✨ Military Regulations




  1. If any officer of the Defence Forces summoned as aforesaid refuses or neglects to attend at such time and place as may be named in such summons for the meeting of the Court, he shall render himself liable to have his commission cancelled; subject, however, as follows:-

(a.) Every member of the Court appointed to inquire into the conduct of an officer of the Defence Forces shall be of equal or superior rank to the officer whose conduct is to be inquired into, and one member, at least, shall be of superior rank.

(b.) Every summons shall be delivered personally to the officer summoned at least twenty-four hours before the time appointed for the meeting of the Court.

(c.) No officer shall be compelled to attend as a member of any Court when the place of meeting is distant more than twenty miles from his usual place of residence.

(d.) No officer who has conducted or held a preliminary inquiry as to any charge or complaint preferred against any officer, N.C.O., or member of the Defence Forces shall sit as President or member of a Court of inquiry into the same charge or complaint.

  1. The officer, N.C.O., or other member of the Defence Forces against whom any charge is preferred shall be entitled to have a written copy of the charge delivered to him at least twenty-four hours before the inquiry is held; and the convening officer is responsible that this is done.

  2. The accused member shall not be allowed to be assisted by a barrister or solicitor during the inquiry, but may call witnesses, whose evidence, with any statement he may himself desire to make, shall be forwarded with the proceedings.

  3. All Courts of inquiry shall have power and authority, and are hereby required, to administer an oath or affirmation to every witness or other person examined before such Court in any matter relating to any proceeding before the same.

  4. All persons who may be required to give or produce evidence before such Court, and whether required on behalf of the prosecution or of the person charged, shall be summoned by the convening officer.

  5. Any person so duly summoned who does not attend such Court, or refuses to be sworn or affirmed, or to give evidence, or to answer all such questions as the Court may legally demand of him, shall be liable to the same pains and penalties as if such person had, after being duly summoned or subpoenaed, neglected to attend on a trial in any proceeding before a Magistrate or two or more Justices of the Peace.

  6. Any person who wilfully gives false evidence before any such Court shall be guilty of perjury, and may be dealt with, prosecuted, and punished accordingly.

  7. The President and members of the Court shall be in uniform, and shall on assembling make a declaration upon honour, in writing, which will be attached to the proceedings, in the following terms:-

I, A. B., do declare upon my honour that I will duly and impartially inquire into the matters to be brought before the Court. I further declare upon my honour that I will not on any account or at any time disclose or discover my own vote or opinion, or that of any particular member of the Court, or divulge any portion of the proceedings unless required to do so by competent authority.

  1. Any officer, non-commissioned officer, or member of the Defence Forces against whom any charge is preferred shall attend the Court in uniform, and, if in arrest or a prisoner, without his side-arms.

  2. (1.) In any case where any charge or complaint is preferred against any commissioned officer of the Defence Forces, such officer may be placed under arrest by the senior officer present, and such charge or complaint shall, with all convenient speed, be heard before a Court of inquiry; but the duties of the Court shall be confined to taking evidence on oath or affirmation, and reporting thereon.

(2.) Such report and evidence shall forthwith be forwarded by the President of the Court to the Commanding Officer for transmission through the Commandant to the Minister, who shall submit the same to the Governor for his decision.

(3.) The Governor may, as he thinks fit, dismiss such officer, or reprimand him, or deprive him of a portion of his seniority in the rank he holds, or acquit him.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1906, No 9





✨ LLM interpretation of page content

πŸ›‘οΈ Regulations for Discipline of the Defence Forces (continued from previous page)

πŸ›‘οΈ Defence & Military
Court of inquiry, Officer conduct, Summons, Military discipline, Evidence, Perjury, Uniform, Arrest, Commanding officer, Governor's decision