Practice Relating to Rule 100. Fair Trial Guarantees
Section K. Public proceedings
New Zealand’s Military Manual (1992) states: “Unless the trial is to be held in camera, the Protecting Power’s representative is entitled to be present.” The footnote to this provision explains that: “The Protecting Power must be informed of any trial that is to be held in camera
The manual further states: “Anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly.”
New Zealand’s Court Martial Act (2007) provides:
Sittings of Court Martial
37 Requirements for sittings of Court Martial
(1) The Court Martial—
(a) must sit in open court unless section 38 or 39 applies;
38 When Court Martial must hold proceedings in closed court
(1) The Court Martial must hold its proceedings in closed court while—
(a) the Judge sits alone to rule on any question of law or procedure in accordance with section 44:
(b) the military members deliberate on the finding in accordance with section 55:
(c) the Judge and the military members deliberate on the sentence in accordance with section 61.
(2) The Court Martial may hold its proceedings in closed court on any other deliberation.
39 Judge may limit scope of open court
(1) In any proceedings in the Court Martial, the Judge may make any of the orders specified in subsection (2) limiting the scope of open court if the Judge considers that—
(a) a statement may be made or evidence given in the course of those proceedings that might lead to the disclosure of information that would or might—
(i) be directly or indirectly useful to the enemy or any foreign country; or
(ii) be otherwise harmful to New Zealand; or
(b) the making of the order—
(i) is necessary in the interests of justice; or
(ii) is desirable in the interests of public morality; or
(iii) is necessary for the protection of the reputation of a victim of an alleged sexual offence or offence of extortion.
66 Announcement of finding and sentence
(1) The Judge must announce in open court—
(a) the finding of the Court Martial on each charge tried by the court; and
(b) any sentence passed by the court.