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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Findings, etc, of courts-martial

135: Supplementary powers of Summary Appeal Court

You could also call this:

"Extra powers of the Summary Appeal Court to help make fair decisions"

Illustration for Armed Forces Discipline Act 1971

You can go to the Summary Appeal Court to appeal a decision. The court can ask the disciplinary officer for a report on the case. The report must say what the officer thinks about the case or a specific point in the case. You can also get a report that explains any facts that are not clear. The court can appoint a special expert to help make a decision. The court can issue warrants to make sure its orders are followed. The court has these powers to help it make a decision in your case, as seen in the Armed Forces Discipline Amendment Act (No 2) 2007. The court's powers help it to get the information it needs. This is so the court can make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098437.

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Part 5ASummary Appeal Court of New Zealand
Findings, etc, of courts-martial

135Supplementary powers of Summary Appeal Court

  1. For the purposes of any proceedings in the Summary Appeal Court, the court may—

  2. order that all necessary steps be taken to obtain from the disciplinary officer who tried, or otherwise dealt with, the charge against the appellant a report that—
    1. sets out the disciplinary officer’s opinion on the case or on any point arising in the case; or
      1. contains a statement of any facts that the court considers to be in need of clarification because they appear to the court to be material for the purpose of the determination of the case:
      2. appoint any person with special expert knowledge to act as an assessor to the court in any case if it appears to the court that special knowledge is required for the proper determination of the case:
        1. issue any warrants necessary for enforcing the orders of, or punishments imposed by, the court.

          Notes
          • Section 135: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).