The military justice system traces its roots, through its British military heritage, to Roman law. This code has extra-territorial effect, which means that members of the Armed Forces take New Zealand military law with them wherever in the world they go. The military justice system also operates side by side with New Zealand's criminal justice system, which means that the Armed Forces have concurrent jurisdiction with the NZ law enforcement authorities over any offence committed by a member of the Armed Forces within New Zealand. In common with New Zealand's criminal justice system, persons charged under military law have the right to be presumed innocent until proven guilty.
Proof means proof beyond reasonable doubt.
The law of evidence which applies in New Zealand's criminal courts also applies before its military tribunals, subject to some limited special rules which take account of the military context. All the legal materials which underpin New Zealand's military justice system are to be found in the two volume Defence Force publication, the Manual of Armed Forces Law , also known as DM 69. DM 69 is an invaluable reference for anyone seeking to understand the military justice system and, as well as being widely distributed within the Armed Forces, is held by all major District Law Society libraries and university law libraries within New Zealand. This is an inquisitorial hearing to determine whether there is a prima facie case. If the officer hearing the charge finds that there is a prima facie case, he or she will then take the necessary steps to bring it before the appropriate military tribunal.