New Zealand Acts

COURT MARTIAL ACT 2007 - SECT 32

32 Failure to attend Court Martial is contempt of court

1 A military member commits a contempt of the Court Martial if that person fails, without reasonable excuse, to—

a) attend all the sittings of the court in respect of the proceedings for which the military member was assigned; and

b) perform the functions or duties of a military member of the court during the period of that person's membership of the court.

2 For the purposes of subsection (1), the period of a person's membership of the Court Martial—

a) begins on the date on which the person receives the written notice referred to in section 26(1)(a) or 27(4)(b)(i) , as the case may be; and

b) ends on the date on which the person—

i) retires from the court as a result of an objection under section 27 ; or

ii) is released from the court on the discharge of the military members under section 48 ; or

iii) is discharged by the Judge from his or her functions and duties as a military member on the completion of the proceedings concerned.

3 If a military member is alleged to have committed a contempt of the Court Martial under subsection (1), the Judge—

a) must inquire into the alleged contempt; and

b) may find the military member guilty of the contempt after hearing—

i) any witness against or on behalf of the military member; and

ii) any statement that may be offered in defence.

4 The penalty for contempt of the Court Martial under this section is imprisonment for a term not exceeding 21 days or a fine not exceeding $1,000.

5 To avoid doubt, a military member found guilty of contempt of the Court Martial under this section must be treated as if that person had retired from his or her membership of the court on the date of that finding.