Armed Forces Discipline Act 1971

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

117ZR: Objection relating to personal interest

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"What to do if the person deciding your case is biased against you"

Illustration for Armed Forces Discipline Act 1971

You are in a situation where you are accused of something and you think the person making decisions about your case is personally involved. You tell the disciplinary officer and they write it down. The disciplinary officer then decides if they are personally involved. If the disciplinary officer thinks they are personally involved, they cannot keep making decisions about your case. They must follow the rules in section 117ZQ. This means someone else will take over your case. But there are some exceptions to this rule, and the disciplinary officer will follow a different procedure if the law says so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096997.

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117ZQ: Replacement of disciplinary officer, or

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

118: Summary Appeal Court of New Zealand established, or

"A New Zealand court that makes important decisions and has special powers"

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

117ZRObjection relating to personal interest

If an accused, during the proceedings before a disciplinary officer, raises an objection that the disciplinary officer is personally interested in the charge, the disciplinary officer must ensure that the objection is recorded in the record of proceedings.
If, after an objection is made under subsection (1), a disciplinary officer considers that he or she is personally interested in the charge,—
he or she must not continue to act as the disciplinary officer in relation to the charge; and
section 117ZQ applies.

However, subsection (2) does not apply if a provision of this Part provides for a different procedure to be followed in the event that a disciplinary officer considers that he or she is personally interested in a charge or is otherwise not empowered to act as a disciplinary officer in relation to a charge.

Notes

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