✨ Military Regulations and Procedures
plaint so made, take such steps as may be necessary for
giving full redress to the complainant in respect of the matter
complained of.
NOTE.—A non-commissioned officer or private in a C.O.T.U. cannot
in any way be punished for making a complaint under this clause, whether
it is frivolous or not, and he ought not, for making a complaint, to be
treated in any way with harshness or suspicion. A false statement or
accusation made in preferring a complaint under this clause is a very
serious offence.
Mode of dealing with N.C.O.s and privates of Cadet units
- (i.) All complaints against non-commissioned officers
and cadets, not including Cadet officers training units, shall
be investigated, and the punishments inflicted, in the manner
customary for the investigation of complaints and infliction
of punishments in the schools generally: Provided that no
member of the Junior Cadets shall be corporally punished
while he is in uniform or on parade, or doing cadet duty of
any kind.
(ii.) Any non-commissioned officer may be reduced to a
lower grade or to the ranks by the officer commanding the
corps; but when this course is resorted to no other punish-
ment shall be inflicted for the same offence.
COURTS OF INQUIRY.
Constitution, how convened, rank, &c.
-
A Court of Inquiry may be convened by the Com-
mandant of Cadets or any officer appointed by him for that
purpose, with the approval of the Minister. The Court shall
be composed of three officers of the Junior Cadets, who must
when inquiring into the case of an officer be of equal or senior
rank to that officer, and one member at least must be of
senior rank. When the officer whose case is being inquired
into is on the Reserve of Officers, as many of the members
of the Court as possible shall be the holders of substantive
commissions.
Rank of members when inquiry refers to member of C.O.T.U. or instructor. -
If the inquiry refers to a member of a Cadet officers
training unit other than an officer, or to a staff non-commis-
sioned officer instructor, the members of the Court may be
of any rank. -
A Court of Inquiry shall be assembled by a notice in
the following form :—
CADET ORDERS BY , COMMANDANT OF JUNIOR CADETS.
[Place and date.]
The detail of officers mentioned below will assemble at
on the day of , for the purpose of
forming a Court of Inquiry, and inquiring into and giving an
opinion on a charge of made against
President.
... is appointed President.
Members.
A. B.
C. D., &c.
The proceedings must be forwarded to the Commandant of
Cadets, Headquarters, Wellington.
Signed this day of
......, [Rank].
Commandant of Cadets, Convening Officer.
Declaration to be made by members of Court. -
The members of the Court shall each make the follow-
ing declaration :—
“I, A. B., do declare upon my honour that I will duly and
impartially inquire into and give my opinion as to the charge
to be brought before the Court; and I do 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 disclose any portion
of the proceedings unless required to do so by competent
authority.”
Officers may attend Courts for instruction. -
Officers may attend Courts of Inquiry for instructional
purposes if approved by the Commandant of Cadets. When
they do attend they shall make the following declaration :—
“I, A. B., do declare upon my honour that I will not on
any account or at any time disclose any portion of the pro-
ceedings of the Court.”
Members of Court to be in uniform.
- The President and members of the Court shall be in
uniform.
Form for summoning witnesses.
-
The following form shall be used in summoning wit-
nesses :—
To
Whereas a Court of Inquiry has been ordered to assemble
at on the day of , 19 , for the pur-
pose of inquiring into and giving an opinion on a charge
made against , of the Battalion, Junior
Cadets :—
I do hereby summon and require you, [Name of witness],
to attend, as a witness, the sitting of the said Court at
on the day of , at o'clock in
the noon, and so to attend from day to day until you
shall be duly discharged. Whereof you shall fail at your
peril.
Given under my hand, at , on the day of
, 19 .
[Signature]
Convening Officer.
Oath or affirmation by a witness. -
The President of the Court shall administer the oath
usually administered in the civil Courts: Provided that if
the witness object to taking the oath he shall make a solemn
affirmation in the following form:—
“I, [Name of witness], do solemnly, sincerely, and truly
declare and affirm that the evidence which I shall give before
this Court shall be the truth, the whole truth, and nothing
but the truth.”
Court may be reassembled as often as may be necessary.
- (i.) A Court of Inquiry may be reassembled as often as
the convening authority may deem necessary, and on every
occasion of its meeting it is competent to receive and record
new evidence.
(ii.) The Court shall not sit during school hours.
Penalty on officer who refuses to attend Court.
- If any officer of the Junior Cadets summoned as
aforesaid fails without lawful excuse to attend at such time
and place as may be named in such summons for the meet-
ing of the Court, he shall render himself liable to have his com-
mission or military appointment cancelled, or be fined any
sum not exceeding ten pounds.
Penalty on persons who refuse to attend Court, give evidence, or be
sworn, &c.
-
Any person duly summoned in the manner prescribed
who does not attend the 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, or commits any
other breach of the procedure of the Court, shall be liable
to the same pains and penalties as if such person had, after
being duly summoned or subpœnaed, neglected to attend
on a trial, or committed a similar breach at a trial, in any
proceeding before a Magistrate or two or more Justices of
the Peace.
Accused to appear in uniform. -
(i.) Any officer, or member of a Cadet officers training
unit, shall attend the Court of Inquiry when a charge is pre-
ferred against him, and shall be in uniform.
(ii.) He 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 for
this being done.
Accused to be relieved of all military duty until case disposed of.
- In any case where any charge is preferred against
any officer, member of Cadet officers training unit, or in-
structor, such officer, member, or instructor shall be relieved
of all military duty until his case is inquired into and disposed
of, which shall be done with all convenient speed.
Duties and powers of Court.
- The duties of the Court shall be confined to taking
evidence, and recording their opinion thereon, and forward-
ing the whole of the proceedings to the convening officer for
transmission to the Minister, who shall submit the same to
the Governor for his decision thereon, which shall be final.
Powers of the Governor.
- The Governor may, as he thinks fit, dismiss such officer,
member of Cadet officers training unit, or instructor, from
the Junior Cadets, or reprimand him, or deprive him of a
portion of his seniority in the rank he holds in the Junior
Cadets, or fine him any sum not exceeding ten pounds, or
acquit him.
King's Regulations, Rules of Proceedings, and Rules of Evidence contained
in the Manual of Military Law to apply to proceedings.
- Subject to these regulations, the proceedings of the
Court shall be conducted as if it were a General Court-mar-
tial; and the King’s Regulations, Rules of Procedure, and
Rules of Evidence contained in the Manual of Military Law
shall, mutatis mutandis, apply to such proceedings.
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✨ LLM interpretation of page content
🛡️
Redress of Grievances and Disciplinary Procedures for Cadets
(continued from previous page)
🛡️ Defence & MilitaryCadets, Junior Cadets, Non-commissioned officers, Privates, Complaints, Redress of Grievances, Punishments, Courts of Inquiry, Military Law
- Commandant of Cadets
- Minister
- Convening Officer
🛡️ Form for Summoning Witnesses for Cadet Courts of Inquiry
🛡️ Defence & MilitaryWitness summons, Court of Inquiry, Junior Cadets, Battalion, Oath, Affirmation
- [Name of witness] Unknown, Witness to be summoned
- Convening Officer
🛡️ Procedures for Cadet Courts of Inquiry and Powers of the Governor
🛡️ Defence & MilitaryCourt of Inquiry, Junior Cadets, Proceedings, Evidence, Governor's decision, Dismissal, Reprimand, Fine
- Commandant of Cadets
- Convening officer
- Minister
- Governor
NZ Gazette 1910, No 24