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Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - General powers

27: Chief of Defence Force must notify Inspector-General of courts of inquiry and civilian deaths and injuries

You could also call this:

"Defence Force Boss Must Tell Inspector-General About Certain Incidents"

Illustration for Inspector-General of Defence Act 2023

The Chief of Defence Force has to tell the Inspector-General about some things. You need to know that this includes any court of inquiry set up under the Armed Forces Discipline Act 1971. The Chief of Defence Force must also tell the Inspector-General why the court of inquiry was set up and what it is looking at. The Chief of Defence Force must tell the Inspector-General if the Defence Force causes or might have caused the death or injury of a civilian. You will be told the details of what happened and what the Defence Force found out about the incident. The Defence Force has to follow certain rules when responding to incidents. When we talk about a civilian, we mean someone who is not a soldier, as defined in the Geneva Conventions Act 1958. This is important because it helps us understand who is protected in a war. The Chief of Defence Force must follow these rules when telling the Inspector-General about incidents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS718284.

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Part 4Inspector-General’s powers to obtain information and assistance
General powers

27Chief of Defence Force must notify Inspector-General of courts of inquiry and civilian deaths and injuries

  1. The Chief of Defence Force must, as soon as practicable, notify the Inspector-General of—

  2. any court of inquiry assembled under the Armed Forces Discipline Act 1971; and
    1. the purpose for which the court of inquiry is assembled and its terms of reference.

      1. If the Defence Force causes or contributes to, or appears likely to have caused or contributed to, the death or injury of a civilian, the Chief of Defence Force must as soon as practicable notify the Inspector-General of—

      2. the details of the incident in which the death or injury occurred; and
        1. the findings of any Defence Force procedure for responding to the incident.

          1. In this section, civilian, in relation to death or injury in a situation of armed conflict, has the same meaning as in the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (see paragraph 1 of Article 50 of that Protocol, as set out in Schedule 5 of the Geneva Conventions Act 1958).