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Armed Forces Discipline Act 1971

Reconsideration of sentences of imprisonment or detention

159: Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority

You could also call this:

"The Chief Judge can ask someone else to help choose a Judge for a special group."

Illustration for Armed Forces Discipline Act 1971

The Chief Judge can ask the Registrar of the Court Martial to do their job of appointing a Judge to the Authority. You can find more information about this job in section 151(2)(a). The Chief Judge must write down if they ask the Registrar to do this job. The Chief Judge can add rules to this job and can take it back at any time by writing it down. This does not stop the Chief Judge from doing their own job. The Registrar of the Court Martial can do the job in the same way as the Chief Judge. If the Registrar is doing the job, you can assume they are doing it correctly unless there is evidence to say otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403682.

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Part 8Reconsideration of sentences of imprisonment or detention

159Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority

  1. The Chief Judge may, either generally or particularly, delegate to the Registrar of the Court Martial the Chief Judge’s duty under section 151(2)(a) to appoint a Judge to the Authority.

  2. A delegation—

  3. must be in writing; and
    1. may be made subject to any restrictions that the Chief Judge thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Chief Judge.

          1. The Registrar of the Court Martial may perform any duties delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

          2. If the Registrar of the Court Martial appears to act under subsection (1), he or she is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary.

          Notes
          • Section 159: substituted, on , by section 44 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).