Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Referral of charges

117ZI: Director of Military Prosecutions may lay charge before Court Martial

You could also call this:

"The Director of Military Prosecutions can send a charge to the Court Martial."

Illustration for Armed Forces Discipline Act 1971

You can have a charge sent to the Court Martial if it is referred to the Director of Military Prosecutions. The Director of Military Prosecutions can then lay the charge before the Registrar of the Court Martial. If you pleaded guilty under section 116 to a charge, the Court Martial must not consider that plea when deciding the charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096985.

This page was last updated on 1 January 2026 — View changes

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117ZH: Reference back of charge by Director of Military Prosecutions, or

"The Director of Military Prosecutions can send a charge back to a disciplinary officer to decide what to do next."

117ZIA: Director to determine whether offence is specified offence, or

"The Director decides if a crime is serious enough to have special rules."

Part 5Investigation and summary trial of charges
Miscellaneous matters: Referral of charges

117ZIDirector of Military Prosecutions may lay charge before Court Martial

If a charge is referred to the Director of Military Prosecutions under this Part, he or she may lay the charge before the Registrar of the Court Martial.
If the accused pleaded guilty under section 116 in relation to a charge referred to the Director of Military Prosecutions under this Part, that plea must not be taken into account by the Court Martial when making a finding on the charge.

Notes

Section 117ZI: inserted, on 1 July 2009, by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).