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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Special reference by Judge Advocate General

129: Special references to Summary Appeal Court

You could also call this:

"Asking the Judge to Reconsider a Decision"

Illustration for Armed Forces Discipline Act 1971

You can ask the Judge Advocate General to look at some things again. The Judge Advocate General can send a case to the Summary Appeal Court if they think it is fair. They can look at things like if someone is guilty, their punishment, or an order to pay compensation. You are treated as if you are appealing when the Judge Advocate General sends a case to the Summary Appeal Court. The Judge Advocate General must send the case to the Registrar and explain why they are sending it. They must also say what the case is about and give any other necessary information. If you have been found guilty of something, you or someone else can ask the Judge Advocate General to send your case to the Summary Appeal Court. You must ask in the correct way and the Judge Advocate General will decide what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098429.

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Part 5ASummary Appeal Court of New Zealand
Special reference by Judge Advocate General

129Special references to Summary Appeal Court

  1. The Judge Advocate General may refer 1 or more of the following matters to the Summary Appeal Court if the Judge Advocate General considers that it is in the interests of justice or discipline to do so:

  2. a finding of guilty by a disciplinary officer:
    1. the punishment, or the combination of punishments, imposed in relation to a finding of guilty by a disciplinary officer:
      1. an order of compensation or restitution (or both) made in relation to a finding of guilty by a disciplinary officer:
        1. an order made under section 117T.

          1. For the purposes of this Part, a referral under this section must, with all necessary modifications, be treated as an appeal by the person found guilty of the offence.

          2. A reference under this section must—

          3. be lodged with the Registrar; and
            1. specify the finding, punishment, combination of punishments, or order concerned; and
              1. specify the reasons for the reference in sufficient detail to fully inform the Summary Appeal Court of the issues in the appeal; and
                1. specify any other particulars that are prescribed by the rules of procedure for the purposes of this section.

                  1. If a person has been found guilty of an offence by a disciplinary officer, any person (including the person found guilty) may, in the prescribed manner, petition the Judge Advocate General to refer to the Summary Appeal Court under this section 1 or more of the matters referred to in subsection (1)(a) to (d).

                  Notes
                  • Section 129: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).