Armed Forces Discipline Act 1971

Director of Military Prosecutions

101K: Director of Military Prosecutions must act under general supervision of Solicitor-General

You could also call this:

"The Director of Military Prosecutions must follow the Solicitor-General's guidance."

Illustration for Armed Forces Discipline Act 1971

When you are the Director of Military Prosecutions, you must work under the general supervision of the Solicitor-General. You do this when you perform functions or duties given to you by the Armed Forces Discipline Act, the Court Martial Act 2007, or the Court Martial Appeals Act 1953. You work in the same way as a Crown Solicitor. You do not have to follow this rule if you think it would be inconsistent with any provisions of these Acts. The Acts include the Armed Forces Discipline Act, the Court Martial Act 2007, and the Court Martial Appeals Act 1953. You can find more information about these Acts on the New Zealand legislation website. You must consider the rules of the Armed Forces Discipline Act, the Court Martial Act 2007, and the Court Martial Appeals Act 1953 when making decisions. These rules help guide your work as the Director of Military Prosecutions. You work to ensure you are following the correct procedures.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096083.

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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."


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101L: Delegation of functions, duties, or powers of Director of Military Prosecutions, or

"The boss of military prosecutions can ask another officer to do some of their work."

Part 4ADirector of Military Prosecutions

101KDirector of Military Prosecutions must act under general supervision of Solicitor-General

  1. In performing functions or duties, or exercising powers, imposed or conferred by this Act, by the Court Martial Act 2007, or by the Court Martial Appeals Act 1953, the Director of Military Prosecutions must act under the general supervision of the Solicitor-General in the same manner and to the same extent as a Crown Solicitor.

  2. However, subsection (1) does not apply if the Director of Military Prosecutions considers that compliance with that subsection is or would be inconsistent with any provisions of this Act, the Court Martial Act 2007, or the Court Martial Appeals Act 1953.

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