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Armed Forces Discipline Act 1971

Other provisions relating to proceedings generally - Power to summon witnesses

150D: Service of summons

You could also call this:

"How to give a witness a summons to attend court"

Illustration for Armed Forces Discipline Act 1971

You can serve a summons to a witness in two ways. You can deliver it to the person summoned or post it by registered letter to their usual place of residence. The summons must be served before the witness is required to attend. You must serve the summons at least 24 hours before if you deliver it. If you post it, you must serve the summons at least 10 days before the witness is required to attend. If the summons is posted, it is deemed served when the letter would be delivered in the ordinary course of post. If a summons is posted by registered letter, it is considered served when it would normally be delivered. This is according to the rules for serving a summons under the Armed Forces Discipline Act 1971, which was amended by the Armed Forces Discipline Amendment Act (No 2) 2007. You need to follow these rules when serving a summons to a witness.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098920.

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Part 7Other provisions relating to proceedings generally
Power to summon witnesses

150DService of summons

  1. A summons to a witness may be served—

  2. by delivering it to the person summoned; or
    1. by posting it by registered letter addressed to the person summoned at that person’s usual place of residence.

      1. The summons must,—

      2. if it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required:
        1. if it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.

          1. If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)(b) to be served at the time when the letter would be delivered in the ordinary course of post.

          Notes
          • Section 150D: inserted, on , by section 43 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).