New Zealand Acts

COURT MARTIAL ACT 2007

- As at 27 November 2025
- Act 101 of 2007

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions relating to Court Martial

           SUBPART 1 - Preliminary

   3.      Purpose of this Act
   4.      Overview of this Act
   5.      Interpretation
   6.      This Act to be read with 1971 Act
   6A.     Transitional, savings, and related provisions
   7.      This Act binds the Crown

           SUBPART 2 - Establishment of Court Martial

   8.      Court Martial of New Zealand established
   9.      Court Martial must sit in divisions
   10.     Judges of Court Martial
   11.     Eligibility for appointment as Judge
   12.     Appointment of Chief Judge
   13.     Appointment of Deputy Chief Judges
   14.     Appointment of other Judges
   15.     Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges
   16.     Protection of Judges against removal from office
   17.     Judges must not hold other offices
   18.     Judges to have immunities of High Court Judges
   19.     Age of retirement
   20.     Salaries and allowances of Judges

           SUBPART 3 - Constitution of Court Martial for proceedings

   21.     Composition of Court Martial
   22.     Qualifications for membership
   23.     Disqualifications for membership
   24.     Registrar must consider other factors in assigning military members
   25.     Officers of other forces may be assigned as military members in certain circumstances
   26.     Procedure for assigning military members
   27.     Objections against assignment of person as military member
   28.     Substitute military members

           SUBPART 4 - Duties of members of Court Martial

   29.     Duties of Judge: general
   30.     Duties of Judge at trial
   31.     Duties of military members
   32.     Failure to attend Court Martial is contempt of court
   33.     Seniority of military members
   34.     Senior military member must submit report on command issues
   35.     Prohibition on taking into account information about conduct of military members

   PART 2 - Jurisdiction, procedures, and powers

           SUBPART 1 - Jurisdiction and sittings of Court Martial

   36.     Jurisdiction of Court Martial
   37.     Requirements for sittings of Court Martial
   38.     When Court Martial must hold proceedings in closed court
   39.     Judge may limit scope of open court
   40.     Duration of order limiting scope of open court
   41.     Application of section 42
   42.     Special provisions in cases involving sexual violation

           SUBPART 2 - Procedures

   43.     Preliminary procedure
   44.     Judge may sit alone to rule on question of law or procedure
   45.     Power to summon witnesses
   46.     Service of summons
   47.     Administration of oaths
   48.     Discharge of military members

           SUBPART 3 - Bail

   49.     Judge may grant bail pending trial
   50.     Judge may grant bail pending appeal
   51.     Time on bail pending appeal does not count as time served
   52.     Procedure for bail generally
   53.     Issue of warrant to arrest person absconding or breaching bail condition
   54.     Person arrested under warrant for absconding or breaching bail condition must be brought before Judge

           SUBPART 4 - Findings of Court Martial

   55.     Finding of Court Martial
   56.     Power to convict of offence other than that charged
   57.     Accused may be convicted of attempting to commit offence
   58.     Accused may be convicted of corresponding offence
   59.     Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge
   60.     Recording of finding on alternative charges
   61.     Sentence of Court Martial
   62.     Order to come up for sentence if called on
   63.     Offender to come up for sentence
   64.     Other offences may be taken into account in passing sentence
   65.     Court Martial must adhere to sentencing guidelines
   66.     Announcement of finding and sentence

   PART 3 - Miscellaneous and administrative provisions

           SUBPART 1 - Miscellaneous provisions

   67.     Court must take judicial notice of certain matters
   68.     Defence of accused
   69.     Proceedings not invalid for want of form, etc
   70.     Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act
   71.     Evidence in proceedings under this Act or 1971 Act
   72.     Limits on application of section 71: evidence of general matters
   73.     Limits on application of section 71: evidence of custody at police station
   74.     Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave
   75.     Records of Court Martial proceedings
   76.     Evidence of proceedings of Court Martial

           SUBPART 2 - Administrative provisions

   77.     Seal of Court Martial
   78.     Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar
   79.     Appointment of Registrar, clerks, and other officers of Court Martial
   80.     Registrar to be Inspector of Service Penal Establishments
   81.     Attendance of clerk, etc, at sitting of Court Martial
   82.     Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial

           SUBPART 3 - Transitional provisions, repeal, and consequential amendments

   83.     Transitional provision relating to Chief Judge
   84.     What happens if court-martial has not yet been convened on commencement of this Act
   85.     What happens if court-martial has been convened on commencement of this Act
   86.     Part 6 of 1971 Act repealed
   87.     Consequential amendments to other enactments
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2