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Armed Forces Discipline Act 1971

Other provisions relating to proceedings generally - Contempt

150E: Contempt of military tribunal or court of inquiry

You could also call this:

"Disrespecting a Military Tribunal or Court"

Illustration for Armed Forces Discipline Act 1971

You can commit a contempt of a military tribunal or court of inquiry if you do not follow the rules. You must comply with a summons or order to attend as a witness. You must also swear an oath when required and produce any papers or documents the tribunal or court of inquiry asks for. You must answer questions and follow orders given by the tribunal or court of inquiry. You must not publish statements that say the tribunal or court of inquiry is not acting fairly. You must not interfere with the proper administration of justice. You must not insult, threaten, or interfere with a disciplinary officer, a member of the court, a witness, or anyone else involved in the proceedings. You must not interrupt the proceedings or misbehave during the proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098922.

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150D: Service of summons, or

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

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"What happens if you disobey a military court or tribunal in New Zealand"

Part 7Other provisions relating to proceedings generally
Contempt

150EContempt of military tribunal or court of inquiry

  1. A person who is not subject to this Act commits a contempt of a military tribunal or court of inquiry if the person—

  2. fails without reasonable excuse to comply with a summons or order to attend as a witness before the military tribunal or court of inquiry; or
    1. refuses to swear an oath when required to do so by the military tribunal or court of inquiry; or
      1. refuses to produce any papers, documents, records, or things in that person’s possession or under that person’s control that the military tribunal or court of inquiry has lawfully required the person to produce; or
        1. being a witness, refuses to answer any question that the military tribunal or court of inquiry has lawfully required the person to answer; or
          1. disobeys or evades any order or direction made or given by the military tribunal or court of inquiry in the course of the hearing of any proceedings before it; or
            1. wilfully publishes any statement in respect of the proceedings of the military tribunal or court of inquiry that—
              1. without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or
                1. is likely to interfere with the proper administration of justice; or
                2. insults, threatens, or interferes with a disciplinary officer or any member of the Summary Appeal Court, the Court Martial, or the court of inquiry while the disciplinary officer or member is attending, or is on the way to or from, the proceedings before the disciplinary officer, the Summary Appeal Court, the Court Martial, or the court of inquiry; or
                  1. insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings of the military tribunal or court of inquiry while the witness or other person is attending, or is on the way to or from, the proceedings of the military tribunal or court of inquiry; or
                    1. interrupts the proceedings of the military tribunal or court of inquiry or otherwise misbehaves during the proceedings.

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