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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Rights under New Zealand Bill of Rights Act 1990

117ZB: Accused deemed to have waived certain rights in certain circumstances

You could also call this:

"Giving up some rights when accused of something"

Illustration for Armed Forces Discipline Act 1971

If you are accused of something, you have certain rights. You can choose how your case is handled. If you make a choice under section 117D or section 117M, you might give up some of those rights. You might give up the right to a lawyer, which is part of section 24(c) of the New Zealand Bill of Rights Act 1990. You might also give up the right to a hearing by an independent court, which is part of section 25(a) of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096976.

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Part 5Investigation and summary trial of charges
Miscellaneous matters: Rights under New Zealand Bill of Rights Act 1990

117ZBAccused deemed to have waived certain rights in certain circumstances

  1. An accused is deemed to have irrevocably waived, in relation to a charge, the rights referred to in subsection (2) if, having been given the right to an election under—

  2. section 117D, the accused elects—
    1. for the commanding officer, detachment commander, or superior commander to proceed under subpart 4; or
      1. trial by the Court Martial, but withdraws his or her election in the prescribed manner:
      2. section 117M, the accused elects—
        1. summary trial by the disciplinary officer; or
          1. trial by the Court Martial, but withdraws his or her election in the prescribed manner.

          2. The rights are—

          3. the right that the accused had or has under section 24(c) of the New Zealand Bill of Rights Act 1990 to the extent that it relates to the right to legal representation; and
            1. the right that the accused had or has under section 25(a) of that Act to the extent that it relates to the right to a hearing by an independent court.

              Notes
              • Section 117ZB: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).