Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

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

You could also call this:

"What the president considers when deciding if you can have a lawyer at a court inquiry"

Illustration for Armed Forces Discipline Act 1971

When you are part of a court inquiry, the president decides if you can have a lawyer. The president thinks about some important things to make this decision, like how serious the allegations are against you. They also think about whether legal questions will come up and if you can explain your side of the story. You might need a lawyer if the inquiry is complicated or if it needs to happen quickly. The president wants to make sure everything is fair for you and everyone else involved. They look at all these factors to decide if you should have a lawyer to help you. The president considers your ability to present your own case and any problems that might come up during the inquiry. They want to make sure you are treated fairly compared to others who might be involved in the court inquiry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105137.

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"Your rights when an inquiry might affect you"


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200P: What happens if person affected by inquiry wishes to call witness, or

"What happens if you want a witness at an inquiry?"

Part 11Miscellaneous provisions
Courts of inquiry

200OMatters president must take into account in determining whether person affected by inquiry may be legally represented

  1. For the purposes of section 200N(2)(f), the president must take into account the following matters in determining whether a person who is affected or is likely to be affected by an inquiry should be legally represented at the inquiry:

  2. the seriousness of any allegations made against, or any potential penalty that may be imposed on, that person:
    1. whether any questions of law are likely to arise:
      1. the capacity of that person to present his or her own case:
        1. any procedural difficulties that are likely to arise:
          1. the need for reasonable speed in completing the inquiry:
            1. the need for fairness as between that person and all persons who may appear before the court.
              Notes
              • Section 200O: inserted, on , by section 68 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).