Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

76: Evidence of proceedings of Court Martial

You could also call this:

"Using Court Martial records as evidence in court"

You can use a record of Court Martial proceedings as evidence in court. This record must be signed by the Judge and kept by the Judge Advocate General or someone else who is allowed to have it. When this record is produced in court, it can be used as evidence. You can also use a copy of the record as evidence. This copy must be certified by the Judge Advocate General or someone else who is allowed to have the original record. The copy is used to prove what is in the original record. When you produce the copy in court, you do not need to prove that the Judge Advocate General or someone else actually signed it. The copy can be used in any court in New Zealand, for any proceedings under this Act or the 1971 Act. This helps make sure that the information in the record is accurate and can be trusted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002035.

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

Topics:

Crime and justice > Courts and legal help

75: Records of Court Martial proceedings, or

"Keeping Records of Court Martial Trials"

77: Seal of Court Martial, or

"The Court Martial's Official Seal"

Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

76Evidence of proceedings of Court Martial

Subsection (2) applies to every original record of any proceedings of the Court Martial that—
appears to have been signed by the Judge of the court for those proceedings; and
is in the custody of—
1. the Judge Advocate General; or
2. any person lawfully having custody of any original record.

On its being produced from the custody of a person referred to in subsection (1)(b), the original record to which this subsection applies is admissible in evidence in all proceedings under this Act or the 1971 Act and in all courts in New Zealand.
Subsection (4) applies to a document that appears—
to be a copy of the original record (including a transcript of an audio recording of the proceedings) of any proceedings of the Court Martial or of part of that record; and
to be certified by the Judge Advocate General, or by any person lawfully having custody of the original record, as being a true copy of that record or part of that record.

A document to which this subsection applies is admissible as evidence of the original record or part of the original record, as the case may be, in all proceedings under this Act or the 1971 Act and in all proceedings in civil courts in New Zealand on its being produced in those proceedings, without proof of the signature of the Judge Advocate General or other person lawfully having custody of the original record.