Armed Forces Discipline Act 1971

  • not the latest version

Reprint as at 20 September 2007

Armed Forces Discipline Act 1971

Public Act1971 No 53
Date of assent12 November 1971
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Defence.

Contents

Title

1 Short Title and commencement

2 Interpretation

3 Special provisions relating to the interpretation, etc, of Part 2

4 Extraterritorial operation of this Act

5 Active service

Part 1
Jurisdiction

6 Persons in the Navy, the Army, and the Air Force

7 Provisions of Act may be modified, etc, in relation to certain classes of persons

8 Members of the Armed Forces attached to forces of another country remain subject to this Act

9 Members of other forces attached to Armed Forces under section 23A of Defence Act 1990

10 Volunteers

11 Trainees

12 Prisoners of war

13 Spies, etc

14 Commanding officer in relation to prisoners of war and spies

15 Application of Act to passengers in HM ships, aircraft, and vehicles

16 Certain civilians closely associated with Armed Forces subject to this Act

17 Certain persons sentenced under this Act to remain subject to this Act

18 Trial and punishment of person who has ceased to be subject to this Act

19 Status and rank of person deemed to be subject to this Act when imprisoned or detained

20 Limitation of time within which charges may be dealt with summarily or tried under this Act

21 Person may not be tried under this Act and under the civil law in respect of same act or omission

22 Persons not to be tried under this Act for offences already disposed of

Part 2
Offences

Offences involving treachery, cowardice, and looting

23 Aiding the enemy

24 Communication with the enemy

25 Unauthorised disclosure of information

26 Spying in ships or establishments abroad

27 Seduction from duty or allegiance

28 Cowardly behaviour

29 Offence to create alarm or despondency

30 Offences in relation to capture by the enemy

31 Looting

Offences involving mutiny

32 Mutiny

33 Failure to suppress or report mutiny

Offences involving guard duty, violence, and insubordination

34 Offences by or in relation to a person on guard duty or on watch

35 Violence to a superior officer

36 Insubordinate behaviour

37 Obstruction of provost officers

38 Disobeying a lawful command

39 Failure to comply with written orders

40 Failure to comply with directions given by the captain of a ship or aircraft

41 Ill-treatment of person of lower rank

42 Cruel or disgraceful conduct

43 Fighting or causing a disturbance

Offences relating to arrest and escape from custody

44 Resisting arrest

45 Escape from custody

46 Permitting the escape of prisoners

Desertion, absence, and malingering

47 Desertion

48 Absence without leave

49 Avoidance of duty

50 Malingering

Offences involving alcoholic liquor and drugs

51 Drunkenness and being under the influence of drugs

52 Being in possession of alcoholic liquor in a ship, establishment, camp, or base

False statements, documents, and corruption

53 False statements on appointment or enlistment

54 Official corruption

55 Falsification of service documents

56 False statement in order to obtain benefit

Offences relating to property

57 Stealing service property or property of comrade

58 Receiving service property or property of comrade

59 Unlawful possession of service property or property of comrade

60 Conversion of vehicles, etc

61 Destruction of or damage to service property or property of comrade

62 Loss of service property

63 Improper disposal of decorations and issued property

Offences involving ships, aircraft, vehicles, etc

64 Losing or hazarding a ship, aircraft, or armoured fighting vehicle

65 Dangerous acts or omissions

66 Inaccurate certification

67 Offences in relation to the driving of vehicles

Offences relating to judicial proceedings, etc

68 False accusation

69 Delay or denial of justice

70 Offences relating to proceedings of courts-martial, etc

71 False evidence

Miscellaneous offences

72 Endangering the health of members of the Armed Forces

73 Conduct prejudicial to service discipline

74 Offences against the civil law of New Zealand

Parties, accessories, and attempts

75 Parties to the commission of offences against this Act

76 Attempts to commit offences against this Act

77 Accessories after the fact

Part 3
Jurisdiction of courts-martial and punishment of offenders

78 Jurisdiction of courts-martial

79 Court-martial to pass one sentence only

80 Discretion of court-martial as to punishment

81  [Repealed]

81A Effect of period spent in custody before being sentenced

82 Dismissal from service and reduction in rank

83 Maximum term of detention

84 Reduction in rank and forfeiture and stay of seniority of service

85 Punishment by fine

86 Compensation for loss of or damage to property

87 Restitution of property

87A Suspension of compensation and restitution orders made by courts-martial, etc

Part 4
Arrest and search

88 Arrest without warrant

89 Arrest under warrant

89A Arrest of members of visiting forces

90 Arrest of spies, etc, abroad

91 Arrest of person unlawfully at large

92 Arrest of deserters and absentees

92A Arrest of deserters from other armed forces

93 Detention in civil custody of arrested persons

93A Detention in service custody of person charged by civil authority

93B Detention in service custody of members of visiting force

93C Police not to deliver custody of arrested person without consent of Minister of Justice in certain cases

94 Reasonable force may be used to arrest or search

95 Search in connection with suspected offence

96 Searches to prevent smuggling, etc

97 Customary powers of search not affected

98 Search of person in service custody, etc

99 Disposal of property taken in search

100 Duty of persons arresting

101 Delay in dealing with person after arrest

Part 5
Investigation and summary disposal of charges

102 Summary punishments

103 Investigation of charges

104 Disposal of charges by commanding officers

105 Disposal of charges by superior commanders

106 Orders for compensation and restitution

106A Suspension of compensation and restitution orders made summarily, etc

107 Additional limitations on powers of a commanding officer or superior commander

108 Reference back of a charge by a convening officer

109 Replacement of officer investigating or disposing of charge

110 Confession of desertion

111 Reduction in rank

112 Fines

113 Chief of Defence Force may make orders in respect of certain summary punishments

114 Powers and functions of a detachment commander

115 Delegation of powers by commanding officers

115A Punishments of detention may be suspended

116 Reduction of punishments

Review of summary proceedings

117 Summary findings and punishments to be reviewed by reviewing authorities

Part 6
Courts-martial

Constitution of courts-martial

118 General courts-martial and restricted courts-martial

119 Authority to convene courts-martial

120 Constitution of general courts-martial

121 Constitution of restricted courts-martial

122 Disqualifications for membership of court-martial or appointment as judge advocate

123 Additional factors governing the composition of courts-martial

124 Eligibility of officers of other forces to be members of court-martial

125 Recording of opinion of convening officer

126 Waiting members

127 Judge advocate

Sittings, etc, of courts-martial

128 Sittings and adjournments of courts-martial

129 Challenges by the accused

130 Administration of oaths

131 Courts-martial to sit in open court

131A Special provisions in cases involving sexual violation

132 Dissolution of court-martial

Findings, etc, of courts-martial

133 Decisions of courts-martial

134 Rulings by judge advocate

135 Power to convict of an offence other than that charged

136 Recording of finding on alternative charges

137 Announcement of finding and sentence

138 Certain sentences may be suspended

139 Other offences may be taken into consideration in passing sentence

Evidential and procedural matters

140 Court to take judicial notice of certain matters

141 Privileges and immunities of judge advocates and members of courts-martial, and protection of witnesses and counsel

142 Defence of accused

143 Proceedings not invalid for want of form

Contempt of courts-martial

144 Powers of courts-martial in relation to contempt

Part 7
Provisions relating to evidence and procedure generally

145 Records of court-martial proceedings

146 Witnesses may be compelled to attend courts-martial, etc

147 Evidence in proceedings under this Act

148 Evidence of civil conviction or acquittal

149 Evidence of proceedings of court-martial

150 Rules of procedure

Part 8
Review of convictions and sentences of courts-martial

151 Constitution of reviewing authorities

152 Review of proceedings

153 Power to quash convictions and order a new trial

154 Revision of sentence on quashing of conviction

155 Substitution of convictions and sentences

156 Substitution of a valid for an invalid sentence

157 Variation, postponement, and suspension of sentences

158 Two or more punishments may be imposed in certain cases

159 Substituted conviction or sentence deemed to be conviction or sentence of court-martial

160 Reviewing authority may make an order for the payment of compensation or restitution of property

160A Reviewing authority to review decision to take other offences into consideration

161 Decision of reviewing authority to be promulgated

162 Further reviews

163 Fresh evidence

164 New trial procedure

165 Effect of appeal

Reconsideration of sentences of imprisonment and detention

166 Constitution and powers of reconsidering authorities

Part 9
Provisions relating to the carrying out of punishments

Death

167 Execution of sentences of death [Repealed]

Imprisonment and detention

168 Manner in which sentences of imprisonment and detention are to be served

169 Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention

170 Duty of superintendents of prisons, etc, to receive service prisoners

171 Places in which sentences of imprisonment or detention may be served

172 Imprisonment and detention of members of other forces attached to Armed Forces

173 Imprisonment and detention of members of Armed Forces attached to other forces

174 Interim custody of member of the Armed Forces serving imprisonment or detention

175 Establishment and regulation of service prisons and detention quarters

176 Provisions as to service prisons and detention quarters outside New Zealand

177 Commencement of sentences

177A Effect of period spent in custody before being sentenced

178 Consecutive sentences

179 Limitation of term of detention under one or more sentences

180 Periods of unlawful absence

Suspended sentences

181 Effect of suspension of sentences

182 Termination of suspension of sentence

183 Offender under suspended sentence convicted or found guilty of further offence

Prison officers, etc

184 Indemnity for prison officers, etc

Fines

185 Recovery in District Court of fines imposed under this Act

186 Fines to be paid into Crown Bank Account

186A Compensation to victims of offences occasioning physical harm

Part 10
Special provisions for dealing with mentally impaired persons

187 Interpretation of terms used in this Part

188 When court may find accused unfit to stand trial

188A Determining if accused unfit to stand trial

188B Court may postpone finding as to unfitness to stand trial

189 When plea of not guilty may be substituted for plea of guilty [Repealed]

190 Finding of insanity

191 Order to be made if person unfit to stand trial or insane

192 Duration of order for detention as special patient where defendant unfit to stand trial

193 Duration of order for detention as special patient when person acquitted on account of his insanity

194 Power of court-martial to commit to hospital on conviction

195 Notice to be sent to Public Trustee of certain orders [Repealed]

196 Insanity of certain persons while serving sentences of imprisonment under this Act

197 Substitution of finding and quashing of sentence where accused was insane

198 Powers of reviewing authority if person found unfit to stand trial

Part 11
Miscellaneous provisions

Prerogative of mercy

199 Royal prerogative of mercy

Courts of inquiry

200 Courts of Inquiry

201 Inquiry on absence of member of the Armed Forces

Pay, etc, of deserters and absentees

202 Pay, service, and effects of deserters and absentees

Judge Advocate General

203 Appointment and functions of Judge Advocate General

203A Deputy Judge Advocate General

Discipline in respect of convoys

204 Orders by convoy commanders and commanding officers of escorting ships

Regulations and Chief of Defence Force orders

205 Regulations

206 Chief of Defence Force orders

Repeals, amendments, and savings

207 Transitional provisions [Repealed]

208 Repeals, amendments, and savings

Schedule 1
Civilians subject to this Act

Schedule 2
Scale of punishments which may be imposed by court-martial

Schedule 3
Scale of authorised summary punishments

Schedule 4
Summary punishments which may be imposed by a commanding officer exercising summary powers under Part 5 of this Act

Schedule 5
Summary punishments which may be imposed by a superior commander exercising summary powers under Part 5 of this Act

Schedule 6
Alternative offences of which accused may be convicted by court-martial

Schedule 7
Enactments amended

Schedule 8
Enactments repealed

Reprint notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand and the Parliament of the United Kingdom relating to the discipline of Her Majesty's Armed Forces of New Zealand, and to provide for the discipline of and the administration of justice within those forces

  • The reference to the Parliament of New Zealand was substituted for a reference to the General Assembly of New Zealand pursuant to section 29(2) Constitution Act 1986 (1986 No 114).

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: