Court Martial Act 2007

Miscellaneous and administrative provisions - Administrative provisions - Delegation by Chief Judge

78: Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar

You could also call this:

"The Chief Judge can ask others to help with their work by giving them some jobs to do."

The Chief Judge can give some of their jobs to a Deputy Chief Judge or the Registrar. You can think of the Chief Judge as a boss who can ask others to help with their work. The Chief Judge can choose which jobs to give away and to whom. The Chief Judge can give jobs to a Deputy Chief Judge, but not the job of giving jobs to others. The Chief Judge can also give the Registrar the job of assigning a Judge for court proceedings, as stated in section 21(3). This means the Registrar can help decide which Judge will hear a case. When the Chief Judge gives a job to someone else, they must write it down. The Chief Judge can also say how the job should be done and can take the job back at any time. Just because the Chief Judge gives a job to someone else, it does not mean they cannot do the job themselves. If a Deputy Chief Judge or the Registrar is doing a job that was given to them, they can do it in the same way as the Chief Judge would. It is assumed they are doing the job correctly unless there is evidence to say otherwise. This means they have the power to make decisions and take actions as if the job was given to them directly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002040.

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

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77: Seal of Court Martial, or

"The Court Martial's Official Seal"

79: Appointment of Registrar, clerks, and other officers of Court Martial, or

"Who helps run the Court Martial and how are they chosen?"

Part 3Miscellaneous and administrative provisions
Administrative provisions: Delegation by Chief Judge

78Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar

The Chief Judge may, either generally or particularly, delegate—
to a Deputy Chief Judge any of the Chief Judge's functions, duties, and powers (except the power of delegation); or
to the Registrar the Chief Judge's duty under section 21(3) to assign a Judge for any proceedings of the court.

A delegation—
must be in writing; and
may be made subject to any restrictions that the Chief Judge thinks fit; and
is revocable at any time, in writing; and
does not prevent the performance or exercise of a function, duty, or power by the Chief Judge.

A Deputy Chief Judge or the Registrar may perform any functions, duties, or powers delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.
If a Deputy Chief Judge or the Registrar appears to act under subsection (1), that person is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary.