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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Establishment of Summary Appeal Court of New Zealand

122: Chief Judge may delegate to Registrar duty to assign Judges

You could also call this:

"The Chief Judge can ask the Registrar to help choose a Judge for a court case."

Illustration for Armed Forces Discipline Act 1971

The Chief Judge can ask the Registrar to help assign a Judge for a case in the Summary Appeal Court. You can read about this duty in section 120(1). The Chief Judge can give the Registrar this job for a specific case or for all cases. The Chief Judge must write down the job they are giving to the Registrar. The Chief Judge can also add some rules to this job. The Chief Judge can take back this job at any time by writing it down. If the Registrar is given this job, they can do it in the same way as the Chief Judge. If the Registrar does something, you can assume they are doing it correctly unless you have evidence that says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098419.

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Part 5ASummary Appeal Court of New Zealand
Establishment of Summary Appeal Court of New Zealand

122Chief Judge may delegate to Registrar duty to assign Judges

  1. The Chief Judge may, either generally or particularly, delegate to the Registrar the Chief Judge’s duty under section 120(1) to assign a Judge for any proceedings of the Summary Appeal Court.

  2. A delegation—

  3. must be in writing; and
    1. may be made subject to any restrictions that the Chief Judge thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Chief Judge.

          1. The Registrar may perform any duties delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

          2. If the Registrar appears to act under subsection (1), he or she is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary.

          Notes
          • Section 122: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).