Armed Forces Discipline Act 1971

Miscellaneous provisions - Judge Advocate General

203A: Deputy Judge Advocate General

You could also call this:

"The Deputy Judge Advocate General helps the Judge Advocate General with law jobs in the Armed Forces."

Illustration for Armed Forces Discipline Act 1971

The Governor-General can appoint a barrister or solicitor to be the Deputy Judge Advocate General of the Armed Forces. You need to have been a barrister or solicitor for at least 7 years to get this job. The Deputy Judge Advocate General can only be removed from their job in accordance with section 16 of the Court Martial Act 2007. The Deputy Judge Advocate General has to retire when they turn 70 years old. They can do some of the jobs of the Judge Advocate General if the Judge Advocate General asks them to. The Judge Advocate General can still do their jobs even if they ask the Deputy Judge Advocate General to do them. If the Judge Advocate General is not able to do their job, the Deputy Judge Advocate General can do all of their jobs. If the Deputy Judge Advocate General does one of the Judge Advocate General's jobs, it means they are allowed to do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404211.

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Part 11Miscellaneous provisions
Judge Advocate General

203ADeputy Judge Advocate General

  1. The Governor-General may from time to time by warrant appoint a barrister or solicitor of the High Court who has held a practising certificate for not less than 7 years, whether or not the person holds or has held any judicial office, to be Deputy Judge Advocate General of the Armed Forces.

  2. The Deputy Judge Advocate General may not be removed from office except in accordance with section 16 of the Court Martial Act 2007; and that section applies accordingly with any necessary modifications.

  3. The Deputy Judge Advocate General must retire from office on attaining the age of 70 years.

  4. The Deputy Judge Advocate General shall have and may exercise such of the powers, duties, and functions of the Judge Advocate General as the Judge Advocate General may from time to time delegate to the Deputy Judge Advocate General, but no such delegation shall prevent the exercise of any power, duty, or function by the Judge Advocate General.

  5. On the occurrence from any cause of a vacancy in the office of Judge Advocate General, and in the case of the absence from duty of the Judge Advocate General (from whatever cause arising), and for so long as any such vacancy or absence continues, the Deputy Judge Advocate General shall have and may exercise all the powers, duties, and functions of the Judge Advocate General.

  6. The fact that the Deputy Judge Advocate General exercises any power, duty, or function of the Judge Advocate General shall be conclusive evidence of the Deputy Judge Advocate General’s authority to do so.

Notes
  • Section 203A: inserted, on , by section 2 of the Armed Forces Discipline Amendment Act (No 2) 1988 (1988 No 176).
  • Section 203A(2): substituted, on , by section 72 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 203A(2A): inserted, on , by section 72 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).