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Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

200K: Collecting and recording of evidence

You could also call this:

"Gathering and writing down information to help find the truth"

Illustration for Armed Forces Discipline Act 1971

When you are in a court of inquiry, the court can use evidence that would not be allowed in a normal court. You should know that the court decides how important this evidence is. The court can ask a witness questions to check if they are telling the truth. The court must write down what each witness says, either in their own words or as questions and answers. You can read what you said and ask for corrections if needed. You must sign and initial the record of what you said, and initial each page. The court of inquiry has its own rules for collecting and recording evidence, as outlined in the Armed Forces Discipline Act 1971, which was amended by the Armed Forces Discipline Amendment Act (No 2) 2007. The court's rules are used to find out the truth. You have the right to check the record of your evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105133.

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Topics:
Crime and justice > Courts and legal help
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"Telling the Truth as a Witness"

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Part 11Miscellaneous provisions
Courts of inquiry

200KCollecting and recording of evidence

  1. A court of inquiry is not bound by the ordinary rules relating to the admissibility of evidence and may admit in evidence any matter of hearsay or any other matter that would not be admissible in a court of law.

  2. If a court of inquiry admits evidence of that kind, it is for the court to determine the weight to be attached to that evidence.

  3. A court of inquiry must put any questions to a witness that it considers desirable—

  4. to test the truth or accuracy of any evidence given by the witness; and
    1. to elicit any further information that may be necessary to determine the truth.

      1. A court of inquiry must record, or arrange to be recorded in writing, the evidence of every witness—

      2. in narrative form as nearly as possible in the words used; or
        1. if the court considers it expedient, in the form of questions and answers.

          1. Each witness may read over the record of his or her evidence and may ask that any necessary corrections be made to it.

          2. Each witness must initial all alterations and must then sign the record of his or her evidence at the end and initial each page of it.

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