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Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

75: Records of Court Martial proceedings

You could also call this:

"Keeping Records of Court Martial Trials"

Illustration for Court Martial Act 2007

You must give the Judge Advocate General the records of Court Martial proceedings as soon as possible after the trial. The Judge Advocate General tells you how to keep these records, including how long to keep them, which is at least 6 years. You can ask the Judge Advocate General for a copy of the record if you were tried by the Court Martial. You can ask for a copy of the record within 5 years after the trial if you are the person who was tried. If the person who was tried has died, their personal representative can ask for a copy within 12 months after their death. You must pay a fee if one is required. The Minister can stop the record from being given to you if it is necessary for security reasons. The Judge Advocate General decides who is a personal representative of a deceased person. A record of the proceedings includes any reconsideration of the sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002030.

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76: Evidence of proceedings of Court Martial, or

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Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

75Records of Court Martial proceedings

  1. A person who has custody of any record of the proceedings of the Court Martial held under this Act or the 1971 Act must deliver it as soon as practicable after the trial to the Judge Advocate General.

  2. The Judge Advocate General may give directions as to how the record must be kept (including directions as to how long it must be kept, which must be for a period of not less than 6 years from the conclusion of the trial).

  3. A person who has been tried by the Court Martial (person A), or if person A is dead, his or her personal representative (person B), is entitled to be supplied with a copy of the record of the proceedings of the court if person A or B—

  4. applies to the Judge Advocate General within,—
    1. in the case of person A, 5 years after the conclusion of the trial; or
      1. in the case of person B, 12 months after the death of person A; and
      2. pays the prescribed fee (if any).

        1. Despite subsection (3), if the Minister certifies that it is necessary for reasons of security that the record of the proceedings of the Court Martial, or any part of them, should not be disclosed, the Judge Advocate General may direct that an applicant for a copy of the record is not to be supplied with the record, or that part of the record, to which the certificate relates.

        2. In this section,—

          personal representative, in relation to deceased person A, means—

          1. person A's legal personal representative; or
            1. any other person whom the Judge Advocate General considers should, for the purposes of this section, be regarded as the personal representative of person A

              record of the proceedings of the Court Martial includes the record of any reconsideration of the sentence of the court.