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Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

200B: Composition of court of inquiry

You could also call this:

"A court of inquiry is a group of people who investigate something, led by an officer."

Illustration for Armed Forces Discipline Act 1971

A court of inquiry is a group of people who look into something. You need at least 2 members in this group. One of them must be an officer and the others can be officers, warrant officers, or members of the Civil Staff. The person in charge of setting up the court must choose one of the officers to be in charge of the court. This person in charge can also choose a lawyer to help the court, especially if someone's reputation might be affected or if the issue is complex.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105124.

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Crime and justice > Courts and legal help
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200A: Courts of inquiry may be assembled, or

"A court of inquiry can be set up to investigate and report on certain matters."

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200C: Order assembling court of inquiry, or

"Setting Up a Court to Investigate Something in the Defence Force"

Part 11Miscellaneous provisions
Courts of inquiry

200BComposition of court of inquiry

  1. A court of inquiry must consist of not less than 2 members, of whom at least 1 must be an officer and the other or others must be officers, warrant officers, or members of the Civil Staff (within the meaning of section 2(1) of the Defence Act 1990) of equivalent standing.

  2. The assembling authority must appoint one of the members who is an officer to be president of the court of inquiry.

  3. The assembling authority—

  4. may appoint an officer who is a barrister or solicitor of the High Court as counsel to assist the court; and
    1. must do so if the assembling authority considers that—
      1. the character or reputation of any person may be affected by the inquiry; or
        1. the inquiry is likely to involve complex or serious issues of fact or law, or both.

        2. A counsel appointed under subsection (3) is not a member of the court of inquiry, but may advise the court on questions of law and procedure and may ask questions of witnesses attending before the court for the purpose of assisting the court.

        Notes
        • Section 200B: inserted, on , by section 68 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).