Armed Forces Discipline Act 1971

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Version as at 28 October 2021

Armed Forces Discipline Act 1971

Public Act		1971 No 53
Date of assent		12 November 1971
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Defence.

	Title
1	Short Title and commencement
2	Interpretation
3	Special provisions relating to the interpretation, etc, of Part 2
4	Extraterritorial operation of this Act
5	Active service
5A	Transitional, savings, and related provisions
5B	Act binds the Crown
	Part 1 Jurisdiction
6	Persons in the Navy, the Army, and the Air Force
7	Provisions of Act may be modified, etc, in relation to certain classes of persons [Repealed]
8	Members of the Armed Forces attached to forces of another country remain subject to this Act
9	Members of other forces attached to Armed Forces under section 23A of Defence Act 1990
10	Volunteers
11	Trainees
12	Prisoners of war
13	Spies, etc
14	Commanding officer in relation to prisoners of war and spies
15	Application of Act to passengers in HM ships, aircraft, and vehicles
16	Certain civilians closely associated with Armed Forces subject to this Act
17	Certain persons sentenced under this Act to remain subject to this Act
18	Trial and punishment of person who has ceased to be subject to this Act
19	Status and rank of person deemed to be subject to this Act when imprisoned or detained
20	Limitation of time within which charges may be dealt with summarily or tried under this Act
21	Person may not be tried under this Act and under the civil law in respect of same act or omission
22	Persons cannot be tried under this Act for offences already disposed of
	Part 2 Offences
	Offences involving treachery, cowardice, and looting
23	Aiding the enemy
24	Communication with the enemy
25	Unauthorised disclosure of information
26	Spying in ships or establishments abroad
27	Seduction from duty or allegiance
28	Cowardly behaviour
29	Offence to create alarm or despondency
30	Offences in relation to capture by the enemy
31	Looting
	Offences involving mutiny
32	Mutiny
33	Failure to suppress or report mutiny
	Offences involving guard duty, violence, and insubordination
34	Offences by or in relation to a person on guard duty or on watch
35	Violence to a superior officer
36	Insubordinate behaviour
37	Obstruction of provost officers
38	Disobeying a lawful command
39	Failure to comply with written orders
40	Failure to comply with directions given by the captain of a ship or aircraft
41	Ill-treatment of person of lower rank
42	Cruel or disgraceful conduct
43	Fighting or causing a disturbance
	Offences relating to arrest and escape from custody
44	Resisting arrest
45	Escape from custody
45A	Failure to answer bail
46	Permitting the escape of prisoners
	Desertion, absence, and malingering
47	Desertion
48	Absence without leave
49	Avoidance of duty
50	Malingering
	Offences involving alcohol and drugs
51	Drunkenness and being under the influence of drugs
52	Being in possession of alcohol in a ship, establishment, camp, or base
	False statements, documents, and corruption
53	False statements on appointment or enlistment
54	Official corruption
55	Falsification of service documents
56	False statement in order to obtain benefit
	Offences relating to property
57	Stealing service property or property of comrade
58	Receiving service property or property of comrade
59	Unlawful possession of service property or property of comrade
60	Conversion of vehicles, etc
61	Destruction of or damage to service property or property of comrade
62	Loss of service property
63	Improper disposal of decorations and issued property
	Offences involving ships, aircraft, vehicles, etc
64	Losing or hazarding a ship, aircraft, or armoured fighting vehicle
65	Dangerous acts or omissions
66	Inaccurate certification
67	Offences in relation to the driving of vehicles
	Offences relating to judicial proceedings, etc
68	False accusation
69	Delay or denial of justice
70	Offences relating to proceedings of military tribunal or court of inquiry
71	False evidence
	Miscellaneous offences
72	Endangering the health of members of the Armed Forces
73	Conduct prejudicial to service discipline
74	Offences against the civil law of New Zealand
	Parties, accessories, and attempts
75	Parties to the commission of offences against this Act
76	Attempts to commit offences against this Act
77	Accessories after the fact
	Part 3 Jurisdiction of Court Martial and punishment of offenders
78	Jurisdiction of Court Martial
79	Court Martial to pass 1 sentence only
80	Discretion of Court Martial as to punishment
81	Consent of Governor-General required before sentence of death can be carried out [Repealed]
81A	Effect of period spent in custody before being sentenced
82	Dismissal from service and reduction in rank
83	Maximum term of detention
84	Reduction in rank and forfeiture and stay of seniority of service
85	Punishment by fine
86	Compensation for loss of or damage to property
87	Restitution of property
87A	Suspension of compensation and restitution orders made by Court Martial, etc
	Part 4 Arrest and search
88	Arrest without warrant
89	Arrest under warrant
89A	Arrest of members of visiting forces
90	Arrest of spies, etc, abroad
91	Arrest of person unlawfully at large
92	Arrest of deserters and absentees
92A	Arrest of deserters from other armed forces
93	Detention in civil custody of arrested persons
93A	Detention in service custody of person charged by civil authority
93B	Detention in service custody of members of visiting force
93C	Police not to deliver custody of arrested person without consent of Minister of Justice in certain cases
94	Reasonable force may be used to arrest or search
95	Search in connection with suspected offence
96	Searches to prevent smuggling, etc
97	Customary powers of search not affected
98	Search of person in service custody, etc
99	Disposal of property taken in search
100	Duty of persons arresting
101	Delay in dealing with person after arrest
101A	Judge Advocate General may grant bail pending trial
101B	Issue of warrant to arrest person absconding or breaching bail condition
101C	Person arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General
101D	Restrictions in relation to midshipmen, officer cadets, and chaplains
	Part 4A Director of Military Prosecutions
101E	Appointment of Director of Military Prosecutions
101F	Functions and duties of Director of Military Prosecutions
101G	Power of Director of Military Prosecutions to direct investigation
101H	Power of Director of Military Prosecutions to stay proceedings
101I	Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command
101J	Director of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers
101K	Director of Military Prosecutions must act under general supervision of Solicitor-General
101L	Delegation of functions, duties, or powers of Director of Military Prosecutions
	Part 5 Investigation and summary trial of charges
	Subpart 1—General provisions
102	Investigation of charges
102A	Commanding officer must determine whether offence is specified offence
103	Disposal of charges by commanding officers
104	Disposal of charges by superior commanders
105	Disposal of charges by detachment commanders
106	Disposal of charges by subordinate commanders
106A	Suspension of compensation and restitution orders made summarily, etc [Repealed]
107	Effect of delegation
	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 or make certain compensation orders
113	Amendment of charge
	Assignment of defending and presenting officers
114	Assistance to accused
115	Assignment of presenting officer
115A	Punishments of detention may be suspended [Repealed]
	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
117ZIA	Director to determine whether offence is specified offence
	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
	Part 5A Summary Appeal Court of New Zealand
	Establishment of Summary Appeal Court of New Zealand
118	Summary Appeal Court of New Zealand established
119	Constitution of Summary Appeal Court
120	Summary Appeal Court must sit in divisions
121	Registrar, clerks, and other officers of Summary Appeal Court
122	Chief Judge may delegate to Registrar duty to assign Judges
123	Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court
	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
	Sittings, etc, of courts-martial [Repealed]
128	Effect of appeal on punishments and orders
	Special reference by Judge Advocate General
129	Special references to Summary Appeal Court
130	Person found guilty must be informed of reference and may comment
	Powers of Summary Appeal Court
131	Appeals to proceed by way of rehearing and general power of Summary Appeal Court
131A	Special provisions in cases involving sexual violation [Repealed]
132	Power of Summary Appeal Court in respect of finding of guilty
	Findings, etc, of courts-martial [Repealed]
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
	Contempt of courts-martial [Repealed]
144	Duties of Registrar with respect to appeals
	Part 6 Courts-martial [Repealed]
	Part 7 Other provisions relating to proceedings generally
145	Application of subpart 3 of Part 5 of the Criminal Procedure Act 2011 to proceedings under this Act
146	Witnesses may be compelled to attend courts-martial, etc [Repealed]
147	Evidence in proceedings under this Act [Repealed]
148	Evidence of civil conviction or acquittal
149	Evidence of proceedings of court-martial [Repealed]
	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
	Part 8 Reconsideration of sentences of imprisonment or detention
151	Reconsidering Authority established
152	Functions and powers of Authority
153	Petition for reconsideration
154	Authority must consider petition for reconsideration
155	Procedure for reconsideration
155A	Information for victims
156	Authority may call for written reports and hear evidence
157	Authority may regulate its procedure
158	Power of Authority to remit whole or part of sentence
159	Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority
	Part 8A Armed Forces Discipline Committee
	Establishment of Armed Forces Discipline Committee
160	Armed Forces Discipline Committee established
160A	Reviewing authority to review decision to take other offences into consideration [Repealed]
161	Purpose of Discipline Committee
162	Functions of Discipline Committee
163	Chief of Defence Force must publish sentencing guidelines
	Administrative provisions relating to Discipline Committee
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
	Part 9 Provisions relating to the carrying out of punishments
	Death [Repealed]
167	Execution of sentences of death [Repealed]
	Imprisonment and detention
168	Manner in which sentences of imprisonment and detention are to be served
169	Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention
170	Duty of prison managers, etc, to receive service prisoners
171	Places in which sentences of imprisonment or detention may be served
172	Imprisonment and detention of members of other forces attached to Armed Forces
173	Imprisonment and detention of members of Armed Forces attached to other forces
174	Interim custody of member of Armed Forces serving imprisonment or detention
175	Establishment and regulation of service prisons and detention quarters
176	Provisions as to service prisons and detention quarters outside New Zealand
177	Commencement of sentences
177A	Effect of period spent in custody before being sentenced
178	Consecutive sentences
179	Limitation of term of detention under 1 or more sentences
180	Periods of unlawful absence
	Suspended sentences [Repealed]
181	Effect of suspension of sentences [Repealed]
182	Termination of suspension of sentence [Repealed]
183	Offender under suspended sentence convicted or found guilty of further offence [Repealed]
	Prison officers, etc
184	Indemnity for prison officers, etc
	Fines
185	Recovery in District Court of fines imposed under this Act
186	Fines to be paid into Crown Bank Account
186A	Compensation to victims of offences causing physical harm
	Part 10 Special provisions for dealing with mentally impaired persons
187	Interpretation of terms used in this Part
187A	Court Martial to act through Judge alone
188	When Court may find accused unfit to stand trial
188A	Determining if accused unfit to stand trial
188B	Court Martial may postpone finding as to unfitness to stand trial
188C	Inquiry before trial into accused’s involvement in offence
188D	Inquiry during trial into accused’s involvement in offence
188E	Outcome of consideration of accused’s involvement
189	When plea of not guilty may be substituted for plea of guilty [Repealed]
190	Finding of insanity
191	Order to be made if person unfit to stand trial or insane
192	Duration of order for detention as special patient where defendant unfit to stand trial
193	Duration of order for detention as special patient when person acquitted on account of his insanity
194	Power of Court Martial to commit to hospital on conviction
195	Notice to be sent to Public Trustee of certain orders [Repealed]
196	Insanity of certain persons while serving sentences of imprisonment under this Act
197	Substitution of finding and quashing of sentence where accused was insane [Repealed]
198	Powers of reviewing authority if person found unfit to stand trial [Repealed]
	Part 10A Victims’ rights
198A	Application of this Part
198B	Interpretation of terms used in this Part
198C	Rights to be accorded to victim of specified offence
	Victim’s views about release on bail of accused or offender
198D	Victim’s views about release on bail of accused or offender
	Right to receive notice of certain matters and to appoint representative
198E	Right to receive notice of certain matters and to appoint representative
	Provisions relating to giving and receiving of notices and appointment of representatives
198F	Change of address of victim or representative
198G	Victim may opt out of receiving notices
198H	Sections 40 to 46 of Victims’ Rights Act 2002 apply
	Sections 198J to 198N apply only to certain victims who request notice and give address
198I	Application of sections 198J to 198N
	Notice of certain matters to be given to victim
198J	Notice of release on bail of accused or offender
198K	Notice of release or escape from custody, or of death, of accused or offender
198L	Notice of breach of release or detention conditions
198M	Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
198N	Notice of proposal to cancel or suspend liability for deportation
	Submissions on deportation of offender
198O	Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
	Part 11 Miscellaneous provisions
	Prerogative of mercy
199	Royal prerogative of mercy
	Courts of inquiry
200	Interpretation
200A	Courts of inquiry may be assembled
200B	Composition of court of inquiry
200C	Order assembling court of inquiry
200D	Rank and seniority of members
200E	Terms of reference
200F	Court of inquiry to sit in private
200G	Assembly and procedure
200H	Sittings of court of inquiry
200I	Attendance of witnesses
200J	Witness to be sworn
200K	Collecting and recording of evidence
200L	Interpreters and recorders
200M	Procedure if conduct of superior officer may be in question
200N	Rights of person who may be affected by inquiry
200O	Matters president must take into account in determining whether person affected by inquiry may be legally represented
200P	What happens if person affected by inquiry wishes to call witness
200Q	Exhibits
200R	Signing and dispatch of record of proceedings
200S	Admissibility of record of proceedings, etc
200T	Record of proceedings not to be disclosed
201	Inquiry on absence of member of the Armed Forces
	Pay, etc, of deserters and absentees
202	Pay, service, and effects of deserters and absentees
	Judge Advocate General
203	Appointment and functions of Judge Advocate General
203A	Deputy Judge Advocate General
	Discipline in respect of convoys
204	Orders by convoy commanders and commanding officers of escorting ships
	Regulations and Defence Force Orders
205	Regulations
206	Defence Force Orders
206A	Application of Legislation Act 2019 to Defence Force Orders
	Repeals, amendments, and savings
207	Transitional provisions [Repealed]
208	Repeals, amendments, and savings
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Civilians subject to this Act
	Schedule 2 Scale of punishments which may be imposed by Court Martial
	Schedule 3 Scale of authorised summary punishments
	Schedule 4 Summary punishments that may be imposed by commanding officer, detachment commander, or subordinate commander acting as disciplinary officer under Part 5
	Schedule 5 Summary punishments that may be imposed by superior commander acting as disciplinary officer under Part 5
	Schedule 6 Alternative offences of which accused may be convicted by court-martial [Repealed]
	Schedule 7 Enactments amended
	Schedule 8 Enactments repealed
	Armed Forces Discipline Amendment Act (No 2) 2007
	Notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand and the Parliament of the United Kingdom relating to the discipline of Her Majesty’s Armed Forces of New Zealand, and to provide for the discipline of and the administration of justice within those forces

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

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