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

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7 Provisions of Act may be modified, etc, in relation to certain classes of persons [Repealed]

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 cannot be tried under this Act for offences already disposed of

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

32 Mutiny

33 Failure to suppress or report mutiny

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

44 Resisting arrest

45 Escape from custody

45A Failure to answer bail

46 Permitting the escape of prisoners

47 Desertion

48 Absence without leave

49 Avoidance of duty

50 Malingering

51 Drunkenness and being under the influence of drugs

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

53 False statements on appointment or enlistment

54 Official corruption

55 Falsification of service documents

56 False statement in order to obtain benefit

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

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

68 False accusation

69 Delay or denial of justice

70 Offences relating to proceedings of military tribunal or court of inquiry

71 False evidence

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

75 Parties to the commission of offences against this Act

76 Attempts to commit offences against this Act

77 Accessories after the fact

78 Jurisdiction of Court Martial

79 Court Martial to pass 1 sentence only

80 Discretion of Court Martial as to punishment

81 Consent of Governor-General required before sentence of death can be carried out [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 Court Martial, etc

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

101A Judge Advocate General may grant bail pending trial

101B Issue of warrant to arrest person absconding or breaching bail condition

101C Person arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General

101D Restrictions in relation to midshipmen, officer cadets, and chaplains

101E Appointment of Director of Military Prosecutions

101F Functions and duties of Director of Military Prosecutions

101G Power of Director of Military Prosecutions to direct investigation

101H Power of Director of Military Prosecutions to stay proceedings

101I Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command

101J Director of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers

101K Director of Military Prosecutions must act under general supervision of Solicitor-General

101L Delegation of functions, duties, or powers of Director of Military Prosecutions

102 Investigation of charges

103 Disposal of charges by commanding officers

104 Disposal of charges by superior commanders

105 Disposal of charges by detachment commanders

106 Disposal of charges by subordinate commanders

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

107 Effect of delegation

108 Officer is empowered to act as disciplinary officer

109 Charge must be referred to subordinate commander in certain circumstances

110 Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances

111 Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

112 Charge must be certified if disciplinary officer may impose certain punishments

113 Amendment of charge

114 Assistance to accused

115 Assignment of presenting officer

115A Punishments of detention may be suspended [Repealed]

116 Arraignment by disciplinary officer

117 Plea of guilty

117A Subordinate commander may punish accused or refer charge to commanding officer or detachment commander

117B Commanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters

117C Consideration of whether accused who pleads guilty should be given right to elect trial by Court Martial

117D Accused who pleads guilty must be informed if he or she has right to elect trial by Court Martial

117E Accused who pleads guilty must be punished in certain circumstances

117F Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

117G Procedure following mixed pleas

117H Change or amendment of plea

117I Procedure following plea of not guilty

117J Disciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge

117K Disciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer

117L Disciplinary officer must consider whether accused should be given right to elect trial by Court Martial

117M Disciplinary officer must inform accused if accused has right to elect trial by Court Martial

117N Disciplinary officer must remand accused for trial in Court Martial or try charge summarily

117O Disciplinary officer must advise accused and hear evidence on behalf of accused

117P Presenting officer and disciplinary officer may call or recall witnesses

117Q Disciplinary officer must determine whether accused is guilty or not guilty

117R Procedures to be followed before imposing punishment

117S Disciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender

117T Order to come up for punishment if called on

117U Offender to come up for punishment

117V Types and maximum amounts of summary punishments

117W Certain punishments must not be imposed unless offender was given right to elect trial by Court Martial

117X Punishment must be imposed for all offences of which person is found guilty

117Y Provisions relating to punishment of detention

117Z Reduction of punishments

117ZA Orders for compensation and restitution

117ZB Accused deemed to have waived certain rights in certain circumstances

117ZC Implications of election must be explained to accused

117ZD Accused does not have certain rights if accused is tried summarily or otherwise dealt with under this Part

117ZE Recording proceedings before disciplinary officer

117ZF Referral of charge must include referral of related charges

117ZG Documents and information to be provided to accused and Director of Military Prosecutions

117ZH Reference back of charge by Director of Military Prosecutions

117ZI Director of Military Prosecutions may lay charge before Court Martial

117ZJ Procedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains

117ZK Relevant evidence admissible unless excluded

117ZL Taking of evidence on oath

117ZM Admission in evidence of written statements instead of oral evidence

117ZN Disciplinary officers and Summary Appeal Court to take judicial notice of certain matters

117ZO General power to make orders or give directions

117ZP Construction of charges

117ZQ Replacement of disciplinary officer

117ZR Objection relating to personal interest

118 Summary Appeal Court of New Zealand established

119 Constitution of Summary Appeal Court

120 Summary Appeal Court must sit in divisions

121 Registrar, clerks, and other officers of Summary Appeal Court

122 Chief Judge may delegate to Registrar duty to assign Judges

123 Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court

124 Right of appeal

125 Notice of appeal

126 Registrar and disciplinary officer must provide copies of documents

127 Abandonment of appeal

128 Effect of appeal on punishments and orders

129 Special references to Summary Appeal Court

130 Person found guilty must be informed of reference and may comment

131 Appeals to proceed by way of rehearing and general power of Summary Appeal Court

131A Special provisions in cases involving sexual violation [Repealed]

132 Power of Summary Appeal Court in respect of finding of guilty

133 Power of Summary Appeal Court in respect of punishments

134 Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on

135 Supplementary powers of Summary Appeal Court

136 Decisions of Summary Appeal Court final

137 Sittings of Summary Appeal Court

138 When Summary Appeal Court must hold proceedings in closed court

139 Summary Appeal Court may limit scope of open court

140 Right of appellant to present his or her case in writing and restricted right of appellant to be present

141 Defence of appeals and representation of appellant

142 Costs of appeal

143 Removal of prisoners for purposes of proceedings under this Part

144 Duties of Registrar with respect to appeals

145 Application of sections 139 to 141 of Criminal Justice Act 1985 to proceedings under this Act

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

147 Evidence in proceedings under this Act [Repealed]

148 Evidence of civil conviction or acquittal

149 Evidence of proceedings of court-martial [Repealed]

150 Rules of procedure

150A Protection from civil liability

150B Privileges and immunities of witnesses and of certain other persons appearing before military tribunals and courts of inquiry

150C Power to summon witnesses

150D Service of summons

150E Contempt of military tribunal or court of inquiry

150F District Court may deal with person who has committed contempt

150G Contempt by counsel

151 Reconsidering Authority established

152 Functions and powers of Authority

153 Petition for reconsideration

154 Authority must consider petition for reconsideration

155 Procedure for reconsideration

156 Authority may call for written reports and hear evidence

157 Authority may regulate its procedure

158 Power of Authority to remit whole or part of sentence

159 Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority

160 Armed Forces Discipline Committee established

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

161 Purpose of Discipline Committee

162 Functions of Discipline Committee

163 Chief of Defence Force must publish sentencing guidelines

164 Appointed member

165 Remuneration of members

166 Procedure of Discipline Committee generally

166A Quorum for meetings

166B Other procedure at meetings

166C Voting at meetings

166D Protection from liability

167 Execution of sentences of death [Repealed]

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

169 Committal, removal, release, etc, of servicemen serving imprisonment or detention

170 Duty of prison managers, 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 serviceman 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 1 or more sentences

180 Periods of unlawful absence

181 Effect of suspension of sentences [Repealed]

182 Termination of suspension of sentence [Repealed]

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

184 Indemnity for prison officers, etc

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 causing physical harm

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 Martial 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 [Repealed]

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

199 Royal prerogative of mercy

200 Interpretation

200A Courts of inquiry may be assembled

200B Composition of court of inquiry

200C Order assembling court of inquiry

200D Rank and seniority of members

200E Terms of reference

200F Court of inquiry to sit in private

200G Assembly and procedure

200H Sittings of court of inquiry

200I Attendance of witnesses

200J Witness to be sworn

200K Collecting and recording of evidence

200L Interpreters and recorders

200M Procedure if conduct of superior officer may be in question

200N Rights of person who may be affected by inquiry

200O Matters president must take into account in determining whether person affected by inquiry may be legally represented

200P What happens if person affected by inquiry wishes to call witness

200Q Exhibits

200R Signing and dispatch of record of proceedings

200S Admissibility of record of proceedings, etc

200T Record of proceedings not to be disclosed

201 Inquiry on absence of member of the Armed Forces

202 Pay, service, and effects of deserters and absentees

203 Appointment and functions of Judge Advocate General

203A Deputy Judge Advocate General

204 Orders by convoy commanders and commanding officers of escorting ships

205 Regulations

206 Defence Force Orders

207 Transitional provisions [Repealed]

208 Repeals, amendments, and savings