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Armed Forces Discipline Act 1971

Director of Military Prosecutions

101I: Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command

You could also call this:

"The Director of Military Prosecutions works independently, making decisions without being controlled by others."

Illustration for Armed Forces Discipline Act 1971

You are the Director of Military Prosecutions. You do things and make decisions on your own. You are not controlled by the Minister or any other officer. This means you can work independently, even if other laws like sections 7 and 8 of the Defence Act 1990 say something different. You still follow the normal command rules for things not related to your main job, which is described in section 101F. This helps clarify your role and responsibilities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096081.

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101H: Power of Director of Military Prosecutions to stay proceedings, or

"The Director can stop a court case against someone and must explain why."

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101J: Director of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers, or

"The Director of Military Prosecutions must write a yearly report to the Attorney-General."

Part 4ADirector of Military Prosecutions

101IDirector of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command

  1. In performing his or her functions and duties, and exercising his or her powers, the Director of Military Prosecutions is not subject to—

  2. the control of the Minister; or
    1. the command of any other officer.

      1. Subsection (1) applies despite sections 7 and 8 of the Defence Act 1990.

      2. To avoid doubt, subsection (1) does not limit or affect the command relationship that exists between the Director of Military Prosecutions and any member of the Armed Forces in respect of any of the Director’s functions and duties other than those that are specified in section 101F.

      Notes
      • Section 101I: inserted, on , by section 36 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).