This Act is administered by the New Zealand Defence Force.
1 Title
2 Commencement
3 Principal Act amended
Amendments to preliminary provisions of principal Act
4 Interpretation
5 Special provisions relating to the interpretation, etc, of Part 2
Amendments to Part 1 (jurisdiction) of principal Act
6 Section 7 repealed
7 Members of other forces attached to Armed Forces under section 23A of Defence Act 1990
8 Spies, etc
9 Certain civilians closely associated with Armed Forces subject to this Act
10 Certain persons sentenced under this Act to remain subject to this Act
11 Trial and punishment of person who has ceased to be subject to this Act
12 Limitation a time within which charges may be dealt with summarily or tried under this Act
13 Person may not be tried under this Act and under the civil law in respect of same act or omission
14 New section 22 substituted
22 Persons cannot be tried under this Act for offences already disposed of
Amendments to Part 2 (offences) of principal Act
15 New section 45A inserted
45A Failure to answer bail
16 Delay or denial of justice
17 New section 70 substituted
70 Offences relating to proceedings of military tribunal or court of inquiry
18 False evidence
19 Conduct prejudicial to service discipline
20 Offences against the civil law of New Zealand
Amendments to Part 3 (jurisdiction of courts-martial and punishment of offenders) of principal Act
21 Heading to Part 3 amended
22 Jurisdiction of courts-martial
23 Court-martial to pass one sentence only
24 Discretion of court-martial as to punishment
25 Effect of period spent in custody before being sentenced
26 Dismissal from service and reduction in rank
27 Maximum term of detention
28 Reduction in rank and forfeiture and stay of seniority of service
29 Punishment by fine
30 Compensation for loss of, or damage to, property
31 Restitution of property
32 Suspension of compensation and restitution orders made by courts-martial, etc
Amendments to Part 4 (arrest and search) of principal Act
33 Disposal of property taken in search
34 Delay in dealing with person after arrest
35 New sections 101A to 101D inserted
101A Judge Advocate General may grant bail pending trial
101B Issue of warrant to arrest person absconding or breaching bail condition
101C Person arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General
101D Restrictions in relation to midshipmen, officer cadets, and chaplains
New Part 4A inserted
36 New Part 4A inserted
Part 4ADirector of Military Prosecutions
101E Appointment of Director of Military Prosecutions
101F Functions and duties of Director of Military Prosecutions
101G Power of Director of Military Prosecutions to direct investigation
101H Power of Director of Military Prosecutions to stay proceedings
101I Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command
101J Director of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers
101K Director of Military Prosecutions must act under general supervision of Solicitor-General
101L Delegation of functions, duties, or powers of Director of Military Prosecutions
New Part 5 substituted
37 New Part 5 substituted
Part 5Investigation and summary trial of charges
Subpart 1—General provisions
102 Investigation of charges
103 Disposal of charges by commanding officers
104 Disposal of charges by superior commanders
105 Disposal of charges by detachment commanders
106 Disposal of charges by subordinate commanders
107 Effect of delegation
When officer is empowered to act as disciplinary officer
108 Officer is empowered to act as disciplinary officer
Subpart 2—Preliminary procedures and investigation of charges
Initial referral of charges
109 Charge must be referred to subordinate commander in certain circumstances
110 Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances—
111 Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
Certification and amendment of charges
112 Charge must be certified if disciplinary officer may impose certain punishments
113 Amendment of charge
Assignment of defending and presenting officers
114 Assistance to accused
115 Assignment of presenting officer
Arraignment
116 Arraignment by disciplinary officer
Plea of guilty
117 Plea of guilty
117A Subordinate commander may punish accused or refer charge to commanding officer or detachment commander
117B Commanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters
117C Consideration of whether accused who pleads guilty should be given right to elect trial by Court Martial
117D Accused who pleads guilty must be informed if he or she has right to elect trial by Court Martial
117E Accused who pleads guilty must be punished in certain circumstances
117F Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
Other matters relating to pleas
117G Procedure following mixed pleas
117H Change or amendment of plea
Investigation following plea of not guilty
117I Procedure following plea of not guilty
117J Disciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge
Disciplinary officer must consider certain matters
117K Disciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer
Right to elect trial by Court Martial
117L Disciplinary officer must consider whether accused should be given right to elect trial by Court Martial
117M Disciplinary officer must inform accused if accused has right to elect trial by Court Martial
117N Disciplinary officer must remand accused for trial in Court Martial or try charge summarily
Subpart 3—Trying charges summarily
117O Disciplinary officer must advise accused and hear evidence on behalf of accused
117P Presenting officer and disciplinary officer may call or recall witnesses
117Q Disciplinary officer must determine whether accused is guilty or not guilty
Subpart 4—Punishment
117R Procedures to be followed before imposing punishment
117S Disciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender
117T Order to come up for punishment if called on
117U Offender to come up for punishment
Summary punishments
117V Types and maximum amounts of summary punishments
117W Certain punishments must not be imposed unless offender was given right to elect trial by Court Martial
117X Punishment must be imposed for all offences of which person is found guilty
117Y Provisions relating to punishment of detention
117Z Reduction of punishments
Compensation and restitution
117ZA Orders for compensation and restitution
Subpart 5—Miscellaneous matters
Rights under New Zealand Bill of Rights Act 1990
117ZB Accused deemed to have waived certain rights in certain circumstances
117ZC Implications of election must be explained to accused
117ZD Accused does not have certain rights if accused is tried summarily or otherwise dealt with under this Part
Recording of proceedings
117ZE Recording proceedings before disciplinary officer
Referral of charges
117ZF Referral of charge must include referral of related charges
117ZG Documents and information to be provided to accused and Director of Military Prosecutions
117ZH Reference back of charge by Director of Military Prosecutions
117ZI Director of Military Prosecutions may lay charge before Court Martial
Procedures for certain persons
117ZJ Procedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains
Evidence
117ZK Relevant evidence admissible unless excluded
117ZL Taking of evidence on oath
117ZM Admission in evidence of written statements instead of oral evidence
117ZN Disciplinary officers and Summary Appeal Court to take judicial notice of certain matters
Other miscellaneous matters
117ZO General power to make orders or give directions
117ZP Construction of charges
117ZQ Replacement of disciplinary officer
117ZR Objection relating to personal interest
New Part 5A inserted
38 New Part 5A inserted
Part 5ASummary Appeal Court of New Zealand
Establishment of Summary Appeal Court of New Zealand
118 Summary Appeal Court of New Zealand established
119 Constitution of Summary Appeal Court
120 Summary Appeal Court must sit in divisions
121 Registrar, clerks, and other officers of Summary Appeal Court
122 Chief Judge may delegate to Registrar duty to assign Judges
123 Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court
Right of appeal
124 Right of appeal
125 Notice of appeal
126 Registrar and disciplinary officer must provide copies of documents
127 Abandonment of appeal
128 Effect of appeal on punishments and orders
Special reference by Judge Advocate General
129 Special references to Summary Appeal Court
130 Person found guilty must be informed of reference and may comment
Powers of Summary Appeal Court
131 Appeals to proceed by way of rehearing and general power of Summary Appeal Court
132 Power of Summary Appeal Court in respect of finding of guilty
133 Power of Summary Appeal Court in respect of punishments
134 Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on
135 Supplementary powers of Summary Appeal Court
Decisions of Summary Appeal Court
136 Decisions of Summary Appeal Court final
Sittings of Summary Appeal Court
137 Sittings of Summary Appeal Court
138 When Summary Appeal Court must hold proceedings in closed court
139 Summary Appeal Court may limit scope of open court
Miscellaneous procedural provisions
140 Right of appellant to present his or her case in writing and restricted right of appellant to be present
141 Defence of appeals and representation of appellant
142 Costs of appeal
143 Removal of prisoners for purposes of proceedings under this Part
144 Duties of Registrar with respect to appeals
Amendments to Part 7 (provisions relating to evidence and procedure generally) of principal Act
39 New heading to Part 7 substituted
40 New section 145 substituted
145 Application of sections 139 to 141 of Criminal Justice Act 1985 to proceedings under this Act
41 Sections 146 and 147 repealed
42 Section 149 repealed
43 New sections 150 to 150G substituted
Rules of procedure
150 Rules of procedure
Protection from civil liability, privileges, and immunities
150A Protection from civil liability
150B Privileges and immunities of witnesses and of certain other persons appearing before military tribunals and courts of inquiry
Power to summon witnesses
150C Power to summon witnesses
150D Service of summons
Contempt
150E Contempt of military tribunal or court of inquiry
150F District Court may deal with person who has committed contempt
150G Contempt by counsel
New Parts 8 and 8A substituted
44 New Parts 8 and 8A substituted
Part 8Reconsideration of sentences of imprisonment or detention
151 Reconsidering Authority established
152 Functions and powers of Authority
153 Petition for reconsideration
154 Authority must consider petition for reconsideration
155 Procedure for reconsideration
156 Authority may call for written reports and hear evidence
157 Authority may regulate its procedure
158 Power of Authority to remit whole or part of sentence
159 Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority
Part 8AArmed Forces Discipline Committee
Establishment of Armed Forces Discipline Committee
160 Armed Forces Discipline Committee established
161 Purpose of Discipline Committee
162 Functions of Discipline Committee
163 Chief of Defence Force must publish sentencing guidelines
Administrative provisions relating to Discipline Committee
164 Appointed member
165 Remuneration of members
166 Procedure of Discipline Committee generally
166A Quorum for meetings
166B Other procedure at meetings
166C Voting at meetings
166D Protection from liability
Amendments to Part 9 (provisions relating to carrying out of punishments) of principal Act
45 Manner in which sentences of imprisonment and detention are to be served
46 Committal, removal, release, etc., of members of the Armed Forces serving imprisonment or detention
47 Places in which sentences of imprisonment or detention may be served
48 Imprisonment and detention of members of other forces attached to Armed Forces
49 Imprisonment and detention of members of Armed Forces attached to other forces
50 Establishment and regulation of service prisons and detention quarters
51 Commencement of sentences
52 Effect of period spent in custody before being sentenced
53 Consecutive sentences
54 Limitation of term of detention under one or more sentences
55 Sections 181 to 183 and heading above section 181 repealed
56 Recovery in District Court of fines imposed under this Act
57 Compensation to victims of offences occasioning physical harm
Amendments to Part 10 (special provisions for dealing with mentally impaired persons) of principal Act
58 Interpretation of terms used in this Part
59 When court may find accused unfit to stand trial
60 Determining if accused unfit to stand trial
61 Court may postpone finding as to unfitness to stand trial
62 Finding of insanity
63 Order to be made if person unfit to stand trial or insane
64 Duration of order for detention as special patient where defendant unfit to stand trial
65 Duration of order for detention as special patient when person acquitted on account of his insanity
66 Power of court-martial to commit to hospital on conviction
67 Sections 197 and 198 repealed
Amendments to Part 11 (miscellaneous provisions) of principal Act
68 New sections 200 to 200T substituted
200 Interpretation
200A Courts of inquiry may be assembled
200B Composition of court of inquiry
200C Order assembling court of inquiry
200D Rank and seniority of members
200E Terms of reference
200F Court of inquiry to sit in private
200G Assembly and procedure
200H Sittings of court of inquiry
200I Attendance of witnesses
200J Witness to be sworn
200K Collecting and recording of evidence
200L Interpreters and recorders
200M Procedure if conduct of superior officer may be in question
200N Rights of person who may be affected by inquiry
200O Matters president must take into account in determining whether person affected by inquiry may be legally represented
200P What happens if person affected by inquiry wishes to call witness
200Q Exhibits
200R Signing and dispatch of record of proceedings
200S Admissibility of record of proceedings, etc
200T Record of proceedings not to be disclosed
69 Inquiry on absence of member of the Armed Forces
70 Pay, service, and effects of deserters and absentees
71 Appointment and functions of Judge Advocate General
72 Deputy Judge Advocate General
73 Heading above section 205 amended
74 Regulations
75 Chief of Defence Force orders
76 Schedule 2 amended
77 Schedule 3 amended
78 New Schedules 4 and 5 substituted
79 Schedule 6 repealed
80 Revocation
81 Amendments to other enactments
Transitional provisions
82 Continuation of proceedings under Part 5
83 Charges in relation to conduct before commencement of this section
Schedule 1New Schedules 4 and 5 of principal Act substituted
Schedule 2Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: