(1) A person desiring to appeal to the Court against his conviction by a Court-martial shall make application for leave to appeal in form 1 and shall answer the questions and comply with the requirements set forth therein.

(2) An application for leave to appeal and any notice required or authorized to be given to the Court under these rules, other than a notice of abandonment, shall be signed by the appellant or by his representative. A notice of abandonment shall, except as provided in rule 7(2) hereof, be signed by the appellant himself.

(3) An application for leave to appeal and any notice required or authorized to be given to the Court under these rules shall, subject to subclause (4) of this rule, be addressed to the Registrar of the Courts-Martial Appeal Court, Wellington, New Zealand, or such other place as the Chief Justice may from time to time direct.

(4) In any of the circumstances specified in the first column of Schedule 2 to these rules, any application or notice which is required or authorized to be given to the Court under these rules may be lodged with the person specified, in relation to those circumstances, in the second column of that Schedule.

(5) Where any application or notice is lodged with a person other than the Registrar in accordance with subclause (4) of this rule, it shall be the duty of that person—

• (a) To forward the application or notice to the Registrar with as much expedition as possible; and

• (b) If it appears to that person that it is practicable to furnish the Registrar, before the receipt by him of the application or notice, with such particulars of the application or notice as will enable him to prepare a copy of it, and that in all the circumstances it is expedient so to do, forthwith to furnish him with those particulars.

(6) Where an appellant, or any other person required or authorized to make an application or give any notice for the purposes of the Act or of these rules, is unable to write, he may affix his mark thereto, in the presence of a witness, who shall attest the same, and thereupon the application or notice shall be deemed to be signed by the appellant.

(1) An appellant may, at any time after he has made application for leave to appeal, abandon his appeal by giving to the Registrar notice of abandonment thereof in form 3, or by lodging the notice in accordance with rule 3(4) hereof.

(2) Where it is contended that the appellant is insane, a notice of abandonment may be given and signed by the appellant's representative.

(3) The signature of the appellant or his representative to a notice of abandonment shall be witnessed by a legal staff officer, or the appellant's commanding officer, or an officer not below the rank of field officer.

(1) A Judge of the Court, exercising the powers of the Court under section 25 of the Act, may sit wherever convenient.

(2) Where any application has been dealt with by a Judge in exercise of the powers of the Court under section 25 of the Act, the Registrar shall forthwith notify the appellant of the decision.

(3) The period within which an appellant, if the Judge refuses an application on the part of the appellant to exercise in his favour any of the powers mentioned in paragraphs (a) to (d) of section 25 of the Act, must under the said section make a requisition to have the application determined by the Court shall be fourteen days if the appellant is in New Zealand or thirty days if the appellant is outside New Zealand next following the day on which he receives a notification under subclause (2) of this rule. The form in which that requisition shall be made shall be that set out in form 4.

(1) The Registrar, on receipt by him of an application for leave to appeal under the Act, or where a reference is made under section 24 of the Act, shall request the Judge Advocate General to furnish to him the proceedings of the Court-martial.

(2) After an application is finally refused or is withdrawn or the appeal is determined or abandoned, the proceedings of the Court-martial shall, subject to any order which the Court may make, be returned by the Registrar to the Judge advocate of the Fleet or to the Judge Advocate General.

(3) A copy of any document which is required for the use of the Court may be made by such person and in such manner as the Registrar may direct.

(1) At any time after the Registrar has received an application for leave to appeal, an appellant or respondent may, subject to the provisions of these rules, obtain from the Registrar copies of any document in his possession for the purposes of the appeal.

(2) Copies of any document shall be supplied by the Registrar to the appellant or respondent at a charge not exceeding 6d. for every folio of seventy-two words, but if the appellant has been assigned free legal aid the Registrar shall, unless he considers it unnecessary for the purposes of the appeal, supply such copies free of charge.

(1) The Registrar may, on an application made to him by the appellant or respondent, or where he considers it necessary for the proper determination of any appeal or application, and shall, where so directed by the Court, obtain and keep available for use by the Court any document or exhibit, and, subject to rule 14 hereof, pending the determination of the appeal or application, every such document and exhibit and the proceedings of the Court-martial shall be open, as and when the Registrar may arrange, for inspection by the appellant or respondent.

(2) Subject to rule 14 hereof, the Court may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of Justice so to do, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar or before it, by any person having the custody or control thereof.

(3) After an application is finally refused or is withdrawn or the appeal is determined or abandoned, documents and exhibits shall, subject to any order which the Court may make, be returned by the Registrar to the person who produced or forwarded the same.

(4) Service of any order made under this rule shall be personal service, unless the Court otherwise orders.

(1) If the Minister of Defence or any person authorized in that behalf certifies that, for reasons of security, the whole or part of the proceedings or other document, exhibit, or other thing ought not to be disclosed otherwise than to the Court, or ought only to be disclosed subject to certain conditions specified by the person who so certifies, the Registrar shall, notwithstanding any provision of these rules to the contrary, not permit inspection or supply a copy thereof without seeking a direction from the Court.

(2) Nothing in these rules shall affect any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(1) An order of the Court that a witness shall attend and be examined shall be in form 5 and shall specify the time and place at which to attend.

(2) Any such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and is not legally represented the application shall be made by him in form 6.

(3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, the order shall specify the person appointed as examiner to take the examination, the place thereof, and the witness to be examined.

(4) The Registrar shall, subject to rule 14 hereof and any direction given by the Court, furnish to the person appointed to take an examination such document, exhibit, or other thing relating to the appeal as he may require, or the Registrar may furnish copies thereof made in such manner as may be suitable. Every such document and exhibit and other thing shall, after the examination has been concluded, be returned to the Registrar by the examiner, together with any depositions taken by him under this rule.

(5) When the examiner has appointed the day and time for the examination, he shall request the Registrar to notify the appellant and the respondent thereof, and also, when the appellant is in custody, the person in charge of the place where the appellant is confined, and the Registrar shall thereupon cause to be served on every witness to be examined a notice in form 5.

(6) An examiner shall have power to administer an oath to, or take the affirmation of, any witness, and to require any such person to take such an oath or make such an affirmation and to answer any question to which the examiner may legally require an answer.

(7) The examination of every witness before an examiner shall be taken in the form of a deposition, and unless otherwise ordered shall be taken in private, subject to the right of the parties to be present and to cross-examine the witness. Depositions shall be recorded in the manner set out in form 7.

(8) Service of any order or notice required by this rule to be given to any witness shall be personal service, unless the Court otherwise orders.

(1) When an order of reference is made by the Court under section 11(e) of the Act, the question to be referred, and the person to whom as special commissioner the question is to be referred, shall be specified in the order, which may require the special commissioner to make interim reports to the Court from time to time.

(2) The Court may order that copies of any report made by a special commissioner shall be furnished to the appellant and respondent.

(1) The Registrar shall keep a register of all cases in which he receives an application for leave to appeal under the Act, and the register shall be open for public inspection in such place and at such hours as the Registrar, subject to the approval of the Court, shall decide.

(2) The Registrar shall also prepare a list of appeals and applications which the Court may consider on the days on which the Court, as constituted for the hearing and determination of appeals under the Act, shall sit, and shall cause the list to be published at such times, in such places, and in such manner as he, subject to the approval of the Court, thinks convenient for giving due notice to any parties interested therein of the hearing of the cases in the list by the Court.

(1) On the final determination of any appeal or of any application, the Registrar shall give to the appellant, the respondent, and, where the appellant is in custody, to the person in charge of the place where he is confined written notice of the determination.

(2) In the case of an appeal against a conviction involving sentence of death, the Registrar shall, on receiving an application for leave to appeal, send a copy thereof to the Minister, and shall, where leave to appeal is refused and on the final determination of an appeal, forthwith give written notice to the appellant, and to the Minister, and to the person in charge of the place where the appellant is confined.

(1) An appellant or respondent desiring to apply to the Attorney-General, under section 10(1) of the Act, for a certificate that the decision of the Court involves a point of law of exceptional public importance, and that it is desirable in the public interest that a further appeal should be brought, shall make application in form 8.

(2) A notice of application to the Court for an extension of time within which to apply for such a certificate shall be in form 9, and shall be accompanied by form 8.

(1) Where the Court makes an order for compensation under section 86 of the Armed Forces Discipline Act 1971, the operation of the order shall be suspended in accordance with subclause (2) of this rule unless the appellant consents in writing to the operation of the order not being suspended.

(2) Where the consent referred to in subclause (1) is not given, the operation of the order is suspended—

• (a) until the expiry of the period prescribed by section 10(1) of the Act as the period within which an application for a certificate to appeal to the Court of Appeal must be made; and

• (b) if, within the period so prescribed, an application under section 10(1) of the Act for a certificate to appeal to the Court of Appeal is made in respect of the conviction upon which the order was made or an application to the Supreme Court for leave to appeal directly to the Supreme Court is made in respect of that conviction,—

  • (i) until the close of the day on which the application is refused; or

  • (ii) if the certificate or the leave to appeal is granted, until the close of the day on which the appeal is determined or abandoned; and

• (c) if the decision on the appeal is that of the Court of Appeal, until the expiry of the period prescribed under the Supreme Court Act 2003 as the period within which an application to the Supreme Court for leave to appeal under section 10A of the Act against that decision must be made; and

• (d) if, within the period referred to in paragraph (c) an application to the Supreme Court for leave to appeal under section 10A of the Act against the decision of the Court of Appeal is made,—

  • (i) until the close of the day on which the application is refused; or

  • (ii) if leave to appeal under section 10A of the Act is granted, until the close of the day on which the appeal is determined or abandoned.

(3) Any person in whose favour or against whom an order for compensation has been made by a court-martial or a reviewing authority and, with the leave of the Court, any other person shall, on the final hearing by the Court of an appeal against any such order, be entitled to have any representations that he may make considered by the Court before the order is quashed or varied under section 19(2) of the Act.

(1) Where the Court makes an order for restitution under section 87 (with or without compensation under subsection (3) of that section) of the Armed Forces Discipline Act 1971, the operation of the order shall be suspended in accordance with subclause (3) of this rule unless the Court states in writing that, in its opinion, the right to possession of the property is not in dispute.

(2) The property that is subject to any such order shall, unless it is in the custody of the Registrar, be caused to be kept in safe custody while the operation of the order is suspended; and the Court or a Judge may give directions to ensure the safe custody of the property and its production when required.

(3) Where no statement of a kind referred to in subclause (1) is made, the operation of the order is suspended—

• (a) until the expiry of the period prescribed by section 10(1) of the Act as the period within which an application for a certificate to appeal to the Court of Appeal must be made; and

• (b) if, within the period so prescribed, an application under section 10(1) of the Act for a certificate to appeal to the Court of Appeal is made in respect of the conviction upon which the order was made or an application to the Supreme Court for leave to appeal directly to the Supreme Court is made in respect of that conviction,—

  • (i) until the close of the day on which the application is refused; or

  • (ii) if the certificate or leave to appeal is granted, until the close of the day on which the appeal is determined or abandoned; and

• (c) if the decision on the appeal is that of the Court of Appeal, until the expiry of the period prescribed under the Supreme Court Act 2003 as the period within which an application to the Supreme Court for leave to appeal under section 10A of the Act against that decision must be made; and

• (d) if, within the period referred to in paragraph (c) an application to the Supreme Court for leave to appeal under section 10A of the Act against the decision of the Court of Appeal is made,—

  • (i) until the close of the day on which the application is refused; or

  • (ii) if leave to appeal under section 10A of the Act is granted, until the close of the day on which the appeal is determined or abandoned.

(4) Any person in whose favour or against whom an order for restitution has been made by a court-martial or a reviewing authority or in whom any property has been revested on a conviction by virtue of section 26(1) of the Sale of Goods Act 1908 and, with the leave of the Court, any other person shall, on the final hearing by the Court of an appeal against the order, be entitled to have any representations that he may make considered by the Court before the order is quashed or varied under section 19(2) of the Act.