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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Right of appeal

125: Notice of appeal

You could also call this:

"Telling the Court You Want to Appeal a Decision"

Illustration for Armed Forces Discipline Act 1971

You need to lodge a notice of appeal with the Registrar to appeal under section 124. You must do this within the prescribed period or any further time the Summary Appeal Court allows. The notice of appeal must be in the prescribed form. You must specify the finding, punishment, or order you are appealing from and the grounds of appeal. You also need to include any other required particulars. If the Registrar's office is closed on the last day to lodge your notice, you can lodge it on the next open day. The prescribed period is 35 days if the charge is dealt with under Part 5 outside New Zealand, or 21 days if it is dealt with in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098423.

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Part 5ASummary Appeal Court of New Zealand
Right of appeal

125Notice of appeal

  1. An appeal under section 124 must be made by lodging a notice of appeal, in the prescribed form, with the Registrar within—

  2. the prescribed period; or
    1. any further time that the Summary Appeal Court may allow on application made before or after the expiration of that period.

      1. An application under subsection (1)(b) must—

      2. be in the prescribed form; and
        1. be lodged with the Registrar with the notice of appeal if made after the expiration of the prescribed period.

          1. Every notice of appeal must specify—

          2. the finding, punishment, combination of punishments, or order appealed from; and
            1. the grounds of appeal in sufficient detail to fully inform the Summary Appeal Court of the issues in the appeal; and
              1. any other particulars that are prescribed by the rules of procedure for the purposes of this section.

                1. If the time for lodging a notice of appeal with the Registrar expires on a day on which the office of the Registrar is closed, and by reason of that closure the notice cannot be lodged on that day, the notice is deemed to be lodged in time if it is lodged on the day on which the office is next open.

                2. In this section, prescribed period means—

                3. a period of 35 days commencing with the day after the day on which the finding of guilty by the disciplinary officer is recorded if the charge is tried summarily, or otherwise dealt with, under Part 5 outside New Zealand:
                  1. a period of 21 days commencing with the day after the day on which the finding of guilty by the disciplinary officer is recorded if the charge is tried summarily, or otherwise dealt with, under Part 5 in New Zealand.

                    Notes
                    • Section 125: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).