Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

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

You could also call this:

"Your rights when an inquiry might affect you"

Illustration for Armed Forces Discipline Act 1971

You have rights if an inquiry might affect your character or reputation. The person in charge of the inquiry must tell you when and where it is happening. They must also give you a chance to exercise your rights. You can read or hear any evidence that has already been given. You can ask a witness to come back and answer your questions. You can be at the inquiry and ask questions to any witness who talks about you. You can give your own evidence or call a witness to help you. You can ask for time to get advice and you can have a lawyer if the person in charge says it is okay. If you do not want to use these rights, the person in charge will make a note of it. This does not apply to an inquiry under section 201 about a member of the Armed Forces who is absent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105136.

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200O: Matters president must take into account in determining whether person affected by inquiry may be legally represented, or

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Part 11Miscellaneous provisions
Courts of inquiry

200NRights of person who may be affected by inquiry

  1. If at any time it appears to an assembling authority or to a court of inquiry that an inquiry affects or is likely to affect the character or the reputation of any person (whether or not the person is subject to this Act), the president must—

  2. ensure that the person is given adequate notice of the time, place, date, and nature of the inquiry; and
    1. give the person a reasonable opportunity to exercise the rights set out in subsection (2).
      1. The rights referred to in subsection (1) are as follows:

      2. the person may read or have read or played back to him or her any evidence that has already been given:
        1. the person may require any witness who has already given evidence to be recalled to enable him or her to question the witness:
          1. the person may be present during the proceedings or the remainder of the proceedings (as the case may be) while the court is hearing evidence, and may question any witness who gives evidence that he or she considers affects his or her character or reputation:
            1. the person may give evidence himself or herself, or call any witness to give evidence, to rebut or explain any evidence that has been given that he or she considers affects his or her character or reputation:
              1. the person may seek and, if the exigencies of the case permit, must be granted an adjournment to enable him or her to obtain advice:
                1. the person may be legally represented at the inquiry if the president approves.
                  1. If the person notifies the court that he or she does not wish to exercise the rights set out in subsection (2), the president must note the record of proceedings to that effect.

                  2. This section does not apply to an inquiry under section 201 into the absence of a member of the Armed Forces.

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