Court Martial Appeals Act 1953 No 100 (as at 01 July 2009), Public Act

Act by section

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    appellant includes a person who has been convicted by the Court Martial and desires to appeal under this Act to the court

    appointed Judge means a Judge of the court appointed under paragraph (b) of subsection (1) of section 3

    court means the Court Martial Appeal Court constituted by this Act

    Court of Appeal means the Court of Appeal of New Zealand constituted under Part 2 of the Judicature Act 1908

    Court Martial means the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007

    Director of Military Prosecutions means the Director of Military Prosecutions appointed under section 101E of the Armed Forces Discipline Act 1971

    Judge Advocate General means the Judge Advocate General of the Armed Forces appointed under section 203 of the Armed Forces Discipline Act 1971

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    Minister means the Minister of Defence

    offence means an offence against the Armed Forces Discipline Act 1971

    prescribed means prescribed by rules of court

    Registrar means the Registrar of the court

    rules of court means rules of court made under section 26.

    (2) In this Act, the expression on active service, in relation to a person subject to service law, has the meaning assigned to it by section 5 of the Armed Forces Discipline Act 1971.

    (3) [Repealed]

    Compare: Courts-Martial (Appeals) Act 1951 s 24 (UK)

    Section 2(1) Air Board: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) Air Force Act: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) Air Force Court Martial: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) appellant: amended, on 1 July 2009, by section 5(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

    Section 2(1) Army Act: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) Army Board: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) Army Court Martial: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) court: amended, on 1 July 2009, by section 5(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

    Section 2(1) Court Martial: substituted, on 1 July 2009, by section 5(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

    Section 2(1) Director of Military Prosecutions: inserted, on 1 July 2009, by section 5(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

    Section 2(1) Judge Advocate General: inserted, on 1 July 2009, by section 5(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

    Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 2(1) Naval Board: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) Naval Court Martial: repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(1) offence: inserted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(2): substituted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

    Section 2(3): repealed, on 1 July 2009, by section 5(4) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).