(1) In this Act, unless the context otherwise requires,—
able rank, in relation to the Navy, includes ordinary rank and apprentices
accused, in relation to a person subject to this Act, means a person charged with having committed an offence against this Act
acquittal includes an acquittal on account of insanity; and acquitted has a corresponding meaning
Air Force means the Royal New Zealand Air Force constituted under section 11(5) of the Defence Act 1990
Air Force base has the meaning assigned to that term by section 2(1) of the Defence Act 1990
aircraft has the meaning assigned to that term by section 2(1) of the Defence Act 1990
aircraft material includes—
(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not:
(b) engines, armaments, ammunition, and bombs and other missiles of any description in, or for use in, aircraft:
(c) any other gear, apparatus, or instruments in, or for use in, aircraft:
airman has the meaning assigned to that term by section 2(1) of the Defence Act 1990
Allied force means a force or part of a force of another country acting in co-operation with a part of the Armed Forces
Armed Forces means the Navy, the Army, and the Air Force collectively; and includes any branch, corps, command, formation, unit, or other part of the Armed Forces; but does not include any part of the cadet forces
armoured fighting vehicle includes a track-based self-propelled gun or missile
Army means the New Zealand Army constituted under section 11(4) of the Defence Act 1990
Army camp has the meaning assigned to that term by section 2(1) of the Defence Act 1990
Authority means the Reconsidering Authority established under section 151
basic pay, in relation to a member of the Armed Forces, means the daily amount payable to the member as determined by the Chief of Defence Force, but excluding allowances
before the enemy, in relation to any person subject to this Act, means that he is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy, or is under orders to be prepared for any action or operation by or against the enemy
cadet forces means the cadet forces raised and maintained under Part 6 of the Defence Act 1990
Chief Judge means the Chief Judge of the Court Martial
Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990
civil court in relation to any offence, means a court exercising ordinary criminal jurisdiction in New Zealand; and includes a court of summary jurisdiction
civil custody means the custody of the Police or other civil authority authorised to retain persons in civil custody; and includes confinement in a civil prison
claim of right has the same meaning as it has in section 2(1) of the Crimes Act 1961
commanding officer—
(a) means—
(v) the officer who is in command of a ship declared by the Chief of Defence Force, the Chief of Navy, the Chief of Army, or the Chief of Air Force to be a service ship:
Commonwealth force means a naval, military, or air force raised in any part of the Commonwealth
competent service authority—
(b) includes any officer, not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force, appointed as a competent service authority by a superior commander; but
corps means such part of the Army as may from time to time be declared by Defence Force Order to be a corps for the purposes of this Act
Court Martial means the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007
decoration means the insignia of any decoration or order, or any medal, clasp, or good conduct badge; and includes any miniature of any of them
defence area has the meaning assigned to that term by section 2(1) of the Defence Act 1990
Defence Force Orders means orders issued under section 206 of this Act or section 27 of the Defence Act 1990
dental practitioner means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry
Deputy Chief Judge means a Deputy Chief Judge of the Court Martial
detachment commander,—
(a) in relation to the Navy, means an officer who is for the time being posted, or authorised by his or her commanding officer to be, in command of—
detainee means a person under a sentence that includes the punishment of detention imposed under this Act by the Court Martial or a disciplinary officer
detention quarter means a building or part of a building set aside under this Act as a detention quarter
Director of Military Prosecutions means the person appointed under section 101E
Discipline Committee means the Armed Forces Discipline Committee established under section 160
dismissed from Her Majesty’s Service, in relation to a member of the Armed Forces sentenced for an offence against this Act, means that he is dismissed from the service to which he belongs; and dismissal from Her Majesty’s Service has a corresponding meaning
enemy has the meaning assigned to that term by section 2(1) of the Defence Act 1990
is liable means is liable on conviction by the Court Martial
joint force means a joint force established under section 12(1) of the Defence Act 1990
Judge Advocate General means the Judge Advocate General of the Armed Forces appointed under section 203
lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor
leading aircraftman includes an aircraftman, a general service hand, and an air force cadet
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
member of the Court Martial means a Judge or a military member
military member, in relation to the Court Martial, means an officer or a warrant officer who is assigned by the Registrar of the Court Martial to be a member of that Court
military tribunal means any of the following:
Minister means the Minister of Defence; and includes any other Minister for the time being lawfully exercising his powers
mutiny means a combination between 2 or more persons subject to service law, or between persons of whom at least 2 are persons subject to service law, to overthrow or resist lawful authority in a part of the Armed Forces or in a force of another country acting in co-operation with a part of the Armed Forces
naval establishment and naval ship have the meanings assigned to those terms by section 2(1) of the Defence Act 1990
Navy means the New Zealand Naval Forces constituted under section 11(3) of the Defence Act 1990
New Zealand force or force has the same meaning as New Zealand force in the section 2(1) of the Defence Act 1990
non-commissioned officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990
oath includes an affirmation; and references to swearing shall be construed accordingly
officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990
part of the Commonwealth means a country (other than New Zealand) which is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible
prescribed means prescribed by this Act, or by rules of procedure or regulations made under this Act, or by regulations made under the Defence Act 1990 or by Defence Force Orders issued under this Act or the Defence Act 1990
president means the president of a court of inquiry
private includes a gunner, trooper, sapper, signalman, driver, or craftsman
provost officer—
(a) means a provost marshal, assistant provost marshal, or other officer of the Navy, the Army, or the Air Force duly appointed to exercise the functions conferred by this Act on a provost officer; and
rank, in relation to any member of the Armed Forces, means the rank held by him for the time being, whether substantive, temporary, acting, or honorary
rating has the meaning assigned to that term by section 2(1) of the Defence Act 1990
record officer means any person who has custody of any records of any of the Armed Forces and whose duty it is to make or record entries in those records or to take extracts from them
Registrar means the Registrar of the Summary Appeal Court
relative rank means the appropriate rank prescribed under section 17 of the Defence Act 1990
rules of procedure means rules of procedure made under section 150
service means either the Navy, the Army, or the Air Force; and, when used adjectivally, means belonging or pertaining to, or connected with, 1 or more of those services or any part of 1 or more of those services
service law includes the provisions of this Act and the law of another country whose forces are acting in co-operation with a part of the Armed Forces which provides for the disciplinary control of that country’s forces
service penal establishment includes—
(b) any prison, naval detention quarters, military or air force prison, detention barrack, corrective training centre, detention room, cell, or similar establishment set aside in New Zealand or elsewhere for the confinement of members of the Armed Forces of an allied force undergoing punishment
service prison means a building or part of a building set aside under this Act as a service prison
service prisoner means a person under a sentence that includes imprisonment imposed under this Act by the Court Martial
service property means any property belonging to the Crown in right of New Zealand; and also includes any other property (whether belonging to the Crown or not) used by or in the possession or under the control of the Armed Forces or an allied force, or a service mess, band, club, institution, or the Armed Forces Canteen Council
ship has the meaning assigned to that term by section 2(1) of the Defence Act 1990
soldier has the meaning assigned to that term by section 2(1) of the Defence Act 1990
stealing has the meaning assigned to that term by section 219 of the Crimes Act 1961
subject to this Act, in relation to any person, means that he is subject to the law established by this Act
subordinate commander means an officer to whom all or any of the powers to act as a disciplinary officer have been delegated under section 106
Summary Appeal Court means the Summary Appeal Court of New Zealand established under section 118
superior officer, in relation to any member of the Armed Forces,—
(c) does not include,—
(i) for the purposes of sections 35, 36, and 38, a midshipman or an officer cadet except if, in the course and for the purposes of the training he or she is undergoing or the instruction he or she is receiving, he or she is posted to a naval ship or he or she is authorised in writing by his or her commanding officer to exercise powers of command:
visiting force has the same meaning as in section 4 of the Visiting Forces Act 2004
warrant officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990.
(2) For the purposes of this Act, in all matters relating to the sailing or handling of a ship or the flying or handling of an aircraft, or affecting the safety of a ship or aircraft every person subject to this Act who is in or near the ship or aircraft shall, whatever his rank or whatever his rank is deemed to be, be under the direction of the person in command of the ship or aircraft, as the case may be, whether the person in command is a member of the Armed Forces or not.
(3) In this Act and in any instrument made under this Act, unless the context otherwise requires, mention of a person by reference to the designation of his office or appointment includes a reference to any person who for the time being is lawfully performing the functions or duties of, or acting in, that office or appointment—
(4) In this Act, a reference to the relationship between rank grades is a reference to the relationship that is to be regarded as existing between those rank grades as prescribed under section 17 of the Defence Act 1990.
(5) In this Act, a reference to this Act includes, unless the context otherwise requires, a reference to the Court Martial Act 2007.
(6) In this Act, a reference to counsel for an accused includes, unless the context otherwise requires, a reference to a member of the Armed Forces who undertakes the defence of an accused in the Court Martial.
(7) If a charge against a person in respect of an offence is tried summarily, or otherwise dealt with, under Part 5 or 5A, the following paragraphs apply for the purposes of references in this Act to conviction, acquittal, sentence or passing sentence, or to any related expressions:
(c) if a disciplinary officer dismisses the charge or finds the accused not guilty on the charge, or the Summary Appeal Court directs a finding of not guilty of having committed the offence to be entered, that must be treated as an acquittal.
Compare: 1950 No 39 s 2; 1950 No 40 s 2; 1954 No 53 s 2; Naval Discipline Act 1957 s 135 (UK)
Section 2(1) able rank: substituted, on 1 January 1986, by section 2(1) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
Section 2(1) Air Force: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Air Force base: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) aircraft: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) airman: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Army: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Army camp: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Authority: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) basic pay: substituted, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) cadet forces: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Chief Judge: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) Chief of Defence Force: inserted, on 28 July 1997, by section 2 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) claim of right: inserted, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).
Section 2(1) colour of right: repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).
Section 2(1) commanding officer: substituted, on 1 July 2009, by section 4(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) competent service authority: substituted, on 1 July 2009, by section 4(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) competent service authority paragraph (ab): inserted, on 7 July 2010, by section 4 of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).
Section 2(1) constable: repealed, on 27 May 1988, by section 2(1) of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).
Section 2(1) controlled drug: inserted, on 1 January 1986, by section 2(4) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
Section 2(1) convening officer: repealed, on 1 July 2009, by section 4(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) corps: amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) Court Martial: substituted, on 1 July 2009, by section 4(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) deal summarily with: repealed, on 1 July 2009, by section 4(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) defence area: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Defence Council: repealed, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) Defence Force Orders: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) dental practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) Deputy Chief Judge: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) detachment commander: substituted, on 1 July 2009, by section 4(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) detainee: substituted, on 1 July 2009, by section 4(6) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) Director of Military Prosecutions: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) disciplinary officer: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) Discipline Committee: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) dismissed from Her Majesty’s Service: amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) enemy: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) is liable: amended, on 1 July 2009, by section 4(7) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) joint force: inserted, on 27 May 1988, by section 2(2) of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).
Section 2(1) joint force: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) joint force: amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) Judge: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) lawyer: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) leading aircraftman: substituted, on 1 January 1986, by section 2(5) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member of the Armed Forces: inserted, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) member of the Court Martial: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) military member: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) military tribunal: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) narcotic: repealed, on 1 January 1986, by section 2(6) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
Section 2(1) naval establishment and naval ship : amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) Navy: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) New Zealand force or force: substituted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).
Section 2(1) non-commissioned officer: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) officer: amended, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) officer exercising summary powers: repealed, on 1 July 2009, by section 4(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) prescribed: substituted, on 28 July 1997, by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
Section 2(1) president: substituted, on 1 July 2009, by section 4(8) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) private: amended, on 1 January 1986, by section 2(7) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
Section 2(1) provost officer: substituted, on 1 July 2009, by section 4(9) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) rank: amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) rating: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).
Section 2(1) Registrar: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) relative rank: inserted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).
Section 2(1) reviewing authority: repealed, on 1 July 2009, by section 4(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) service: amended, on 27 May 1988, by section 2(3) of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).
Section 2(1) service penal establishment: amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) service prisoner: amended, on 1 July 2009, by section 4(10) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) serviceman: repealed, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).
Section 2(1) ship: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).
Section 2(1) soldier: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).
Section 2(1) stealing: amended, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).
Section 2(1) subordinate commander: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) Summary Appeal Court: inserted, on 1 July 2009, by section 4(13) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) superior commander: substituted, on 1 July 2009, by section 4(11) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) superior officer: substituted, on 1 July 2009, by section 4(12) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) try summarily: repealed, on 1 July 2009, by section 4(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(1) visiting force: inserted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).
Section 2(1) warrant officer: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).
Section 2(4): added, on 1 July 2009, by section 4(14) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(5): added, on 1 July 2009, by section 4(14) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(6): added, on 1 July 2009, by section 4(14) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 2(7): added, on 1 July 2009, by section 4(14) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).