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Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

200I: Attendance of witnesses

You could also call this:

"Being called to court to give evidence as a witness"

Illustration for Armed Forces Discipline Act 1971

You can be asked to attend a court of inquiry as a witness. The president of the court can ask you to come by giving you an order or a summons. If you are in the Armed Forces, the president can give you a direct order. You might get a summons if you are not in the Armed Forces. The summons must be in a special form decided by the Chief of Defence Force. It must be given to you in a certain way, like in person, left at your home, or sent by registered mail. The president can ask anyone to come and give evidence at the court. But this is subject to what is said in section 200N.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105131.

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Part 11Miscellaneous provisions
Courts of inquiry

200IAttendance of witnesses

  1. The president may direct a witness to attend before the court—

  2. by an order given by the president, if the witness is subject to this Act; or
    1. by a summons signed by the president, if the witness is not subject to this Act.

      1. Every summons to a witness issued under subsection (1)(b) must—

      2. be in the form prescribed by the Chief of Defence Force; and
        1. be served on the witness in one of the following ways:
          1. by being delivered to the witness personally, or by being brought to his or her notice if he or she refuses to accept it:
            1. by being left for the witness with some other person at the witness’s usual place of residence at least 24 hours before his or her attendance is required:
              1. by being sent to the witness by registered letter addressed to the witness’s last known or usual place of residence or place of business.

              2. The president may order or summon any person whom the court thinks fit to attend to give evidence before the court.

              3. Subsection (3) is subject to section 200N.

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