The validity of military courts after Lane v Morrison

Outlines the relevant Commonwealth legislation that established the former service tribunals under the Defence Force Discipline Act 1982 (DFDH) and the 2006 amendment that created the AMC (Australian Military Court). Discusses the case of Lane versus Morrison in which a defence force member challenged the jurisdiction of the AMC to hear charges against him, arguing that the powers conferred on it by the amending legislation were not supported by s 51 (vi) of the Commonwealth of Australia Constitution Act. Considers what impact the decision of the High Court of Australia could have on the creation and functions of courts-martial in NZ. Looks at the creation of the permanent Court Martial of New Zealand and raises potential areas of concern regarding its constitution and operation. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.