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Armed Forces Discipline Act 1971

Director of Military Prosecutions

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

The Director of Military Prosecutions can give some of their jobs to another person. This person must be an officer and have been a barrister or solicitor for at least 7 years. The Director can give them some or all of their jobs, except the job of delegating jobs to others. You can think of the Director as a boss who can ask someone else to do some of their work. The person they ask must follow any rules the Director gives them. They can do the jobs in the same way as the Director, and it has the same effect as if the Director did it themselves. The Director can still do their own jobs, even if they ask someone else to do them. The Director is also still responsible for what the other person does, even if they are doing the Director's jobs. If someone appears to be doing a job that was given to them by the Director, you can assume they are doing it correctly, unless you can prove otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096084.

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

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

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102: Investigation of charges, or

"Looking into claims of wrongdoing in the Armed Forces"

Part 4ADirector of Military Prosecutions

101LDelegation of functions, duties, or powers of Director of Military Prosecutions

  1. The Director of Military Prosecutions may, in writing, either generally or particularly, delegate any of the functions, duties, and powers of the Director under this Act, except this power of delegation, to a person who—

  2. is an officer; and
    1. has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years.

      1. Subject to any general or special directions given or conditions imposed by the Director of Military Prosecutions, the person to whom any functions, duties, or powers are delegated under this section may perform and exercise them in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

      2. The power of the Director of Military Prosecutions to delegate under this section does not limit any power of delegation conferred on the Director by any other Act or prevent the Director delegating to any other person, under that power, any of the functions, duties, and powers of the Director under this Act.

      3. Every person who appears to be acting under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

      4. A delegation under this section does not—

      5. affect or prevent the exercise of any power or the performance of any function or duty by the Director of Military Prosecutions; or
        1. affect the responsibility of the Director of Military Prosecutions for the actions of any person acting under the delegation.

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