Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Right of appeal

127: Abandonment of appeal

You could also call this:

"Stopping an appeal: how to withdraw it"

Illustration for Armed Forces Discipline Act 1971

You can stop an appeal at any time after you have started it. You do this by giving the Registrar a notice that you want to abandon the appeal. The notice must be in a special form. If someone thinks you are insane, someone who represents you can give the notice instead. They must sign the notice on your behalf. The signature must be witnessed by a special kind of lawyer or an officer in the Armed Forces. The officer who witnesses the signature must be quite senior, like a lieutenant commander or higher.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098426.

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Crime and justice > Courts and legal help

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Part 5ASummary Appeal Court of New Zealand
Right of appeal

127Abandonment of appeal

An appellant may, at any time after he or she has lodged a notice of appeal, abandon the appeal by giving to the Registrar notice of abandonment in the prescribed form.
If it is contended on the appellant’s behalf that the appellant is insane, a notice of abandonment may be given and signed by the appellant’s representative.
The signature of the appellant or his or her representative to a notice of abandonment must be witnessed by a member of a specialist legal branch or corps in the Armed Forces, or the appellant’s commanding officer, or an officer not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force.

Notes

Section 127: substituted, on 1 July 2009, by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).