322
THE NEW ZEALAND GAZETTE.
[No. 18

C. A. JEFFERY,
Clerk of the Executive Council.

Revoking Warrants for convening General Courts-martial.

C. L. N. NEWALL, Governor-General.

IN pursuance and exercise of the powers conferred by the Air Force Act, 1937, and the regulations made thereunder, I, Cyril Louis Norton Newall, the Governor-General of the Dominion of New Zealand, do hereby revoke the Warrants issued by me on the twenty-seventh day of May, one thousand nine hundred and forty-two, and published in the Gazette on the fourth day of June of the same year, authorizing the Air Officers Commanding-in-Chief for the time being of the Royal Air Force Fighter, Bomber, and Coastal Commands, and the Air Officer Commanding for the time being of the Royal Air Force, Far East, to convene general courts-martial.

As witness the hand of His Excellency the Governor-General, this 5th day of March, 1943.

A. G. OSBORNE,
For the Minister of Defence.

Warrant for Convening General Courts-martial.

C. L. N. NEWALL, Governor-General.

To the AIR OFFICER COMMANDING-IN-CHIEF for the time being of the Royal Air Force Fighter Command.

WHEREAS by the Visiting Forces Act, 1939, it is provided when a home force and another force are acting in combination any officer of the other force duly appointed to command the combined force, or any part thereof, shall be treated and shall have over members of the home force the like powers of command and punishment, and may be invested with the like authority to convene and confirm the findings and sentences of courts-martial as if he were an officer of the home force of relative rank and holding the same command :

And whereas by an order made on the tenth day of April, one thousand nine hundred and forty-one, under the authority of the aforesaid Act, it was declared that the air forces of His Majesty raised in New Zealand which are serving outside New Zealand during or in respect of the present war shall be deemed to be serving together and acting in combination with the air forces of His Majesty raised in the United Kingdom :

Now, therefore, in pursuance and exercise of the powers conferred by the aforesaid Act and by the Air Force Act, 1937, and the regulations made thereunder (hereinafter referred to as “the said Act and regulations”), I, Cyril Louis Norton Newall, the Governor-General of the Dominion of New Zealand, do hereby authorize you from time to time as occasion may require to convene general courts-martial for the trial of every person subject to the said Act and regulations who shall be charged with any offence for which such person may be tried by court-martial, whether such offence shall have been committed before or after the date of this Warrant ; and I hereby further authorize you to confirm the proceedings of any such courts-martial and to cause any sentence thereof to be put into execution according to law :

Provided, however, that no sentence of death shall be carried into effect unless the execution thereof be approved by myself as Governor-General of the Dominion of New Zealand in Council :

And I do further authorize you to direct your warrant to any officer of the Royal Air Force or of the Royal New Zealand Air Force not below the rank of Squadron Leader giving him a general authority to convene general courts-martial for the trial of any persons subject to the said Act and regulations who shall be charged with any offence for which such person may be tried by court-martial, whether such offence shall have been committed before or after the date of the warrant directed by you to such officer, and also to exercise in respect of the proceedings of such courts-martial the power of confirming the findings or sentences thereof according to law, or, if you should so think fit, of directing him to reserve for your confirmation the proceedings of all or any such courts-martial, in which case you are hereby authorized to exercise in respect of the proceedings so reserved all the powers of a confirming officer in accordance with the said Act and regulations :

And that there may not in any case be a failure of justice from the want of a proper person authorized to act as judge-advocate, I do hereby further empower you, in default of a person appointed by me or deputed by the Solicitor-General, or during the illness or occasional absence of the person so appointed or deputed, to nominate and appoint, and to delegate to any officer duly authorized to convene a general court-martial the power of appointing a fit person from time to time for executing the office of judge-advocate at any court-martial for the more orderly proceedings of the same :

And for executing the several powers, matters, and things herein expressed this shall be to you and all others whom it may concern a sufficient Warrant and authority.

As witness the hand of His Excellency the Governor-General, this 5th day of March, 1943.

A. G. OSBORNE,
For the Minister of Defence.

Warrant for Convening General Courts-martial.

C. L. N. NEWALL, Governor-General.

To the AIR OFFICER COMMANDING-IN-CHIEF for the time being of the Royal Air Force Bomber Command.

WHEREAS by the Visiting Forces Act, 1939, it is provided when a home force and another force are acting in combination any officer of the other force duly appointed to command the combined force, or any part thereof, shall be treated and shall have over members of the home force the like powers of command and punishment, and may be invested with the like authority to convene and confirm the findings and sentences of courts-martial as if he were an officer of the home force of relative rank and holding the same command :

And whereas by an order made on the tenth day of April, one thousand nine hundred and forty-one, under the authority of the aforesaid Act, it was declared that the air forces of His Majesty raised in New Zealand which are serving outside New Zealand during or in respect of the present war shall be deemed to be serving together and acting in combination with the air forces of His Majesty raised in the United Kingdom :

Now, therefore, in pursuance and exercise of the powers conferred by the aforesaid Act and by the Air Force Act, 1937, and the regulations made thereunder (hereinafter referred to as “the said Act and regulations”), I, Cyril Louis Norton Newall, the Governor-General of the Dominion of New Zealand, do hereby authorize you from time to time as occasion may require to convene general courts-martial for the trial of every person subject to the said Act and regulations who shall be charged with any offence for which such person may be tried by court-martial, whether such offence shall have been committed before or after the date of this Warrant ; and I hereby further authorize you to confirm the proceedings of any such courts-martial and to cause any sentence thereof to be put into execution according to law :

Provided, however, that no sentence of death shall be carried into effect unless the execution thereof be approved by myself as Governor-General of the Dominion of New Zealand in Council :

And I do further authorize you to direct your warrant to any officer of the Royal Air Force or of the Royal New Zealand Air Force not below the rank of Squadron Leader giving him a general authority to convene general courts-martial for the trial of any persons subject to the said Act and regulations who shall be charged with any offence for which such person may be tried by court-martial, whether such offence shall have been committed before or after the date of the warrant directed by you to such officer, and also to exercise in respect of the proceedings of such courts-martial the power of confirming the findings or sentences thereof according to law, or, if you should so think fit, of directing him to reserve for your confirmation the proceedings of all or any such courts-martial, in which case you are hereby authorized to exercise in respect of the proceedings so reserved all the powers of a confirming officer in accordance with the said Act and regulations :

And that there may not in any case be a failure of justice from the want of a proper person authorized to act as judge-advocate, I do hereby further empower you, in default of a person appointed by me or deputed by the Solicitor-General, or during the illness or occasional absence of the person so appointed or deputed, to nominate and appoint, and to delegate to any officer duly authorized to convene a general court-martial the power of appointing a fit person from time to time for executing the office of judge-advocate at any court-martial for the more orderly proceedings of the same :

And for executing the several powers, matters, and things herein expressed this shall be to you and all others whom it may concern a sufficient Warrant and authority.

As witness the hand of His Excellency the Governor-General, this 5th day of March, 1943.

A. G. OSBORNE,
For the Minister of Defence.