Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Evidence

117ZN: Disciplinary officers and Summary Appeal Court to take judicial notice of certain matters

You could also call this:

"Disciplinary officers must accept certain facts as true without proof when making decisions"

Illustration for Armed Forces Discipline Act 1971

You need to know that disciplinary officers and the Summary Appeal Court have to take judicial notice of certain things. They must take notice of matters that are common knowledge and things that the High Court would normally take notice of. You should understand that judicial notice means they accept something as true without needing proof. You are told that disciplinary officers can also take notice of things they know from their work in the service. This helps them make decisions in a disciplinary case. They use their general service knowledge to inform their decisions. The law says what disciplinary officers and the Summary Appeal Court must take notice of, and this is important for how they make decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096992.

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"Using written statements as evidence instead of speaking in person"


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

117ZNDisciplinary officers and Summary Appeal Court to take judicial notice of certain matters

  1. Every disciplinary officer and the Summary Appeal Court must take judicial notice of—

  2. all matters of common knowledge; and
    1. all other matters of which judicial notice would be taken by the High Court.
      1. The disciplinary officer may also take judicial notice of matters that may fairly be regarded as being within the general service knowledge of the disciplinary officer.

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