New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 1971 No 53 |
| Date of assent | 12 November 1971 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Defence.
1 Short Title and commencement
3 Special provisions relating to the interpretation, etc, of Part 2
4 Extraterritorial operation of this Act
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7 Provisions of Act may be modified, etc, in relation to certain classes of persons [Repealed]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
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
Offences involving treachery, cowardice, and looting
24 Communication with the enemy
25 Unauthorised disclosure of information
26 Spying in ships or establishments abroad
27 Seduction from duty or allegiance
29 Offence to create alarm or despondency
30 Offences in relation to capture by the enemy
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
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
46 Permitting the escape of prisoners
Desertion, absence, and 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
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
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
67 Offences in relation to the driving of vehicles
Offences relating to judicial proceedings, etc
70 Offences relating to proceedings of military tribunal or court of inquiry
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
Part 3
Jurisdiction of Court Martial and punishment of offenders
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
84 Reduction in rank and forfeiture and stay of seniority of service
86 Compensation for loss of or damage to property
87A Suspension of compensation and restitution orders made by Court Martial, etc
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
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
Part 4A
Director of Military Prosecutions
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
Part 5
Investigation and summary trial 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]
When officer is empowered to act as disciplinary officer
108 Officer is empowered to act as disciplinary officer
Subpart 2—Preliminary procedures and investigation of charges
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
Certification and amendment of charges
112 Charge must be certified if disciplinary officer may impose certain punishments or make certain compensation orders
Assignment of defending and presenting officers
115 Assignment of presenting officer
115A Punishments of detention may be suspended [Repealed]
116 Arraignment by disciplinary officer
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
Other matters relating to pleas
117G Procedure following mixed pleas
117H Change or amendment of plea
Investigation following plea of not guilty
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
Disciplinary officer must consider certain matters
117K Disciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer
Right to elect trial by Court Martial
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
Subpart 3—Trying charges 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
117ZA Orders for compensation and restitution
Subpart 5—Miscellaneous matters
Rights under New Zealand Bill of Rights Act 1990
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
Procedures for certain persons
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
117ZQ Replacement of disciplinary officer
117ZR Objection relating to personal interest
Part 5A
Summary Appeal Court of New Zealand
Establishment of Summary Appeal Court of New Zealand
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
126 Registrar and disciplinary officer must provide copies of documents
Sittings, etc, of courts-martial
128 Effect of appeal on punishments and orders
Special reference by Judge Advocate General
129 Special references to Summary Appeal Court
130 Person found guilty must be informed of reference and may comment
Powers of Summary Appeal Court
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
Findings, etc, of courts-martial
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
Decisions of Summary Appeal Court
136 Decisions of Summary Appeal Court final
Sittings of Summary Appeal Court
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
Miscellaneous procedural provisions
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
143 Removal of prisoners for purposes of proceedings under this Part
144 Duties of Registrar with respect to appeals
[Repealed]
Part 7
Other provisions relating to proceedings generally
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]
Protection from civil liability, privileges, and immunities
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
150E Contempt of military tribunal or court of inquiry
150F District Court may deal with person who has committed contempt
Part 8
Reconsideration of sentences of imprisonment or detention
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
Part 8A
Armed Forces Discipline Committee
Establishment of Armed Forces Discipline Committee
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
Administrative provisions relating to Discipline Committee
166 Procedure of Discipline Committee generally
166B Other procedure at meetings
166D Protection from liability
Part 9
Provisions relating to the carrying out of punishments
[Repealed]
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
177A Effect of period spent in custody before being sentenced
179 Limitation of term of detention under 1 or more sentences
180 Periods of unlawful absence
[Repealed]
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
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 Martial may postpone finding as to unfitness to stand trial
189 When plea of not guilty may be substituted for plea of guilty [Repealed]
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]
Part 11
Miscellaneous provisions
199 Royal prerogative of mercy
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
200F Court of inquiry to sit in private
200H Sittings of court of inquiry
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
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
Pay, etc, of deserters and absentees
202 Pay, service, and effects of deserters and absentees
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 Defence Council 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 that may be imposed by commanding officer, detachment commander, or subordinate commander acting as disciplinary officer under Part 5
Schedule 5
Summary punishments that may be imposed by superior commander acting as disciplinary officer under Part 5
Schedule 6
Alternative offences of which accused may be convicted by court-martial
[Repealed]
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
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).
