whether, at the time of the arrest, or surrender, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.