Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Other provisions relating to proceedings generally - Contempt

150F: District Court may deal with person who has committed contempt

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are not in the Armed Forces and you disobey a military tribunal or court of inquiry, they can take action against you. They can order a constable or someone else to remove you from the place where the proceedings are being held. You can also be arrested and taken to the District Court if the military tribunal or court of inquiry is in New Zealand. If you are taken to the District Court, the Judge will look into what you are alleged to have done. The Judge will listen to any witnesses and anything you want to say in your defence. Then the Judge can decide if you are guilty of disobeying the military tribunal or court of inquiry. If you are found guilty, you can be imprisoned for up to one month, or fined up to $1,000, or both.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098923.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyCrime and justice > Criminal law
Previous

150E: Contempt of military tribunal or court of inquiry, or

"Disrespecting a Military Tribunal or Court"

Next

150G: Contempt by counsel, or

"Lawyers who misbehave at military hearings can get in trouble"

Part 7Other provisions relating to proceedings generally
Contempt

150FDistrict Court may deal with person who has committed contempt

  1. This section applies if a military tribunal or court of inquiry considers that a person who is not subject to this Act has committed a contempt of the military tribunal or court of inquiry.

  2. The military tribunal or court of inquiry may order any constable or provost officer, or any person subject to this Act directed by that tribunal or court, to take either of the actions specified in subsection (3) against the person who is considered to be in contempt of that tribunal or court.

  3. The actions referred to in subsection (2) are—

  4. to remove the person from the place where the proceedings are being held and to prevent that person from re-entering that place until the military tribunal or court of inquiry has risen; or
    1. if the military tribunal or court of inquiry is held in New Zealand, to arrest the person and take him or her before the nearest office of the District Court.

      1. If a person alleged to have committed contempt of a military tribunal or court of inquiry is brought before the District Court under subsection (3)(b), the District Court Judge—

      2. must inquire into the alleged contempt; and
        1. may find the person guilty of the contempt after hearing—
          1. any witnesses against or on behalf of the person; and
            1. any statement that may be offered in defence.

            2. The penalty for contempt of a military tribunal or court of inquiry is imprisonment for a term not exceeding 1 month or a fine not exceeding $1,000, or both.

            Notes
            • Section 150F: inserted, on , by section 43 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 150F(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 150F(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).