Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Miscellaneous procedural provisions

141: Defence of appeals and representation of appellant

You could also call this:

"Defending appeals and getting a lawyer to represent you in court"

Illustration for Armed Forces Discipline Act 1971

You need to know that the Director of Military Prosecutions defends appeals to the Summary Appeal Court. When you appeal under this Part, you can have a lawyer represent you. The law about this was changed by the Armed Forces Discipline Amendment Act (No 2) 2007, which you can read more about at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1034210.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098446.

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140: Right of appellant to present his or her case in writing and restricted right of appellant to be present, or

"You can write to the court about your case and they can decide without you being there."


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142: Costs of appeal, or

"Who pays the costs when you appeal a decision?"

Part 5ASummary Appeal Court of New Zealand
Miscellaneous procedural provisions

141Defence of appeals and representation of appellant

  1. The Director of Military Prosecutions must undertake the defence of an appeal to the Summary Appeal Court.

  2. An appellant under this Part may be represented by a lawyer.

Notes
  • Section 141: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).