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Armed Forces Discipline Act 1971

Other provisions relating to proceedings generally - Rules of procedure

150: Rules of procedure

You could also call this:

"Rules for how the Armed Forces deal with charges and discipline"

Illustration for Armed Forces Discipline Act 1971

The Governor-General can make rules for the Armed Forces. You need to follow these rules when dealing with charges and disciplinary actions. The rules cover things like how charges are made and investigated. The Governor-General's rules can also say how disciplinary officers should work. You can find more information about disciplinary actions in Part 5. The rules can cover things like replacing a disciplinary officer if they cannot continue. The Governor-General's rules can say what advice must be given under section 117O. The rules can also cover things like withdrawing a choice for a trial by the Court Martial. You can find more information about the Court Martial in the Court Martial Act 2007. The rules can prescribe information and forms for the Armed Forces. The Chief of Defence Force can also prescribe this information. The rules can say how proceedings before disciplinary officers are recorded. The Governor-General's rules can cover things like disclosure to an accused person. The rules can also say how fees and expenses are paid to witnesses and interpreters. You can find more information about the procedure for the Summary Appeal Court and the Court Martial. The rules can cover things like new trials and pleas before the Court Martial. The Governor-General's rules can also cover things like amending a charge before the Court Martial. You can find more information about suspension of orders in section 87A(1). The rules can cover things like retention of property and payment of fees. The Governor-General's rules can also say how other matters are dealt with. The rules are secondary legislation, which means they are made under an Act of Parliament, and you can find more information about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403659.

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Part 7Other provisions relating to proceedings generally
Rules of procedure

150Rules of procedure

  1. The Governor-General may, by Order in Council, make rules of procedure for all or any of the following purposes:

  2. providing for the drawing of charges:
    1. providing for the procedures for bringing charges before disciplinary officers:
      1. providing for the manner in which charges brought before disciplinary officers are to be investigated or otherwise dealt with under Part 5:
        1. providing for the replacement of a disciplinary officer in the event of the officer being unable to continue to act:
          1. providing for the advice that must be given under section 117O:
            1. providing for the withdrawal of an election for trial by the Court Martial, including providing for when and how that withdrawal may be made and how that withdrawal must be dealt with:
              1. prescribing information, documents, and forms for the purposes of any provision of this Act, the rules of procedure, or the Court Martial Act 2007:
                1. authorising the Chief of Defence Force to prescribe the information, documents, and forms referred to in paragraph (g):
                  1. providing for the recording of proceedings before disciplinary officers (including providing for the authentication, storage, and control of, and access to, those records):
                    1. providing for adequate disclosure to be made to an accused or an appellant in connection with a proceeding before a military tribunal:
                      1. providing for the payment of fees, allowances, and expenses of witnesses and interpreters giving evidence before a military tribunal or a court of inquiry and prescribing the amount of the fees, allowances, and expenses payable or the method by which they are to be calculated:
                        1. providing for the procedure to be observed in proceedings before the Summary Appeal Court:
                          1. providing for the procedure to be observed in trials by the Court Martial:
                            1. providing for the recording of pleas in relation to charges before the Court Martial (including the recording of a plea of guilty before a Judge sitting alone) and the circumstances in which a plea may be accepted:
                              1. providing for the procedure to be observed in new trials by disciplinary officers or the Court Martial directed to be held under any provision of this Act or of the Court Martial Appeals Act 1953:
                                1. empowering the Director of Military Prosecutions, with the leave of a Judge, in such cases and to such extent as the rules specify, to amend a charge before the Court Martial:
                                  1. specifying any matter referred to in section 87A(1) in relation to the suspension of orders for compensation; and providing for the retention of deductions from pay made pursuant to any order for compensation while the order is suspended:
                                    1. specifying any matter referred to in section 87A(1) in relation to the suspension of orders for restitution and the suspension in certain cases of the provisions of section 152(1) of the Contract and Commercial Law Act 2017; and providing for the retention and safe custody of any property to which any order for restitution or those provisions apply while the order or the operation of those provisions is suspended:
                                        1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect, in relation to the investigation, trial, and punishment of offences against this Act.

                                          1. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                          Notes
                                          • Section 150(1): substituted, on , by section 43 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                                          • Section 150(1)(k): substituted, on , by section 9(1) of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).
                                          • Section 150(1)(r): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                                          • Section 150(1)(s): repealed, on , by section 9(2) of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).
                                          • Section 150(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).