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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Other miscellaneous matters

117ZP: Construction of charges

You could also call this:

"Understanding a Charge: Reading Between the Lines"

Illustration for Armed Forces Discipline Act 1971

When you look at a charge sheet or a charge, you must assume everything that can reasonably be implied is included, even if it is not written down. You read the statement of the alleged offence and the details of what happened together to understand the charge. This helps you make sense of the charge and what it is about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096995.

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"People in charge can make rules or give instructions to keep everyone safe and fair."

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"What happens when a disciplinary officer can't finish dealing with a charge"

Part 5Investigation and summary trial of charges
Miscellaneous matters: Other miscellaneous matters

117ZPConstruction of charges

  1. In the construction of a charge sheet or charge there must be presumed in favour of supporting it every proposition that may reasonably be presumed to be impliedly included, though not expressed in it.

  2. In respect of a charge, the statement of the alleged offence and the statement of the particulars of every act or omission constituting the alleged offence must be read and construed together.

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