Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You are affected by an inquiry and you want to call a witness. The president must help get the witness to attend, unless it's not possible. If it's not possible, the president notes this in the record. You ask for a witness to attend, but the court thinks it's not necessary. The Crown may charge you for the cost of getting the witness to attend. You will have to pay this cost as a debt. If you want to call a witness under section 200N(2)(d), the president helps you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105138.

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Part 11Miscellaneous provisions
Courts of inquiry

200PWhat happens if person affected by inquiry wishes to call witness

  1. If the person who is affected or is likely to be affected by an inquiry wishes to call a witness to give evidence under section 200N(2)(d), the president must take the necessary steps under the rules of procedure to secure the attendance of the witness, unless it is impracticable to do so.

  2. If it is impracticable to secure the attendance of a witness, the president must note that fact in the record of proceedings.

  3. Despite subsection (1), if the attendance of a witness is requested by the person affected or likely to be affected and the court of inquiry is satisfied that the attendance of that witness is not properly required by that person, any cost incurred by the Crown in procuring the attendance of the witness may be charged to, and recovered as a debt due by, the person affected or likely to be affected.

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