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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Assignment of defending and presenting officers

115: Assignment of presenting officer

You could also call this:

"Who presents the case against you in a defence force discipline matter"

Illustration for Armed Forces Discipline Act 1971

When you are accused of something under this Part, a disciplinary officer must make sure a presenting officer is assigned. This presenting officer will gather evidence to support the charge against you. They will also present this evidence to the disciplinary officer. The presenting officer must have a special certificate that says they are competent to do this job, as decided by the Chief of Defence Force. They cannot be a lawyer. The disciplinary officer can change the presenting officer at any time if they think it is necessary. You can find more information about the law that was used to make this rule by looking at the Armed Forces Discipline Amendment Act (No 2) 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403421.

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Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Assignment of defending and presenting officers

115Assignment of presenting officer

  1. If an accused is brought before a disciplinary officer under this Part, that officer must ensure that a presenting officer is assigned to—

  2. assemble the evidence in support of the charge; and
    1. present the case in support of the charge, to the extent required by the disciplinary officer.

      1. The officer or non-commissioned officer assigned to act as presenting officer—

      2. must hold an appropriate certificate of competency, as prescribed by the Chief of Defence Force; and
        1. must not be a lawyer.

          1. The officer or non-commissioned officer assigned as presenting officer may be changed at any time by the disciplinary officer if the disciplinary officer considers that it is necessary or desirable to do so.

          Notes
          • Section 115: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).