Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

200M: Procedure if conduct of superior officer may be in question

You could also call this:

"What happens if a senior officer's behaviour is questioned during a court inquiry?"

Illustration for Armed Forces Discipline Act 1971

You are part of a court of inquiry. If it seems like a senior officer's conduct might be a problem, the president must stop the court and tell the assembling authority. The assembling authority will look at the problem and might stop the current court and start a new one, following the rules in section 200D. If the assembling authority does not stop the court, they will tell it to keep going, even if a senior officer's conduct is a problem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105135.

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200N: Rights of person who may be affected by inquiry, or

"Your rights when an inquiry might affect you"

Part 11Miscellaneous provisions
Courts of inquiry

200MProcedure if conduct of superior officer may be in question

  1. The president must adjourn the court of inquiry and report to the assembling authority if at any time it appears to the court that the conduct of an officer or a warrant officer who is senior or superior in rank to a member is, or is likely to be, called into question in the course of the inquiry.

  2. On receiving the president’s report, the assembling authority must consider the matter and, if satisfied that the conduct of the person is or is likely to be called into question, may dissolve the court and assemble a new court, having regard to the requirements of section 200D.

  3. If the assembling authority does not dissolve the court, the assembling authority must direct it to continue its inquiry even though the conduct of an officer or a warrant officer senior or superior in rank to a member is, or is likely to be, called into question.

  4. Subsection (3) does not affect the power of the president to make a further report under subsection (1) if the evidence justifies that course of action.

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