(1) The following members of the Navy shall be subject to this Act:

• (a) all officers of the Royal New Zealand Navy, the Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, or the Naval Reserves, or of any additional naval force raised in accordance with section 11(3)(e) of the Defence Act 1990:

• (b) all ratings of the Royal New Zealand Navy:

• (c) all ratings of the Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, or the Naval Reserves who for the time being are—

  • (i) undergoing or required to undergo training, whether in uniform or not; or

  • (ii) performing or required to perform any naval duty, whether in uniform or not; or

  • (iii) in or on any naval ship, aircraft, vehicle, or establishment, or performing any work for the Navy; or

  • (iv) going to or from any place of parade, training, or naval duty; or

  • (v) absent on leave or without leave from any naval ship, aircraft, vehicle, or establishment, or from any work being performed by them for the Navy; or

  • (vi) declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or

  • (vii) called out under any enactment in aid of the civil power; or

  • (viii) called out under any enactment to render assistance in a disaster; or

  • (ix) present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or

  • (x) in uniform:

• (d) all ratings of any additional naval force raised in accordance with section 11(3)(e) of the Defence Act 1990.

(2) The following members of the Army shall be subject to this Act:

• (a) all officers of the Regular Force, the Territorial Force, the Army Reserve, or any additional New Zealand Army force raised in accordance with section 11(4)(d) of the Defence Act 1990:

• (b) all soldiers of the Regular Force:

• (c) all soldiers of the Territorial Force and the Army Reserve who for the time being are—

  • (i) undergoing or required to undergo training, whether in uniform or not; or

  • (ii) performing or required to perform any army duty, whether in uniform or not; or

  • (iii) in or on any army camp, unit, ship, aircraft, or vehicle, or performing any work for the Army; or

  • (iv) going to or from any place of parade, training, or army duty; or

  • (v) absent on leave or without leave from any army camp, unit, ship, aircraft, or vehicle, or from any work being performed by them for the Army; or

  • (vi) declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or

  • (vii) called out under any enactment in aid of the civil power; or

  • (viii) called out under any enactment to render assistance in a disaster; or

  • (ix) present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or

  • (x) in uniform:

• (d) all soldiers of any additional New Zealand army force raised in accordance with section 11(4)(d) of the Defence Act 1990.

(3) The following members of the Air Force shall be subject to this Act:

• (a) all officers of the Regular Air Force, the Territorial Air Force, or the Air Force Reserve, or of any additional air force raised in accordance with section 11(5)(d) of the Defence Act 1990:

• (b) all airmen of the Regular Air Force:

• (c) all airmen of the Territorial Air Force or the Air Force Reserve who for the time being are—

  • (i) undergoing or required to undergo training, whether in uniform or not; or

  • (ii) performing or required to perform any air force duty, whether in uniform or not; or

  • (iii) in or on any Air Force base, unit, ship, aircraft, or vehicle, or performing any work for the Air Force; or

  • (iv) going to or from any place of parade, training, or air force duty; or

  • (v) absent on leave or without leave from any Air Force base, unit, ship, aircraft, or vehicle, or from any work being performed by them for the Air Force; or

  • (vi) declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or

  • (vii) called out under any enactment in aid of the civil power; or

  • (viii) called out under any enactment to render assistance in a disaster; or

  • (ix) present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or

  • (x) in uniform:

• (d) all airmen of any additional air force raised in accordance with section 11(5)(d) of the Defence Act 1990.

A member of the Armed Forces who is temporarily attached to the forces of another country, or who is a member of a United Nations force, shall not cease to be subject to this Act by reason only of his being so temporarily attached.

(1) A member of the armed forces of another State who is attached to the Armed Forces of New Zealand under section 23A of the Defence Act 1990 is, subject to any express provision in the law of that other State to the contrary, subject to this Act.

(2) However, the Governor-General may, by Order in Council,—

• (a) exempt all or any class of the persons specified in subsection (1) from all or any of the provisions of this Act; or

• (b) modify any of the provisions of this Act so far as they relate to all or any class of the persons specified in subsection (1).

(1) Subject to subsection (2), where any person, not otherwise subject to this Act, volunteers or engages for service, training, or exercise with any part of the Armed Forces (not being a person or a member of a class of persons excepted from the provisions of this subsection by Defence Force Order), he shall be subject to this Act during the period of service, training, or exercise.

(2) Subject to any Defence Force Order to the contrary, where, by virtue of this section, this Act applies to a person who is not a member of the Armed Forces, the following provisions shall apply:

• (a) if the person holds a rank in an armed force, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a person holding the corresponding rank in the Armed Forces:

• (b) in any other case, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a rating of able rank or to a private or a leading aircraftman.

(1) Subject to subsection (2), where any person, not otherwise being subject to this Act, is a member of any armed force other than the Armed Forces of New Zealand (not being a force excepted from the provisions of this subsection by Defence Force Order), he shall be subject to this Act during any period when he is under orders to carry out any training or exercise in any defence area or ship or with any unit or other part of the Armed Forces.

(2) Subject to any Defence Force Order to the contrary, where, by virtue of this section, this Act applies to a person who is not a member of the Armed Forces of New Zealand, the following provisions shall apply:

• (a) if the person holds a rank in an armed force, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a person holding the corresponding rank in the Armed Forces:

• (b) in any other case, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a rating of able rank or to a private or a leading aircraftman.

(1) Subject to the provisions of the Geneva Conventions Act 1958 and of subsection (2), a prisoner of war in the custody of any part of the Armed Forces shall be subject to this Act.

(2) The following sections of this Act do not apply to prisoners of war:

• (a) section 28 (cowardly behaviour):

• (b) section 30 (offences in relation to capture by the enemy):

• (c) paragraph (c) of subsection (5) of section 34 (threat of force against a person who is on guard duty or watch):

• (d) section 33 (failure to suppress or report mutiny):

• (e) paragraph (b) of subsection (1) of section 37 (refusing to assist a provost officer or person assisting a provost officer):

• (f) section 47 (desertion).

Where a person (being a person not otherwise subject to this Act) is alleged to have committed an offence against section 26 or section 27, that person shall, on the recording of the allegation in the form of a charge, be deemed to be subject to this Act,—

• (a) until the charge against that person is, on investigation, dismissed by a disciplinary officer; or

• (b) until the disciplinary officer finds that person not guilty on the charge; or

• (ba) until that person is acquitted by the Court Martial; or

• (c) if that person is convicted, until the sentence has been carried out or that person has served his sentence (including any further sentence imposed upon him while serving that sentence) or that person is released in due course of law from any imprisonment or detention imposed under the sentence.

Every person subject to this Act by virtue of section 12 or section 13 shall, for the purposes of this Act, be deemed to be under the command of the commanding officer of the defence area or ship in which, or the unit or other part of the Armed Forces with which, he is for the time being held in custody.

Where any person (being a person who would not, apart from this section, be subject to this Act) is for the time being a passenger in any ship, aircraft, or vehicle of the Armed Forces, whether in New Zealand or elsewhere, that person shall be subject to this Act to such extent as may be prescribed; and the provisions of this Act, subject to such exceptions and modifications as may be prescribed, shall apply to him accordingly.

(1) Subject to subsections (5) to (7), where any New Zealand force is on active service—

• (a) every person employed in the service of that force; and

• (b) every person employed in the service of a part of that force or any member of the force; and

• (c) every person who accompanies the force or any part of it—

shall, while so employed or while accompanying the force or part of the force, as the case may be, be subject to this Act in the same manner and to the same extent as if he were a rating, soldier, or airman, unless there is for the time being in force a certificate issued by the officer commanding that part of the force with which he is employed or which he is accompanying stating that he is entitled to be treated as if he were an officer, in which case he shall, so long as the certificate remains in force, be treated as if he were an officer for the purposes of any proceedings against him for an offence against this Act.

(2) Every person who is subject to this Act by virtue of subsection (1) shall be deemed to be on active service.

(3) Without limiting the provisions of subsection (1), but subject to subsections (4) to (7), any member of a class of persons specified in Schedule 1 who is for the time being within the limits of the command of any officer commanding any New Zealand force outside New Zealand shall, while within those limits, be subject to this Act in the same manner and to the same extent as if he were a rating, soldier, or airman, unless there is for the time being in force a certificate issued by the officer commanding that part of the force with which he is employed or which he is accompanying stating that he is entitled to be treated as if he were an officer, in which case he shall, so long as the certificate remains in force, be treated as an officer for the purposes of any proceedings against him for an offence against this Act.

(4) The provisions of Parts 2 and 3 shall not apply to persons who are subject to this Act by virtue only of subsection (3) except—

• (a) section 37, sections 39 and 40, sections 44 and 45, sections 70, 71, and 74, and subsections (5) and (6) of section 34:

• (b) sections 75 to 77, so far as they relate to offences against those sections specified in paragraph (a) of this subsection:

• (c) sections 78 to 80 and sections 85 to 87A.

(5) Every person to whom subsections (1) and (3) apply shall for the purposes of this Act be deemed to be under the command of any officer who may for the time being be named as that person’s commanding officer by the officer commanding the New Zealand force which is on active service or is outside New Zealand, as the case may be.

(6) All the provisions of this Act relating to arrest, investigation of offences, summary disposal of charges, trial and punishment of offences, and insanity, and, so far as they are applicable, the provisions of Part 11, shall, subject to the modifications specified in subsection (7), and to such orders, not inconsistent with this Act, as may be prescribed by the Chief of Defence Force, apply to those persons who are subject to this Act by virtue of this section.

(7) The modifications to which subsection (6) refers are as follows:

• (a) [Repealed]

• (b) [Repealed]

• (c) [Repealed]

• (d) any person to whom this section applies may, on being convicted of an offence against this Act, be fined a sum not exceeding $3,000 in addition to or instead of any other penalty that may be imposed on him; but no other punishment less severe than imprisonment may be imposed on him:

  provided that where any such person is tried summarily, or otherwise dealt with, under Part 5, no punishment other than a fine not exceeding $1,000, may be imposed:

• (e) if a disciplinary officer finds an accused guilty of a charge, he or she must not record a finding until the accused has been given the right to elect trial by the Court Martial and, if the accused so elects,—

  • (i) a finding must not be recorded; and

  • (ii) the officer must take the steps that are necessary to have the charge tried by the Court Martial:

• (f) the amount of compensation that any such person may be ordered to pay under section 86 must not exceed $1,000, whether the order is made by the Court Martial or a disciplinary officer:

• (g) any such person may be arrested—

  • (i) by a provost officer; or

  • (ii) by a non-commissioned officer exercising authority under a provost officer; or

  • (iii) by any person acting on the order of an officer.

(8) Any certificate issued by an officer under this section may at any time be revoked by that officer or by any other officer of an equivalent or higher rank.

(9) Nothing in this section shall apply to any person who is subject to service law by virtue of any other section of this Act.

(1) Where a member of the Armed Forces—

• (a) is sentenced to a term of imprisonment or detention by the Court Martial or to a term of detention by a disciplinary officer; and

• (b) is by virtue of that sentence deemed to be dismissed from Her Majesty’s Service or is sentenced to dismissal from Her Majesty’s Service or is discharged from the service of the Armed Forces to which he belongs—

he shall remain subject to this Act until he has served the sentence of imprisonment or detention or any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178 or has been released from that imprisonment or detention in due course of law.

(2) Where a person (other than a member of the Armed Forces) who is subject to this Act is sentenced by the Court Martial to a term of imprisonment and serves his sentence in a service penal establishment, he shall remain subject to this Act until he has served the sentence or is released from that imprisonment in due course of law.

(1) Where it is alleged that a person who has ceased to be subject to this Act has committed an offence while he was so subject, he may, subject to section 20, be charged under this Act with the commission of that offence, and the charge may be tried by the Court Martial.

(2) On the recording of the allegation in the form of a charge, the person charged shall be deemed—

• (a) to be a person subject to this Act until the charge is disposed of; and

• (b) to hold the same status and rank as he held immediately before he ceased to be a person subject to this Act.

(3) Where, by virtue of this section, a person is to be deemed to be subject to this Act—

• (a) he is not liable to arrest under this Act except under a warrant; and

• (b) for the purposes of investigation and trial of the charge and his punishment, if convicted, every reference in this Act or in the rules of procedure or in regulations made under this Act, or in orders issued by the Chief of Defence Force, to his commanding officer shall be read as a reference to the officer who, in accordance with any such orders, is deemed to be his commanding officer for those purposes.

(4) Where a person to whom this section applies is convicted by the Court Martial of an offence and sentenced to a term of imprisonment or detention, he shall be deemed to be subject to this Act until he has served his sentence or is lawfully released in due course of law from imprisonment or detention, as the case may be.

Where, by virtue of section 17 or section 18, a person is deemed to be subject to this Act during any term of imprisonment or detention the following provisions shall apply:

• (a) if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Navy, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to a rating of able rank:

• (b) if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Army, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to a soldier holding the rank of private:

• (c) if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Air Force, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to an airman holding the rank of leading aircraftman:

• (d) if, by virtue of subsection (2) of section 17, a person continues to be subject to this Act for the duration of the term of his imprisonment or detention, the provisions of this Act shall apply to him in the same manner and to the same extent as if he were a soldier holding the rank of private.

(1) A charge alleging that a person has committed an offence against this Act may be tried summarily, or otherwise dealt with, under Part 5 or tried by the Court Martial only if it is so tried or dealt with, or referred to the Director of Military Prosecutions, within 3 years after the alleged commission of the offence.

(1A) Subsection (1) is subject to subsections (2) to (6).

(2) Any time during which a person accused of an offence was a prisoner of war, or has been declared by a court of inquiry under section 201 to have been absent without leave or other sufficient reason or was serving a sentence of imprisonment in a civil prison shall not be counted towards completion of the period of 3 years referred to in subsection (1).

(3) Notwithstanding anything to the contrary in this section, where—

• (a) any person subject to this Act is charged with having committed an offence against section 74 in relation to any act or omission which would, if the act or omission had taken place in New Zealand, have constituted a civil offence within the meaning of that section; and

• (b) the Act constituting that civil offence or, if that Act does not so provide, any other Act provides for a limited period within which an indictment or information may be laid in respect of that offence—

that period of limitation shall apply in respect of the person charged with having committed an offence against the said section 74.

(4) A charge alleging that a person who, by virtue of section 18, is to be deemed to be subject to this Act has committed an offence against this Act while he was in fact so subject shall not be tried by the Court Martial unless—

• (a) the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased in fact to be subject to this Act; or

• (b) the offence is against any of the following provisions of this Act:

  • (i) subsection (1) of section 23 (aiding the enemy with intent to assist the enemy):

  • (ii) subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy):

  • (iii) section 26 (spying):

  • (iv) section 32 (mutiny):

  • (v) section 33 (failure to suppress or report a mutiny):

  • (vi) section 47 (desertion):

  • (vii) section 74 (an offence against the civil law of New Zealand).

(5) A charge alleging that a member of the Armed Forces who has ceased to be employed on full-time service has committed an offence against this Act while he was so employed shall not be tried summarily, or otherwise dealt with, under Part 5 or be tried by the Court Martial unless—

• (a) the person is so tried or dealt with or the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased to be so employed; or

• (b) the offence is against any of the following provisions of this Act:

  • (i) subsection (1) of section 23 (aiding the enemy with intent to assist the enemy):

  • (ii) subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy):

  • (iii) section 26 (spying):

  • (iv) section 32 (mutiny):

  • (v) section 33 (failure to suppress or report a mutiny):

  • (vi) section 47 (desertion):

  • (vii) section 74 (an offence against the civil law of New Zealand).

(6) A charge alleging that a person has committed an offence against—

• (a) subsection (1) of section 23 (aiding the enemy with intent to assist the enemy); or

• (b) subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy); or

• (c) section 26 (spying); or

• (d) section 32 (mutiny); or

• (e) section 33 (failure to suppress or report a mutiny); or

• (f) section 47 (desertion)—

may be tried by the Court Martial at any time after the alleged commission of the offence.

(1) Where under this Act a person—

• (a) has been charged with an offence before the Court Martial and has been acquitted or convicted of the offence; or

• (b) has been charged with an offence before a disciplinary officer and the charge was, on investigation, dismissed, or he was acquitted or found guilty of the offence; or

• (c) has had an offence taken into consideration by the Court Martial in sentencing him for another offence—

he shall not subsequently be charged before a civil court with having committed any offence that is substantially the same as the offence of which he was acquitted, convicted, or found guilty or that is substantially the same as the offence contained in the charge that was dismissed, or that is substantially the same as the offence taken into consideration, as the case may be.

(2) Except as provided in subsection (1), nothing in this Act shall restrict the jurisdiction of a civil court to try a charge alleging that a person subject to this Act has committed an offence against any Act other than this Act.

(3) Subsection (4) applies if, whether in New Zealand or elsewhere, a person—

• (a) has been acquitted or convicted by a competent court of ordinary criminal jurisdiction, or by a court-martial or other military tribunal of the armed forces of another State, of an offence against a law in force in the country or place in which that court, court-martial, or tribunal has jurisdiction; or

• (b) has had an offence taken into consideration by that court, court-martial, or tribunal in sentencing him or her for another offence; or

• (c) has been found by that court, court-martial, or tribunal to be unfit to stand trial in relation to an offence and the proceedings against that person in the course of which the finding was made have been stayed.

(4) The person must not subsequently be charged before the Court Martial or before a disciplinary officer with an offence against this Act that is substantially the same as—

• (a) the offence of which he or she was acquitted or convicted; or

• (b) the offence that was taken into consideration; or

• (c) the offence that was the subject of the stayed proceedings.

(5) For the purposes of this section,—

• (a) a reference to an offence that is substantially the same as another offence is a reference to an offence of which the accused could have been convicted, under this Act or otherwise, on the same facts:

• (b) a reference to a person having been convicted by the Court Martial includes a reference to a person in respect of whom that Court found the charge proved but did not convict him or her:

• (c) a reference to a person having been convicted by a competent court of ordinary criminal jurisdiction or by a court-martial or other military tribunal of the armed forces of another State includes a reference to a person in respect of whom that court, court-martial, or tribunal found the charge proved but did not convict him or her:

• (d) a person must not be considered to have had an offence taken into consideration if the sentence passed on him or her is subsequently quashed, or if the decision to take the offence into consideration has been annulled by an appellate court:

• (e) a person is deemed to have been found guilty of an offence by a disciplinary officer even if the finding made by that officer has been quashed or the punishment imposed and any order made by the officer was quashed or varied on appeal.

(1) This section applies if—

• (a) a person has been charged with having committed an offence against this Act and the charge was, on investigation, dismissed, or he or she was acquitted or found guilty of the offence by a disciplinary officer; or

• (b) a person has been acquitted or convicted of an offence by the Court Martial; or

• (c) a person has had an offence taken into consideration by the Court Martial in sentencing him or her for another offence; or

• (d) the proceedings against a person who was charged with having committed an offence against this Act have been stayed under section 101H; or

• (e) a person who was charged with having committed an offence against this Act has been found to be unfit to stand trial and the proceedings against that person in the course of which the finding was made have been stayed.

(2) A subsequent charge alleging that the person committed the offence disposed of in the manner referred to in subsection (1) must not be tried by the Court Martial or tried summarily, or otherwise dealt with, under Part 5.

(3) For the purposes of this section,—

• (a) if a person was convicted of an offence by the Court Martial or found guilty of an offence by a disciplinary officer and the conviction or finding was quashed on appeal, he or she is deemed to have been acquitted of the offence by the Court Martial or the disciplinary officer, unless a new trial of the charge of having committed that offence was ordered by an appellate court:

• (b) a person must not be regarded as having had another offence taken into consideration if the sentence passed on him or her is subsequently quashed, or if the decision to take the offence into consideration has been annulled, by an appellate court.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, with intent to assist the enemy,—

• (a) abandons or surrenders any place or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or

• (b) causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or

• (c) engages in conduct which is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or

• (d) provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or

• (e) harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or

• (f) gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication; or

• (g) interferes with any apparatus used for giving a signal, message, or other communication; or

• (h) when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or

• (i) having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities against New Zealand or against the Armed Forces or any allied force.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, knowingly and without lawful excuse,—

• (a) abandons or surrenders to the enemy any place, or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or

• (b) causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or

• (c) engages in conduct which to his knowledge is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or

• (d) provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or

• (e) harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or

• (f) gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication, so as to be likely to assist the enemy; or

• (g) interferes with any apparatus used for giving a signal, message, or other communication with the result that the enemy is assisted in the prosecution of hostilities against New Zealand; or

• (h) when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or

• (i) having been captured by the enemy—

  • (i) aids the enemy to carry out measures designed to lower the morale of the Armed Forces or any allied force; or

  • (ii) aids the enemy in any other manner whatsoever unless the act is authorised or required by international law or usage.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, with intent to assist the enemy,—

• (a) communicates with or gives intelligence to the enemy; or

• (b) fails to report any information received by him from or about the enemy that would or might be directly or indirectly useful in the prosecution of hostilities against the enemy.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for life, who—

• (a) without authority, communicates with or gives intelligence to the enemy; or

• (b) without lawful excuse, fails to report any information received by him from or about the enemy that to his knowledge would or might be directly or indirectly useful in the prosecution of hostilities against the enemy.

(3) For the purposes of this section, the term intelligence means information that would or might be, or purports to be, directly or indirectly useful to the enemy.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who knowingly, and with knowledge that he is acting without proper authority, communicates to any other person any official information (as defined in section 78A of the Crimes Act 1961), not being official information that is publicly available, or delivers to any other person any object (as defined in that provision of that Act), knowing that the communication of that information or the delivery of that object is likely—

• (a) to prejudice the security or defence of New Zealand; or

• (b) to prejudice the entrusting of information, being information relating directly or indirectly to the security or defence of New Zealand or otherwise of use or interest to the Armed Forces of New Zealand, to the Government of New Zealand on a basis of confidence by—

  • (i) the government of any other country or any agency of such a government; or

  • (ii) any international organisation.

Every person commits an offence, and is liable to imprisonment for life, who, being on board a naval ship outside New Zealand or within a defence area outside New Zealand, spies for the enemy.

Every person commits an offence, and is liable to imprisonment for life, who, being on board a naval ship outside New Zealand or within a defence area outside New Zealand, seduces or endeavours to seduce a member of the Armed Forces from his duty or from his allegiance to Her Majesty the Queen.

Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, when before the enemy, in such a manner as to show cowardice—

• (a) leaves his post or position or any other place of duty where it is his duty to be; or

• (b) abandons his weapons or any other equipment in his charge; or

• (c) by any act or omission, fails to carry out the duty required of him.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for life, who—

• (a) spreads (either orally, or by writing or by signal, or by any other means whatsoever) any report relating to any war or warlike operations in which the Armed Forces or any allied forces are engaged which to his knowledge is likely to create despondency or unnecessary alarm amongst any persons (not being the enemy); or

• (b) when before the enemy, uses words which to his knowledge are likely to create despondency or unnecessary alarm amongst any persons (not being the enemy).

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, when before the enemy, uses words which create or are likely to create despondency or unnecessary alarm amongst any persons (not being the enemy).

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who is captured by the enemy either—

• (a) as a result of failing to take reasonable precautions; or

• (b) by reason of wilful neglect of duty.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, having been captured by the enemy, fails to take reasonable steps to rejoin the Armed Forces.

(3) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, having been captured by the enemy—

• (a) with intent to secure favourable treatment for himself from the enemy,—

  • (i) does any act to the detriment of his fellow prisoners; or

  • (ii) omits to do an act with the result that his fellow prisoners are detrimentally affected; or

• (b) when in a position of authority over other prisoners, ill-treats any of them; or

• (c) discourages or knowingly prevents any other person subject to this Act from taking reasonable steps to rejoin the Armed Forces.

Every person subject to this Act commits the offence of looting, and is liable to imprisonment for life, who—

• (a) steals from, or with intent to steal searches, the person of anyone killed, wounded, or captured in the course of any war or warlike operations in which New Zealand is engaged, or killed, injured, or detained in the course of operations undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil power; or

• (b) steals any property which has been left exposed or unprotected in consequence of any such war or operations as are mentioned in paragraph (a); or

• (c) appropriates, otherwise than on behalf of Her Majesty the Queen in right of New Zealand, any supplies of any description whatsoever captured from or abandoned by the enemy.

Every person subject to this Act commits an offence, and is liable to imprisonment for life, who takes part in any mutiny.

Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, knowing that a mutiny is taking place or is intended,—

• (a) fails to use his utmost efforts to suppress or prevent the mutiny; or

• (b) fails to use his utmost efforts to report forthwith that the mutiny is taking place or is intended.

(1) Every reference in this section to a person on guard duty shall be construed as a reference to a person who is ordered to patrol, or who is a member of a guard or other party mounted or ordered to patrol, or who is posted, for the purpose of—

• (a) protecting any person, place, or premises, or any ship, vehicle, aircraft, weapons, or other equipment or stores; or

• (b) preventing or controlling entry to or departure from any place, premises, ship, vehicle, or aircraft; or

• (c) regulating traffic by land, water, or air.

(2) Every person subject to this Act commits an offence who, while on guard duty or watch—

• (a) sleeps at his post or on watch; or

• (b) not being on duty at a post, sleeps at a time when it is his duty to be awake; or

• (c) is drunk; or

• (d) without lawful excuse, leaves his post or otherwise absents himself from a place where it is his duty to be.

(3) For the purposes of paragraph (c) of subsection (2), a person is drunk if, owing to the influence of alcohol or a drug (not being a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), whether alone or in combination with each other or in combination with any other circumstances, he is unfit to be entrusted with his duty.

(4) Every person who commits an offence against subsection (2) while on active service is liable to imprisonment for life or, if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.

(5) Every person subject to this Act commits an offence who—

• (a) strikes any person (not being an enemy) who is on guard duty or on watch; or

• (b) otherwise than by striking, uses force against any person (not being an enemy) who is on guard duty or on watch; or

• (c) by threat of force, compels any person (not being an enemy) who is on guard duty or on watch to allow him or any other person to pass.

(6) Every person who commits an offence against subsection (5) while on active service is liable to imprisonment for a term not exceeding 10 years or, if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who—

• (a) strikes; or

• (b) otherwise than by striking, uses violence to; or

• (c) offers violence to—

his superior officer.

(2) In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) uses threatening language to his superior officer; or

• (b) uses insubordinate language to his superior officer; or

• (c) uses insulting language to his superior officer; or

• (d) in the presence of his superior officer, behaves with contempt towards him.

(2) In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) obstructs; or

• (b) after being called on to do so, refuses to assist—

a provost officer while acting in the execution of his duty, or a person (whether subject to this Act or not) lawfully exercising authority under or on behalf of a provost officer.

(2) In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was a provost officer or, as the case may be, a person lawfully exercising authority under or on behalf of a provost officer.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who disobeys a lawful command of his superior officer by whatever means communicated to him.

(2) In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who fails to comply with a lawful order of which he has knowledge or of which he could, with reasonable diligence, have had knowledge—

• (a) being a Defence Force Order; or

• (b) being a general, standing, daily, or routine order made for any service, force, command, formation, or corps, or any ship or defence area, or any unit, detachment, or other part of the Armed Forces.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, when in or near any ship or aircraft, fails to comply with a lawful direction given to him by or with the authority of the person in command of the ship or aircraft—

• (a) in relation to the sailing or handling of the ship or flying or handling of the aircraft; or

• (b) affecting the safety of the ship or aircraft—

whether the person in command is a member of the Armed Forces or not.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) strikes; or

• (b) otherwise than by striking, ill-treats—

any other person subject to this Act who holds a lower rank.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) behaves in a cruel manner towards any person, or any animal used for the purposes of the Armed Forces or kept in a state of captivity; or

• (b) behaves in a disgraceful and indecent manner.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who—

• (a) fights any person other than an enemy; or

• (b) uses threatening, insulting, or provocative language to any person not being an enemy; or

• (c) causes a disturbance or behaves in a manner likely to cause a disturbance.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who refuses to obey a member of the Armed Forces who has lawfully ordered him into arrest.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) strikes; or

• (b) otherwise than by striking, uses violence to; or

• (c) offers violence to—

any member of the Armed Forces (whether that member of the Armed Forces is his superior officer or not) who has lawfully ordered him into arrest.

(3) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) strikes; or

• (b) otherwise than by striking, uses violence to; or

• (c) offers violence to—

any person (whether subject to this Act or not) who attempts to arrest him or is holding him in custody pursuant to this Act.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who escapes from custody in which he is being held in accordance with this Act.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 1 year, who, having been released from custody on bail,—

• (a) fails without reasonable excuse to attend personally at the time and before the military tribunal or the Court Martial Appeal Court specified in the grant of bail; or

• (b) fails without reasonable excuse to attend personally at any time and place to which, during the course of the proceedings, the hearing has been adjourned

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, wilfully and without authority, releases or wilfully permits the escape of any person who is committed to his charge or whom it is his duty to guard.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) without authority, releases a person who is committed to his charge or whom it is his duty to guard; or

• (b) without lawful excuse, permits the escape of a person who is committed to his charge or whom it is his duty to guard; or

• (c) with intent to facilitate the escape of any person lawfully detained in a prison or a service penal establishment—

  • (i) conveys or causes to be conveyed into any such prison or establishment any thing whatsoever; or

  • (ii) otherwise facilitates the escape of any person so detained.

(1) Every person subject to this Act who deserts commits an offence, and—

• (a) if the offence is committed on active service or after having been warned for active service, is liable to imprisonment for life; or

• (b) if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 2 years.

(2) For the purposes of this section, the term deserts, in relation to any person subject to this Act, means that—

• (a) with intent to remain permanently absent from duty, he leaves or fails to attend at his place of duty without authority; or

• (b) having left or failed to attend at his place of duty, he behaves in a manner which shows intent to remain permanently absent from duty without authority; or

• (c) having been warned for active service, he is absent from duty without authority, with intent to avoid that service.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 12 months, who absents himself without leave.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without reasonable excuse—

• (a) fails to attend a muster or parade, or for any other service duty; or

• (b) leaves a muster or parade, or stops performing any other service duty, before he is authorised to do so.

(1) Every person subject to this Act commits an offence who—

• (a) falsely represents that he is suffering from any sickness or disability, with intent to avoid service or duty; or

• (b) injures himself with intent to render or keep himself unfit for service or duty; or

• (c) with intent to render or keep himself unfit for service or duty, causes or permits some other person to injure him; or

• (d) with intent to render or keep himself unfit for service or duty, does or fails to do anything by which he produces, prolongs, or aggravates any sickness or disability.

(2) Every person who commits an offence against this section is liable—

• (a) if the offence is committed on active service, to imprisonment for life; or

• (b) if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.

(3) For the purposes of subsection (1), the term unfit includes temporarily unfit.

(1) Every person subject to this Act who is drunk, whether on duty or not, commits an offence, and—

• (a) if the offence is committed on active service, is liable to imprisonment for a term not exceeding 2 years; or

• (b) if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 12 months.

(2) For the purposes of subsection (1), a person is drunk if, owing to the influence of alcohol or a drug (not being a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), whether alone or in combination with each other or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty that he may be required to perform.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, knowingly and without authority, is in possession of alcoholic liquor within the bounds of any naval ship or defence area, or any other place where members of the Armed Forces are quartered, stationed, or serving, or are undergoing exercises or training.

(2) Where any person is convicted of an offence under subsection (1), the liquor in respect of which the offence was committed, together with the receptacles containing it, shall be forfeited to the Crown, and may be disposed of by public auction or private contract as the Chief of Defence Force directs, and the proceeds of the sale shall be paid into an appropriate bank account in accordance with the Public Finance Act 1989.

Every person commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, if having become and remaining subject to this Act, at or before the time of his appointment or enlistment to any part of the Armed Forces—

• (a) knowingly gave a false answer to any question set out in a document required to be completed in connection with his appointment or enlistment; or

• (b) knowingly gave any false information or document in connection with his appointment or enlistment.

(1) Every person subject to this Act for the time being acting as an official commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who corruptly accepts or obtains, agrees, or offers to accept, or attempts to obtain any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 years, who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any person subject to this Act for the time being acting as an official in respect of any act or omission by him in his official capacity.

(3) For the purposes of this section—

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) makes or signs an official document knowing that the document is false in a material particular; or

• (b) makes or signs an entry in an official document knowing that the entry is false in a material particular; or

• (c) makes an alteration to an official document with intent to render the document false in a material particular; or

• (d) fails to make an entry in an official document with intent to render the document false in a material particular; or

• (e) wilfully suppresses, defaces, makes away with, or destroys an official document which he is under a duty to keep or to produce to any person.

(2) For the purposes of this section, the term official document includes a book, record, return, report, map or plan, signal, tape recording, or any form of computer input or output, or any other document or similar material (whether produced mechanically, electronically, or manually, or by any other means whatsoever), which is used by or for the purposes of the Armed Forces.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, in or in connection with or in support of an application for any service grant, payment, allotment of money, allowance, leave of absence, travel warrant, or any other benefit, either for himself or for some other person (whether that person is subject to this Act or not)—

• (a) makes to any person any statement, either written or oral, which he knows to be false or misleading in a material particular; or

• (b) without lawful excuse, fails to disclose any material information that it is his duty to disclose.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who—

• (a) steals—

  • (i) any service property; or

  • (ii) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest; or

• (b) fraudulently misapplies—

  • (i) any service property; or

  • (ii) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.

(2) Where any person is charged with an offence against subsection (1), it shall not be necessary to prove the stealing or fraudulent misapplication of any specific amount of money or any specific goods if, as a result of an examination of any accounts or records, it is proved that there is a general deficiency in any amount of money or in any quantity of goods for which the accused was responsible, and it is also proved that the accused stole or fraudulently misapplied the amount of money or quantity of goods which was deficient, or any part of it.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who receives—

• (a) any service property; or

• (b) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest—

knowing the property to have been stolen or fraudulently misapplied.

(2) The provisions of section 246(2) to (5) of the Crimes Act 1961, with all necessary modifications, shall apply in respect of the receiving by any person subject to this Act of any property to which this section relates.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without authority or other lawful excuse, is in possession of—

• (a) any service property; or

• (b) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, unlawfully and without claim of right, but not so as to be guilty of stealing, takes or converts to his own use or to the use of any other person—

• (a) any motor vehicle, or other vehicle or carriage of any description, or ship, or aircraft, or aircraft material, which belongs to the Crown or to any person subject to service law or in which any person subject to service law has a special property or interest; or

• (b) any part of any such vehicle, carriage, ship, aircraft, or aircraft material; or

• (c) any animal (being an animal capable of being stolen) which belongs to the Crown or to any person subject to service law or in which any person subject to service law has a special property or interest.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, unlawfully and without claim of right, interferes with or gets into or upon any vehicle, carriage, ship, or aircraft referred to in paragraph (a) of subsection (1), or interferes with or gets upon any animal, referred to in paragraph (c) of that subsection.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, without authority or other lawful excuse, wilfully causes or permits damage to or the destruction of—

• (a) any service property; or

• (b) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who negligently causes or permits damage to or the destruction of—

• (a) any service property; or

• (b) any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) loses; or

• (b) wastefully expends—

any service property issued for his use or entrusted to his care in connection with his duties.

(2) In any proceedings in respect of an offence against subsection (1), it is a defence to the charge if the accused proves that he took reasonable steps for the care and preservation of the property to which the proceedings relate.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without the authority of the Minister or the Chief of Defence Force, sells, pawns, exchanges, gives away, or otherwise disposes of any military decoration awarded to him by or with the approval of Her Majesty the Queen, whether in right of New Zealand or otherwise.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, without authority, sells, exchanges, pawns, gives away, or otherwise disposes of any clothing, arms, ammunition, or other equipment issued to him for his own use or for service purposes.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, while responsible for the navigation, control, operation, or propulsion of a ship, aircraft, or armoured fighting vehicle, wilfully and without authority causes or permits the ship, aircraft, or vehicle, as the case may be, to be lost, stranded, or hazarded.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, while responsible for the navigation, control, operation, or propulsion of a ship, aircraft, or armoured fighting vehicle, negligently causes or permits the ship, aircraft, or vehicle, as the case may be, to be lost, stranded, or hazarded.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, while operating, handling, servicing, or storing a ship, aircraft, armoured fighting vehicle, weapon, missile, explosive, or other dangerous thing, which is used by or is under the control of the Armed Forces or an allied force, wilfully and without authority does or omits any act which to his knowledge is likely to cause loss of life or bodily injury to any person other than an enemy (whether loss of life or bodily injury actually occurs or not).

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, while operating, handling, servicing, or storing a ship, aircraft, armoured fighting vehicle, weapon, missile, explosive, or other dangerous thing, which is used by or is under the control of the Armed Forces or an allied force, negligently does or omits any act which he knows, or which having regard to all the circumstances of the case he ought to know, is likely to cause loss of life or bodily injury to any person other than an enemy (whether loss of life or bodily injury actually occurs or not).

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) gives, makes, or signs; or

• (b) makes or signs an entry in—

a certificate, book, record, or other document relating to any matter affecting the safety or efficiency of a service ship, aircraft, armoured fighting vehicle, field gun, or missile which is inaccurate in a material particular, without having taken reasonable care to ensure the accuracy of the certificate, book, record, document, or entry.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, being the driver of a vehicle, whether service property or not—

• (a) drives the vehicle in any place, whether public or otherwise, recklessly or at a speed or in a manner which, having regard to all the circumstances of the case, is or might be dangerous to any person or to the property of any person; or

• (b) drives the vehicle while under the influence of alcohol or of a drug (not being a drug administered by or taken in accordance with the directions of a person lawfully authorised to administer that drug) to such an extent as to be incapable of having proper control of the vehicle.

(2) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who drives a vehicle (whether service property or not) in any place (whether public or otherwise)—

• (a) carelessly; or

• (b) without consideration for persons in or near that place.

(3) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who uses any service vehicle for an unauthorised purpose.

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) makes an accusation against a person subject to service law knowing that accusation to be false; or

• (b) in making a complaint claiming that he has been wronged—

  • (i) makes a statement which detrimentally affects the character of a person subject to service law and which he knows to be false; or

  • (ii) suppresses a material fact with intent to affect detrimentally the character of a person subject to service law.

(1) Every person subject to this Act commits an offence who, being under a duty—

• (a) to take steps to bring any person subject to service law (being a person who is under arrest or in custody for an offence alleged to have been committed against this Act) before the proper authority for investigation of the alleged offence; or

• (b) to investigate, try summarily, or otherwise deal under Part 5 with a charge against any such person or bring any such person before the Court Martial—

without lawful excuse, fails to carry out his duty as soon as practicable after that person has been arrested or taken into custody.

(2) Every person subject to this Act commits an offence who, being under a duty to release or order the release of a person subject to service law who is in custody, without lawful excuse fails to fulfil that duty.

(2A) Every person subject to this Act commits an offence who influences or attempts to influence, by threats or bribes or other improper means, an election under section 117D or 117M or a decision concerning the withdrawal of an election made under either of those sections.

(3) Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 2 years.

(1) Every person who is subject to this Act commits an offence if the person—

• (a) fails without reasonable excuse to comply with a summons or order to attend as a witness before a military tribunal or court of inquiry; or

• (b) refuses to swear an oath when required to do so by a military tribunal or court of inquiry; or

• (c) refuses to produce any papers, documents, records, or things in that person’s possession or under that person’s control that a military tribunal or court of inquiry has lawfully required the person to produce; or

• (d) being a witness, refuses to answer any question that a military tribunal or court of inquiry has lawfully required the person to answer; or

• (e) disobeys or evades any order or direction made or given by a military tribunal or court of inquiry in the course of the hearing of any proceedings before it; or

• (f) wilfully publishes any statement in respect of the proceedings before a military tribunal or court of inquiry that—

  • (i) without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or

  • (ii) is likely to interfere with the proper administration of justice; or

• (g) insults, threatens, or interferes with a disciplinary officer or any member of the Summary Appeal Court, the Court Martial, or a court of inquiry while the disciplinary officer or member is attending, or is on the way to or from, the proceedings before the disciplinary officer, the Summary Appeal Court, the Court Martial, or the court of inquiry; or

• (h) insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings before a military tribunal or court of inquiry while the witness or other person is attending, or is on the way to or from, the proceedings; or

• (i) interrupts the proceedings before a military tribunal or court of inquiry or otherwise misbehaves during the proceedings.

(2) A person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 6 months.

(3) Despite subsection (2), if a person commits an offence against subsection (1)(e) to (i) in relation to the Court Martial, that Court may, by order of the Judge, sentence the person for the offence,—

• (a) in the case of a convicted member of the Armed Forces,—

  • (i) to imprisonment for a term not exceeding 21 days; or

  • (ii) except in the case of an officer, to detention for a term not exceeding 21 days; or

  • (iii) to a fine not exceeding the amount of the person’s basic pay for 28 days; or

• (b) in the case of any other person subject to this Act, to a fine not exceeding $1,000.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, having been sworn as a witness or as an interpreter in proceedings before a military tribunal or a court of inquiry, makes a statement in those proceedings which he knows to be false.

(2) A person shall not be liable to be convicted of an offence against this section on the evidence of only 1 witness as to the falsity of any statement alleged to be false.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, without lawful excuse, refuses or fails to submit himself to medical, surgical, or dental treatment or procedures by a medical practitioner or dental practitioner, as the case may require, after being ordered to do so—

• (a) by a medical or dental officer who is a medical practitioner or dental practitioner; or

• (b) by a competent officer acting on the advice of any such medical or dental officer—

if any such treatment or procedure, whether preventive, protective, or curative, is stated by the medical or dental officer who gives the order or advice to be, in his opinion, essential in the interests of the health of other members of the Armed Forces, or to be such that refusal or failure to submit thereto would constitute a potential menace to the health of other members of the Armed Forces or would prejudice the operational efficiency of any part of the Armed Forces.

(2) In any proceedings in respect of an offence against subsection (1), where the order involves curative surgery, it is a defence to the charge if the accused proves that the provisions of Defence Force Orders relating to the right of a member of the Armed Forces to ask for a second opinion in such cases have not been observed.

(1) Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

• (a) does or omits any act that is likely to prejudice service discipline; or

• (b) does or omits any act that is likely to bring discredit on the service of the Armed Forces to which he belongs or, if he is attached to any such service, either to that service or to the service to which he belongs; or

• (c) negligently fails to perform a duty imposed on him or her by service order, training, or custom; or

• (d) negligently performs a duty imposed on him or her by service order, training, or custom.

(2) No person shall be charged with an offence against this section in respect of any act or omission that constitutes an offence against sections 23 to 72 or sections 74 to 77:

provided that if any person is charged with an offence against this section and is found guilty of the offence, the finding shall not be invalidated by reason only of the charge being in contravention of this subsection, unless it appears that injustice has been done to the person charged by reason of the contravention; but the conduct of the person laying any charge in contravention of this subsection shall not be vindicated by reason of that finding.

(3) Despite anything to the contrary in any enactment or rule of law, if a person is charged with an offence against this section, the statement of offence may allege in the alternative 1 or more of the following:

• (a) that the person behaved in a manner that was likely to prejudice service discipline:

• (b) that the person behaved in a manner that was likely to bring discredit on the service to which he or she belongs or is attached, as the case may be:

• (c) that the person has negligently failed to perform a duty imposed on him or her by service order, training, or custom:

• (d) that the person negligently performed a duty imposed on him or her by service order, training, or custom.

(1) Every person subject to this Act commits an offence against this section who, whether in New Zealand or elsewhere, does or omits any act which would, if done or omitted in New Zealand, be an offence against any Act other than this Act (in this section referred to as a civil offence).

(2) Every person convicted of an offence against this section is liable to be sentenced in accordance with the following provisions:

• (a) if the civil offence is punishable by a fixed punishment, he shall be sentenced to that punishment:

• (b) if the civil offence is punishable by a maximum punishment, he may be sentenced to—

  • (i) a punishment not exceeding that maximum; or

  • (ii) a punishment that, under this Act, is less severe than imprisonment:

    provided that no person found guilty of an offence against this section shall be liable under this paragraph to a fine exceeding the maximum prescribed in respect of the civil offence.

(2A) Notwithstanding anything in subsection (2), no person who is convicted of an offence against this section shall be liable to any punishment of a kind that is not specified in clause 1 of Schedule 2, or clause 1 of Schedule 3.

(3) Where a person is charged with an offence against this section and the corresponding civil offence is one in respect of which, if he were tried for the civil offence before a civil court in New Zealand, that court could convict him of a civil offence other than the one charged, he may nevertheless be convicted of an offence against this section in respect of that other civil offence, and may be sentenced to the punishment prescribed in respect of that other civil offence in accordance with the provisions of subsection (2).

(4) Except with the consent of the Attorney-General, a person subject to this Act may not be tried by the Court Martial for an offence against this section which is alleged to have been committed in New Zealand if the corresponding civil offence is treason, murder, manslaughter, sexual violation, or bigamy.

(5) Where the corresponding civil offence is murder or manslaughter, an offence against this section shall be deemed, for the purposes of subsection (4), to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death.

(6) For the purposes of subsections (4) and (5), the term murder includes inciting, counselling, procuring, aiding, or abetting suicide.

(1) Every person subject to this Act is a party to an offence against this Act who—

• (a) actually commits the offence; or

• (b) does or omits any act for the purpose of aiding any person to commit the offence; or

• (c) abets any person in the commission of the offence; or

• (d) incites, counsels, or procures any person to commit the offence; or

• (e) conspires with 1 or more other persons to commit the offence.

(2) If a person subject to this Act aids, abets, incites, counsels, or procures, or conspires with, any person who is not subject to this Act to do or omit any act which would be an offence against this Act if that person were subject to this Act, the act or omission shall, for the purposes of this section, but for no other purpose, be deemed to be an offence against this Act.

(3) Where 2 or more persons subject to this Act form a common intention to prosecute an unlawful purpose, and to assist each other in that purpose, and one of them commits an offence against this Act, the other or others of them shall be a party or parties to the offence if the offence was committed in the prosecution of the common purpose and the commission of the offence was known by the last-mentioned person or persons to be a probable consequence of the common purpose.

(4) Every person subject to this Act who is, by virtue of paragraphs (b) to (e) of subsection (1), a party to an offence against this Act (whether or not the offence is actually committed) commits an offence, and is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and, in any other case, is liable to the same punishment as if he had actually committed the offence.

(5) Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act of which that other person is afterwards convicted is a party to that offence, although it may have been committed in a way different from that which was incited, counselled, or suggested.

(6) Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act is a party to every offence which that other person commits in consequence of the incitement, counselling, or procurement, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

(7) For the purposes of this section, a person is capable of conspiring with his or her husband, wife, or civil union partner, or with any of them and any other person.

(1) Every person subject to this Act who, having an intent to commit an offence against any provision of this Act, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

(2) The question as to whether an act done or omitted with intent to commit an offence against this Act is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(3) An act done or omitted with intent to commit an offence against this Act may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing intent to commit that offence.

(4) Every person who is convicted of an attempt to commit an offence against this Act is liable to the same punishment as if that person had actually committed the offence.

(1) Every person subject to this Act commits an offence who is an accessory after the fact to any other offence against this Act, and—

• (a) if the maximum punishment for that other offence is imprisonment for life, is liable to imprisonment for a term not exceeding 7 years, and, if the maximum punishment for that other offence is imprisonment for 10 or more years, to imprisonment for a term not exceeding 5 years; and

• (b) in any other case, is liable to not more than half the maximum to which he could have been liable if he had committed that other offence.

(2) For the purposes of this section, an accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

(3) No person subject to this Act who is married or in a civil union and whose spouse or civil union partner has been a party to an offence becomes an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner (or the spouse, civil union partner, and any other person who has been a party to the offence) to escape after arrest or to avoid arrest or conviction.

Subject to the provisions of this Act, the Court Martial has jurisdiction to try any charge against a person subject to this Act in respect of an offence against this Act, whether committed in New Zealand or elsewhere.

Where the Court Martial convicts a person of more than 1 offence or, on convicting a person of 1 or more offences, agrees to take other offences which he admits to have committed into consideration when sentencing him, the Court shall pass only 1 sentence in respect of all the offences of which he has been convicted (including any offences which he has admitted):

provided that the sentence may, subject to the provisions of this Act, include more than 1 of the punishments prescribed by Schedule 2.

(1) Where under this Act a person is liable on conviction by the Court Martial to imprisonment for life or for any other term of imprisonment, the Court may sentence him to imprisonment for any shorter term, being, in the case of a person liable to imprisonment for life, a term not exceeding 14 years, or to 1 or more of the less severe punishments specified in Schedule 2.

(2) [Repealed]

(3) No officer may be sentenced by the Court Martial to detention.

(1) In determining the length of any sentence of imprisonment or detention the Court Martial shall not take into account any period during which the offender has been held in custody but shall specify any such period on the committal order.

(2) This section shall not apply in respect of any time spent in custody that is unrelated to any charge before the Court Martial.

(3) In this section, the term custody means detention in civil custody or under close arrest; but does not include open arrest.

(1) Subject to the provisions of this Part, every officer sentenced by the Court Martial to imprisonment shall be deemed to be dismissed from Her Majesty’s Service.

(2) Where a rating, soldier, or airman is sentenced by the Court Martial to imprisonment, he may also be sentenced to be dismissed from Her Majesty’s Service.

(3) Where a non-commissioned officer is sentenced by the Court Martial to imprisonment or detention (whether or not such sentence includes dismissal from Her Majesty’s Service), he shall be deemed to be reduced to the lowest rank to which he can be reduced, being such rank as may be prescribed.

(4) [Repealed]

(5) If a member of the Armed Forces is sentenced to dismissal from Her Majesty’s Service and also to imprisonment or detention, or is dismissed from Her Majesty’s Service by virtue of subsection (1), the dismissal shall not take effect until he has served the term of imprisonment or detention and any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178.

In no case shall any person be sentenced by the Court Martial to detention for a term exceeding 2 years.

(1) If the Court Martial sentences a member of the Armed Forces to reduction in rank, forfeiture of seniority, or stay of seniority it may reduce his rank, or forfeit or stay his seniority, to such extent and subject to such conditions as may be prescribed by regulations made under this Act.

(2) Where the Court Martial reduces the rank of any member of the Armed Forces convicted by it, it shall specify the period of seniority to be credited to him in the rank to which he is reduced.

(3) Subsections (1) and (2), so far as they are applicable and with any necessary modifications, apply to a reduction in rank or stay of seniority imposed on a person under Part 5 or 5A.

(1) Every fine imposed for an offence against this Act shall be a specified amount of money.

(2) Any fine imposed for an offence against this Act may be recovered from the offender—

• (a) if he is a member of the Armed Forces, by means of deductions from pay in accordance with regulations made under this Act; or

• (b) in the case of any other person subject to this Act who is paid by the Crown in right of New Zealand, by means of deductions from his salary or wages, or from any other emoluments payable to him.

(3) Except when imposing punishment on a person convicted of a civil offence under section 74, the Court Martial shall not impose a fine exceeding—

• (a) in the case of a member of the Armed Forces, an amount equal to his basic pay for 84 days; or

• (b) in the case of any other person, $3,000.

(4) Subsections (1) and (2), so far as they are applicable, apply to a fine imposed on a person by any military tribunal.

(1) Subject to the provisions of this section, on convicting any person for an offence against this Act, the Court Martial may, in addition to or in substitution for any punishment that it has power to impose, order the offender to pay to any person (including the Crown in right of New Zealand) such sum as it thinks just by way of compensation for any emotional harm, or for any loss or destruction of or damage to property, or for any expense, suffered by the last-mentioned person through or by means of the offence.

(2) Where on the arrest of the offender any money was found in his possession, the Court Martial may, in its discretion, if it is satisfied that the money was obtained through or by means of the offence, order the whole or any part of the money to be applied to any such payment.

(3) The provisions of sections 85 (except subsection (3)) and 185 shall apply with respect to any payment ordered under this section as if it were a fine imposed for an offence.

(3A) When determining the amount of compensation to be paid, the Court Martial must take into account any offer, agreement, response, measure, or action as described in section 10 of the Sentencing Act 2002.

(4) Except as provided in subsection (2), the total amount of compensation awarded by the Court Martial shall not exceed—

• (a) in the case of a member of the Armed Forces, an amount equal to his basic pay for 28 days; or

• (b) in the case of any other person, $1,000.

(5) Any order under this section shall not affect the right of any person to recover by civil proceedings any sum in excess of the amount recovered under the order.

(1) Where the Court Martial convicts anyone of an offence against sections 57 to 60 and section 74 (being an offence relating to the unlawful acquisition or possession of property), the Court may, in addition to or in substitution for any punishment that it may impose, order the whole or any part of any such property found in his possession, or in the possession of any other person acting on his behalf, to be delivered to such person as appears to be entitled to it.

(2) If any property (other than money) that appears to the Court Martial to have been obtained by the conversion or exchange of any property unlawfully obtained is found as aforesaid, the Court may order that the property so found be delivered to such person as appears to be entitled to it.

(3) Where an order is made under subsection (1), and it appears to the Court Martial that a purchaser has bought the property in good faith and without knowledge that it was unlawfully acquired or possessed, the Court may order that on the restitution of the property the offender shall pay to the purchaser a sum not exceeding the amount paid by him. The provisions of subsections (2) to (5) of section 86 shall apply to any such order.

(4) Where anyone is convicted of an offence against sections 57 to 60, and it appears to the Court Martial convicting him that the property has been pawned to a pawnbroker, the Court may order the pawnbroker to deliver it to the person appearing to the Court to be entitled to it, either on payment or without payment to the pawnbroker of the amount of the loan or any part of it, as the Court in all the circumstances of the case thinks just:

provided that before an order is made for the delivery of the property without payment to the pawnbroker, he shall be given the opportunity to be heard.

(5) If the person in whose favour any order under subsection (4) is made thereby obtains delivery or possession of the property, he shall not afterwards question the validity of the pawn.

(6) Except as provided in subsection (5), no order made under this section shall have any further effect than to change possession of the property; and no such order shall prejudice any right of property, or any right of action in respect of any property, existing or acquired in it either before or after the offence was committed.

(7) Subsections (4) and (5) shall apply only in respect of pawnbrokers carrying on business in New Zealand, or in places over which New Zealand is for the time being exercising sovereignty, or in respect of pawnbrokers over which New Zealand or the Armed Forces or any part of the Armed Forces has jurisdiction by virtue of any treaty or agreement with the country in which the pawnbrokers are carrying on business.

(1) Where the Court Martial makes an order for compensation under section 86, or an order for restitution under section 87 (with or without compensation under subsection (3) of that section), or convicts anyone of an offence to which subsection (1) of section 26 of the Sale of Goods Act 1908 applies, the operation of that order or the provisions of that subsection shall be suspended to such extent as may be prescribed in the rules of procedure pending—

• (a) the completion of such proceedings; or

• (b) the expiration of such period; or

• (c) the giving of such consent; or

• (d) the occurrence of such event or circumstance—

as may be so prescribed.

(2) Without limiting section 160 of this Act or section 19 of the Court Martial Appeals Act 1953, where the operation of any such order or the operation of the said provisions is so suspended, the order or provisions shall not take effect if the conviction is quashed on review or appeal.

(3) Subsection (1), with any necessary modifications, applies to—

• (a) a finding of guilty made by a disciplinary officer, being a finding to which section 26(1) of the Sale of Goods Act 1908 applies:

• (b) an order for compensation or restitution made by a disciplinary officer under section 86 or 87.

(4) If the operation of an order for compensation or restitution or the operation of section 26(1) of the Sale of Goods Act 1908 is suspended by virtue of subsection (3), the order or provisions must not take effect if the finding of guilty is quashed on appeal.

(5) Subsection (4) does not limit section 134.

(1) A member of the Armed Forces may, without warrant, arrest a person subject to this Act whom he is empowered to arrest in accordance with this section if—

• (a) he finds the person committing an offence against this Act; or

• (b) he has reasonable grounds to suspect that the person is committing or has committed such an offence.

(2) For the purposes of this section—

• (a) an officer is empowered to arrest—

  • (i) a rating, soldier, or airman; or

  • (ii) an officer who is not his superior officer; or

  • (iii) any officer (though of higher rank), if the offence or suspected offence is mutiny or the officer is behaving in a disorderly or violent manner:

• (b) a non-commissioned officer is empowered to arrest—

  • (i) a rating, soldier, or airman who is not his superior officer; or

  • (ii) any rating, soldier, or airman (though of higher rank) if the offence or suspected offence is mutiny or the rating, soldier, or airman is behaving in a disorderly or violent manner:

• (c) a provost officer, or a person lawfully exercising authority under or on behalf of a provost officer, is empowered to arrest any person subject to this Act:

  provided that an officer may be arrested under paragraph (c) only by or on the order of a provost officer.

(3) In the exercise of his power of arrest over a person, a member of the Armed Forces may—

• (a) arrest the person himself; or

• (b) order that person into arrest; or

• (c) give an order for that person’s arrest,—

and it shall be the duty of every member of the Armed Forces to whom any such order has been given to carry out the order forthwith.

(4) A member of a force of another State that is for the time being declared to be serving together with a New Zealand force under section 23B of the Defence Act 1990 has over members of the New Zealand force the powers of arrest of a member of the Armed Forces of a relative rank.

(1) Where the commanding officer of any person subject to this Act, or an officer superior in command to that officer, has reasonable grounds to suspect that that person has committed an offence against this Act, that commanding officer or officer superior in command, as the case may be, may issue a warrant for the arrest of that person.

(2) Every warrant issued under subsection (1) shall specify the name of the person to be arrested and the offence that he is alleged to have committed.

(3) A constable may, in the execution of a warrant issued under subsection (1), arrest the person named in it.

(4) On making any such arrest, the constable shall, as soon as practicable, deliver that person into service custody to be dealt with in accordance with this Act.

(5) Any such warrant may be addressed to all constables and shall be valid if it purports to be issued pursuant to this section.

(6) Any such warrant may be executed by a constable whether it has been delivered to him or not, and on any day of the week.

(7) The provisions of this section are in addition to those of sections 90 to 92.

(1) If the officer commanding a visiting force has reasonable grounds to suspect that a member of the force, a member of its civilian component, or a dependant has committed an offence against the service law of the sending State, the officer may issue a warrant for the arrest of that person.

(2) If a warrant is issued under subsection (1),—

• (a) subsections (2), (3), (5), and (6) of section 89 apply; and

• (b) the warrant must specify the maximum punishment for the offence under the service law of the sending State.

(3) A constable who arrests a person in execution of a warrant issued under subsection (1) must, as soon as practicable, deliver that person into the custody of the visiting force.

(4) The provisions of this section are in addition to those of section 92A.

(1) Where any provost officer or any other member of the Armed Forces, or any person exercising authority under a provost officer or on his behalf, finds any person outside New Zealand committing an offence against section 26 or section 27 (which sections relate to spying and seduction from allegiance), or whom he has reasonable grounds to suspect is committing or has committed any such offence, he may arrest that person without warrant.

(2) On making an arrest under subsection (1), the provost officer, member of the Armed Forces, or person exercising authority under a provost officer shall, as soon as practicable, deliver the arrested person into service custody to be dealt with in accordance with this Act.

(1) Where a constable has reasonable grounds to suspect that a person who has been sentenced under this Act to imprisonment or detention is unlawfully at large, he may arrest that person without warrant.

(2) Where any person serving a sentence of imprisonment or detention imposed under this Act has been temporarily released from that imprisonment or detention in accordance with orders issued by or under the authority of the Chief of Defence Force and a constable has reasonable cause to suspect that that person has failed to comply with any of the conditions subject to which his release was ordered, the constable may arrest him without warrant.

(3) On making any such arrest, the constable shall as soon as practicable deliver the arrested person into service custody or to the officer in charge of the place where he was imprisoned or detained before he escaped or was temporarily released.

(1) Where a constable has reasonable grounds to suspect that any member of the Armed Forces is committing the offence of desertion or absence without leave, he may arrest that member without warrant.

(2) On making an arrest under subsection (1), the constable shall as soon as practicable deliver the member into service custody to be dealt with in accordance with this Act.

(1) If the Government of a State has specifically requested that a person (other than a New Zealand citizen) who is alleged to be illegally absent from the armed forces of the State be apprehended or dealt with under this section by New Zealand authorities,—

• (a) a warrant for the arrest of the person may be issued under section 89 as if the person had committed the offence of desertion or absence without leave under this Act:

• (b) section 89 applies with the necessary modifications:

• (c) the warrant must specify the maximum punishment for the offence under the service law of the sending State.

(2) A person who is delivered into service custody under a warrant issued under subsection (1) must, as soon as practicable, be handed over to the authorities of the other State at such place in New Zealand as may be agreed.

(3) The authorities of the other State into whose custody a person is delivered under this section may detain the person and may remove the person from New Zealand, but nothing in this subsection limits any other powers that the authority may have in relation to the person.

(4) Section 101(3) to (5) does not apply to any person to whom subsection (2) applies.

(1) Notwithstanding anything to the contrary in sections 89, 89A, 91, 92, and 92A, where a constable arrests any person in accordance with any of those sections, he may detain the arrested person at a Police station, or some other place provided for the holding of persons in custody, for such period, but no longer, as may be reasonably necessary to enable the arrested person to be delivered into service custody or, if the arrested person is one to whom section 91 relates, to the officer in charge of the place where he was imprisoned or detained before he escaped or was temporarily released.

(2) Where a person is in service custody when charged with, or with a view to his being charged with, an offence against this Act, it shall be the duty of the prison manager of a prison, or of the person having charge of any Police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody, to receive that person into his custody for a period not exceeding 7 days.

(3) The provisions of subsection (1), with the necessary modifications, apply to any person arrested under section 89A or section 92A.

(4) The provisions of subsection (2), with the necessary modifications, apply to a member of a visiting force, a member of its civilian component, or a dependant who is in the custody of a visiting force when charged with, or with a view to being charged with, an offence against the service law of the sending State.

(1) In this section—

(2) This section applies to every case where any person subject to this Act (in this section referred to as the defendant)—

• (a) is to be tried for an offence by any court of competent jurisdiction in a treaty country, and, by virtue of the treaty or of any order of the court made in accordance with the terms of the treaty, the defendant is to be held in service custody pending his trial; or

• (b) is to be tried for an offence by any court of competent jurisdiction in New Zealand or elsewhere, and the court has ordered the release of the defendant from civil custody pending his trial on an undertaking given by any person authorised in that behalf in accordance with Defence Force Orders to ensure that the defendant appears before the court at the appointed time to answer the charge against him.

(3) In any case to which this section applies, the defendant may be arrested and delivered into service custody, and detained in service custody pending his trial.

(4) Nothing in subsections (3) to (7) of section 101 shall apply in respect of any case to which this section applies.

(5) Except as provided in subsection (4), the provisions of this Part, with all necessary modifications, shall apply where any person is arrested, delivered into service custody, and detained in service custody under this section.

(1) A person to whom this subsection applies may be delivered into service custody and detained in service custody pending his or her trial.

(2) Subsection (1) applies to a member of a visiting force, a member of its civilian component, or a dependant who has been arrested for an offence against—

• (a) the service law of the sending State; or

• (b) the law of New Zealand.

(3) The provisions of subsections (3) to (7) of section 101 do not apply to any person to whom subsection (1) applies.

(1) This section applies if a person is arrested or held in custody by the Police under section 89A or section 92A or section 93B in respect of an offence against the law of another State that is subject to—

• (a) a sentence of death; or

• (b) a punishment that would, if carried out by a member of the Armed Forces of New Zealand, constitute an offence against the Crimes of Torture Act 1989.

(2) If this section applies, the Police must not deliver that person into the custody of the visiting force or, as the case may be, the authorities of the other State without the written consent of the Minister of Justice.

Where any person arrests or searches any person pursuant to this Act, he may use only such force as may be reasonably necessary to carry out the arrest or search.

(1) If a commanding officer has reasonable grounds to suspect that a person subject to this Act has in his possession any property which has been unlawfully obtained or any article or thing which is or may be evidence relating to the commission of an offence (whether against this Act or otherwise), the commanding officer may—

• (a) detain and search that person; or

• (b) search any premises within the limits of his command occupied or used by that person; or

• (c) take possession of any property or any article or thing previously referred to in this subsection, in which event the property, article, or thing shall, subject to this section, be disposed of in accordance with section 99.

(2) The powers conferred on a commanding officer by subsection (1) may be exercised by him personally or by any person authorised or ordered by him in that behalf.

(3) Where any person is authorised or ordered by or under this section to search any premises, he may, so far as it is necessary to do so (but no further), break into those premises and seize any property or any article or thing referred to in subsection (1), and for that purpose may break open any container found on those premises which he has reasonable grounds to suspect contains any such property, article, or thing.

(4) Where, as the result of a search of premises, a person has suffered economic loss by reason of damage to or destruction or loss of any property belonging to him or in which he has a special property or interest, and—

• (a) no evidence of an offence against this Act is found; or

• (b) the suspected offender is acquitted or not proceeded against; or

• (c) the property belongs to a person other than the suspected offender; or

• (d) a person other than the suspected offender has a special property or interest in the property—

the Chief of Defence Force shall, at his option and without further appropriation than this section, either cause the property to be repaired or replaced, or pay to the person suffering the economic loss such amount as he considers necessary to enable that person to have the property repaired or replaced.

(5) For the purposes of this section, the term premises includes any defence area, ship, vehicle, or aircraft.

(1) Where any commanding officer has, in order to discourage smuggling, or trafficking in duty-free goods or in controlled drugs, or illegal possession of controlled drugs, established a checking area or checkpoint within the limits of his command and ordered any member of the Armed Forces under his command to carry out searches, that member may detain and search—

• (a) any person subject to this Act (including any clothing or any other article of any description worn by him) who is within the checking area or about to pass through the checkpoint, as the case may be; or

• (b) any ship, vehicle, or aircraft, or any container, receptacle, or parcel, or any other thing whatsoever, that is in the possession or under the control of any such person who is within the checking area or about to pass through the checkpoint.

(2) If on any such search a member of the Armed Forces has reasonable grounds to suspect that any goods in the possession of the person searched are being smuggled or trafficked, or are controlled drugs, he may take possession of them, in which event they shall be disposed of in accordance with section 99.

The powers conferred on commanding officers by sections 95 and 96 are in addition to the inherent powers of search exercisable by commanding officers under service custom.

(1) Where any person has been arrested in accordance with this Act, the person making the arrest, or any person acting under his direction, may search the arrested person and take from him any thing found on him or in his possession.

(2) Where any person subject to this Act is in service custody, a provost officer, or any other member of the Armed Forces to whose charge that person has been committed, or any person acting under the direction of any such provost officer or other member of the Armed Forces, may search the person in custody and take from him any thing found on him or in his possession.

(3) Subject to subsection (4), where an officer is to be searched pursuant to this Part, that search may be carried out only by or on the order of another officer.

(4) Where a woman is to be searched pursuant to this Part, that search may be carried out only by another woman; and where a man is to be searched pursuant to this Part, that search may be carried out only by another man.

(1) Where any property is taken from the possession of any person as the result of a search carried out under this Part, the following provisions shall apply:

• (a) if the property is not required as evidence in proceedings in respect of an offence against this Act, or if the Court Martial or, as the case may be, a disciplinary officer finds that the property was not used in the commission of any such offence, it shall be returned to the person from whose possession it was taken or to such other person as may lawfully be entitled to it:

• (b) subject to section 87 and except as provided in section 52, any property found by the Court Martial or, as the case may be, a disciplinary officer to be used in the commission of an offence against this Act and appearing to that Court or officer to belong to the offender or to be in his possession with the consent of its owner shall, if the Court or officer so directs, be forfeited to the Crown; and in that event the Chief of Defence Force shall cause the property to be sold either by public auction or private contract, and, on the completion of any such sale, shall cause the proceeds of the sale to be paid into a Crown Bank Account:

provided that if it would, apart from this section, be unlawful to sell the property, or if it appears to the Chief of Defence Force that the property has no value, he shall cause it to be destroyed or to be otherwise disposed of in such manner as he thinks fit.

(2) An order of forfeiture made under subsection (1)(b) must be treated, for the purposes of—

• (a) Part 5A, as a punishment imposed on the offender; and

• (b) an appeal to the Court Martial Appeal Court, as part of the sentence imposed on the offender.

Where a person subject to this Act has been placed under arrest pursuant to this Part, the person ordering the arrest, or, if no such order has been given, the person making the arrest, shall ensure that, as soon as practicable after the arrest, and in any event not later than 24 hours thereafter, the person arrested is informed of the offence for which the arrest was made.

(1) Where any person has been committed to service custody, the person who committed him shall cause to be delivered at the time of the committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, to the person to whose custody the arrested person has been committed a report signed by himself stating the offence that the arrested person is alleged to have committed.

(2) The person to whose custody any such arrested person is committed shall, as soon as practicable after the time of committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, notify in writing to the officer to whom it is his duty to report—

• (a) so far as may be known to him,—

  • (i) the name of the arrested person and the offence that he is alleged to have committed; and

  • (ii) the name and the rank or other description of the person who is making the allegation; and

• (b) if he has received it, the report required by subsection (1).

(3) Where a person subject to this Act has been placed under arrest in respect of any alleged offence, his commanding officer shall, within 48 hours after the arrest, unless it is impracticable to do so, ensure either—

• (a) that proceedings for the hearing and determination of the allegation are set in motion; or

• (b) that he is released from arrest.

(4) If any person subject to this Act remains in service custody after the expiration of 4 days from the date of his or her arrest without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5, his or her commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay.

(5) The commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay at the conclusion of each subsequent period of 8 days, if the person is still held in service custody without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5.

(6) [Repealed]

(7) [Repealed]

(1) This section applies to a person in service custody in relation to whom the Judge Advocate General has received a report under section 101.

(2) The person in service custody is not entitled to bail as of right.

(3) The Judge Advocate General may—

• (a) grant bail to the person in service custody:

• (b) impose any conditions of bail that the Judge Advocate General thinks fit.

(4) In determining whether to grant bail under this section, the Judge Advocate General—

• (a) must take into account the considerations set out in section 8(1) and (3) of the Bail Act 2000 and all of the following considerations:

  • (i) the seriousness of the alleged offence:

  • (ii) whether there are urgent and exceptional circumstances that favour the grant of bail:

  • (iii) the effect on service discipline of remanding the person on bail; and

• (b) may take into account the considerations set out in section 8(2) of the Bail Act 2000; and

• (c) must not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

(1) A Judge may issue a warrant in the prescribed form for the arrest of a person who has been released on bail under section 101A if—

• (a) the Judge is satisfied by evidence on oath that—

  • (i) for the person has absconded or is about to abscond for the purpose of evading justice; or

  • (ii) the person has contravened or failed to comply with any condition of bail; or

• (b) the person—

  • (i) does not attend personally at the time and place specified in the grant of bail; or

  • (ii) does not attend personally at any time and place to which, during the course of the proceedings, the hearing has been adjourned.

(2) The warrant—

• (a) must be directed to every provost officer and every constable; and

• (b) may be executed by—

  • (i) a provost officer:

  • (ii) a person lawfully exercising authority under or on behalf of a provost officer:

  • (iii) a constable.

(3) For the purpose of executing the warrant, a person referred to in subsection (2)(b) may, at any time, enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the person against whom the warrant is issued is on those premises.

(4) The person executing the warrant—

• (a) must have the warrant with him or her; and

• (b) must produce it on initial entry and, if requested, at any subsequent time; and

• (c) if he or she is not in uniform, produce evidence that he or she is one of the persons referred to in subsection (2)(b).

(1) A person who is arrested under a warrant issued under section 101B must be brought before the Judge Advocate General as soon as possible.

(2) The Judge Advocate General must reconsider the question of bail if satisfied that the person—

• (a) had absconded or was about to abscond; or

• (b) had contravened or failed to comply with any condition of bail.

(1) A midshipman, an officer cadet, or a chaplain may not—

• (a) exercise the powers of arrest conferred by section 88 or 90; or

• (b) issue or execute a warrant for arrest under section 89.

(2) A chaplain may not be—

• (a) ordered to arrest a person subject to this Act under any of sections 88, 89, and 90; or

• (b) ordered to carry out a search under section 96; or

• (c) directed to search any arrested person under section 98.

(3) A chaplain may not be authorised or ordered by a commanding officer to exercise any of the powers conferred on a commanding officer by section 95(1).

(1) The Governor-General may, by warrant, appoint the Director of Military Prosecutions.

(2) A person must not be appointed under subsection (1) unless he or she—

• (a) is an officer; and

• (b) has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years.

(3) The Chief of Defence Force must arrange for notice of an appointment under subsection (1) to be published in the Gazette as soon as practicable after the appointment.

The functions and duties of the Director of Military Prosecutions are—

• (a) to determine whether an accused is to be committed for trial in the Court Martial:

• (b) to decide on what charge an accused should be tried:

• (c) to prepare and certify the charge sheet or charge sheets against an accused:

• (d) to give a copy of the certified charge sheet to the accused (including any amended charge sheet so certified):

• (e) to lay the charge sheet or charge sheets before the Registrar of the Court Martial:

• (f) if 2 or more persons are accused, to direct whether they are to be tried jointly or separately:

• (g) to appoint counsel for the prosecution:

• (h) to perform any other functions or duties imposed by this Act or any other enactment.

(1) The Director of Military Prosecutions may direct a provost officer to—

• (a) investigate any matter that the Director considers to be relevant to a charge referred to the Director; or

• (b) arrange the investigation of that matter.

(2) A provost officer must comply with a direction given under subsection (1).

(1) The Director of Military Prosecutions may, on the application of a disciplinary officer or on his or her own motion, issue an order that the proceedings against an accused under this Act be stayed for the period that he or she thinks fit.

(2) The Director of Military Prosecutions must provide a copy of the order, together with his or her written reasons for the stay, to—

• (a) the Solicitor-General; and

• (b) the disciplinary officer; and

• (c) the accused in question.

(1) In performing his or her functions and duties, and exercising his or her powers, the Director of Military Prosecutions is not subject to—

• (a) the control of the Minister; or

• (b) the command of any other officer.

(2) Subsection (1) applies despite sections 7 and 8 of the Defence Act 1990.

(3) To avoid doubt, subsection (1) does not limit or affect the command relationship that exists between the Director of Military Prosecutions and any member of the Armed Forces in respect of any of the Director’s functions and duties other than those that are specified in section 101F.

The Director of Military Prosecutions must, not later than 30 June in each year, report to the Attorney-General on the performance of any functions and duties, and the exercise of any powers, imposed or conferred on the Director under this Act.

(1) In performing functions or duties, or exercising powers, imposed or conferred by this Act, by the Court Martial Act 2007, or by the Court Martial Appeals Act 1953, the Director of Military Prosecutions must act under the general supervision of the Solicitor-General in the same manner and to the same extent as a Crown Solicitor.

(2) However, subsection (1) does not apply if the Director of Military Prosecutions considers that compliance with that subsection is or would be inconsistent with any provisions of this Act, the Court Martial Act 2007, or the Court Martial Appeals Act 1953.

(1) The Director of Military Prosecutions may, in writing, either generally or particularly, delegate any of the functions, duties, and powers of the Director under this Act, except this power of delegation, to a person who—

• (a) is an officer; and

• (b) has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years.

(2) Subject to any general or special directions given or conditions imposed by the Director of Military Prosecutions, the person to whom any functions, duties, or powers are delegated under this section may perform and exercise them in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(3) The power of the Director of Military Prosecutions to delegate under this section does not limit any power of delegation conferred on the Director by any other Act or prevent the Director delegating to any other person, under that power, any of the functions, duties, and powers of the Director under this Act.

(4) Every person who appears to he acting under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(5) A delegation under this section does not—

• (a) affect or prevent the exercise of any power or the performance of any function or duty by the Director of Military Prosecutions; or

• (b) affect the responsibility of the Director of Military Prosecutions for the actions of any person acting under the delegation.