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Court Martial Act 2007

Consequential amendments

Schedule 2: Consequential amendments to other enactments

You could also call this:

"Changes to other laws to fit with the Court Martial Act 2007"

Illustration for Court Martial Act 2007

You are looking at a part of a law called the Court Martial Act 2007. This part is about making changes to other laws. It is called Consequential amendments to other enactments. You will see many changes to words and sentences in other laws. These changes are to make sure the laws work well with the Court Martial Act 2007. For example, "court-martial" is changed to "Court Martial" in many places. Some laws are changed to include the Court Martial of New Zealand. This is a special court that deals with military cases. The changes make sure the Court Martial is treated the same as other courts in New Zealand. There are also changes to regulations, which are like rules. These changes make sure the regulations work well with the Court Martial Act 2007. They change words and sentences to match the changes made to other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002059.

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Topics:
Crime and justice > Courts and legal help
Previous

Schedule 1: Alternative offences under 1971 Act of which accused may be convicted by Court Martial, or

"Other crimes you can be found guilty of if charged with something similar"

2Consequential amendments to other enactments Empowered by s 87

Part 1Amendments to other Acts

Paragraph (g) of the definition of attendance for judicial purposes in section 3(1): repeal.

Paragraph (b) of the definition of legal adviser in section 3(1): omit at a court-martial and substitute in the Court Martial.

Section 9(b): omit any Court Martial and substitute the Court Martial.

Paragraph (d) of definition of National Preventive Mechanism in section 16: repeal and substitute:

  • the Registrar of the Court Martial of New Zealand appointed under section 79 of the Court Martial Act 2007:

      1. Definition of Court in Part 3 of Schedule 1: omit a court martial and substitute the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007.

      Item (8) in Part 4 of the Schedule: repeal and substitute:

    1. the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007:

        1. Definition of Court in section 2(1): repeal.

        Section 3(8): repeal.

        Section 14(2)(a): repeal and substitute:

      1. a conviction of an offence by a court of competent jurisdiction, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, or a disciplinary officer acting under Part 5 of the Armed Forces Discipline Act 1971; or

          1. Section 58D(4)(c): omit Courts in each place where it appears and substitute in each case Court.

          Definition of Head of Bench in section 5: insert after paragraph (d):

        1. in relation to the Court Martial, the Judge Advocate General:

            1. Paragraph (e) of the definition of Head of Bench in section 5: omit Courts and substitute Court.

            Paragraph (a) of the definition of Judge in section 5: insert the following subparagraph after subparagraph (iv):

          1. a Judge of the Court Martial; or

              1. Section 47(b): repeal and substitute:

            1. section 68 of the Court Martial Act 2007; or

                1. Definition of Court in section 2(1): repeal and substitute:

                Court means—

                1. a District Court; or
                  1. as the case may be, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007 when acting under Part 10 of the Armed Forces Discipline Act 1971

                    Section 22(2): insert after paragraph (a):

                  2. in the case of a Judge of the Court Martial, by the Judge Advocate General or a Judge of the High Court:

                      1. Schedule 2: insert after the item relating to the Judges of the High Court:

                      The Judges of the Court Martial.

                      Section 4: insert in its appropriate alphabetical order:

                      Court Martial means the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007

                        Paragraph (a) of the definition of service prisoner in section 4: omit a court-martial and substitute the Court Martial.

                        Section 5(1) and (2): omit court-martial in each place where it appears and substitute in each case the Court Martial.

                        Heading to section 25: omit court-martial and substitute Court Martial.

                        Section 30(5): repeal and substitute:

                      1. However, the Chief District Court Judge must consult with the Judge Advocate General before designating a Tribunal under this section if a claim to which the designation relates involves an offender convicted by the Court Martial, or found guilty by a disciplinary officer, under the Armed Forces Discipline Act 1971.

                        2. Section 35(1)(a): repeal and substitute:

                      2. relate to criminal proceedings, proceedings of a disciplinary officer under the Armed Forces Discipline Act 1971, or proceedings of the Court Martial; and

                          1. Section 35(2)(c): omit court-martial and substitute Court Martial.

                          Section 35(2)(c): omit section 145 of the Armed Forces Discipline Act 1971 and substitute section 75 of the Court Martial Act 2007.

                          Heading to section 36: omit court-martial and substitute Court Martial.

                          Heading to section 37: omit court-martial and substitute Court Martial.

                          Section 12B(1): insert after paragraph (b):

                        1. the Chief Judge of the Court Martial and the other Judges of the Court Martial; and

                            1. Schedule 4: add the following item:

                            The Registrar of the Court Martial

                            Definition of New Zealand court in section 4: omit a court-martial constituted under Part 6 of the Armed Forces Discipline Act 1971, the Courts Martial Appeal Court constituted by the Courts Martial Appeals Act 1953 and substitute the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953.

                            Part 2Amendments to regulations

                            Regulation 191(2): omit section 166 and substitute Part 8.

                            Regulation 46(5): insert the before Court Martial.