Armed Forces Discipline Act 1971

Other provisions relating to proceedings generally - Contempt

150G: Contempt by counsel

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are a lawyer and you behave badly at a military hearing, you can get in trouble. You must follow the rules that apply to military hearings, just like you would in the High Court. If you disobey these rules, you can be guilty of professional misconduct. If you keep disobeying the rules, you can be found guilty of contempt of the military tribunal or court of inquiry. You can be dealt with in the same way as someone who is alleged to have committed contempt under section 150E. This means you will face the same process as someone who has disrespected the military tribunal or court of inquiry. This rule does not change what is said in sections 150E and 150F. You still have to follow those rules as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098924.

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Part 7Other provisions relating to proceedings generally
Contempt

150GContempt by counsel

  1. If counsel appears at any hearing before a military tribunal or court of inquiry, the following provisions apply:

  2. any conduct of counsel that would be liable to censure or would constitute contempt of court if it took place before the High Court is similarly liable to censure by the military tribunal or court of inquiry or, as the case may be, similarly constitutes contempt of the military tribunal or court of inquiry:
    1. the rules of procedure and any rules prescribed for the guidance of counsel appearing before the military tribunal or court of inquiry are binding on counsel:
      1. counsel—
        1. is guilty of professional misconduct if he or she disobeys any of those rules; and
          1. commits a contempt of the military tribunal or court of inquiry if he or she perseveres in the disobedience:
          2. if counsel is alleged to have committed conduct liable to censure, or a contempt of the military tribunal or court of inquiry, he or she may be dealt with in the same manner as a person who is alleged to have committed a contempt of the military tribunal or court of inquiry under section 150E.
            1. This section does not limit sections 150E and 150F.

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