(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.

(1) Notwithstanding anything to the contrary in this Act, the Governor-General may from time to time, by Order in Council,—

• (a) Exempt all or any of the classes of persons specified in subsection (2) of this section from all or any of the provisions of this Act; or

• (b) Modify any such provisions so far as they relate to those classes of persons or any of those classes.

(2) The classes of persons to which subsection (1) of this section relates are as follows:

• (a) Chaplains in the Armed Forces:

• (b) Women in the Armed Forces:

• (c) Members of the Armed Forces who are under 18 years of age:

• (d) Midshipmen and officer cadets.

• (e) members of the armed forces of other States who are attached to the Armed Forces under section 23A 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.

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.

(1) Subject to subsection (2) of this section, 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) of this section, 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) of this section, 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 of this Act, 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 an officer exercising summary powers; or

• (b) Until that person is acquitted by a 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 of this Act 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) of this section, 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) of this section shall be deemed to be on active service.

(3) Without limiting the provisions of subsection (1) of this section, but subject to subsections (4) to (7) of this section, any member of a class of persons specified in Schedule 1 to this Act 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 of this Act shall not apply to persons who are subject to this Act by virtue only of subsection (3) of this section 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) of this section 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 of this Act, shall, subject to the modifications specified in subsection (7) of this section, 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) of this section 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 dealt with summarily, no punishment other than a fine not exceeding $1,000, may be imposed:

• (e) Where an officer exercising summary powers finds an accused guilty of a charge, he shall not record a finding until the accused has been given an opportunity of electing to be tried by court-martial. If the accused so elects a finding shall not be recorded, but the officer shall take such steps as may be necessary to have the charge tried by court-martial:

• (f) The amount of compensation which any such person may be ordered to pay under section 86 of this Act shall not exceed $1,000, whether the order is made by a court-martial or an officer exercising summary powers:

• (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 a court-martial or to a term of detention by an officer exercising summary powers; 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 of this Act 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 a 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 of this Act, be charged under this Act with the commission of that offence, and the charge may be tried by 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 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 of this Act, 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 of this Act, 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) Subject to subsections (2) to (6) of this section, no charge alleging that a person has committed an offence against this Act may be tried summarily or dealt with summarily under this Act or tried by a court-martial, unless the charge is so tried or dealt with, or an application for the trial is made, within 3 years after the alleged commission of the offence.

(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 of this Act to have been absent without leave or other sufficient reason or was serving a sentence of imprisonment in a civil prison or other civil prison shall not be counted towards completion of the period of 3 years referred to in subsection (1) of this section.

(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 of this Act 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 of this Act, 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 court-martial unless—

• (a) An application for his trial is made within 6 months after he 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 dealt with summarily under this Act or be tried by court-martial unless—

• (a) He is so tried or dealt with or an application for the trial is made within 6 months after he 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)—

of this Act may be tried by 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 a court-martial and has been acquitted or convicted of the offence; or

• (b) Has been charged with an offence before an officer exercising summary powers 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 a 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) of this section, 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) Where, 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 of any allied force, of an offence against a law in force in the country or place in which that court or court-martial has jurisdiction; or

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

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

he shall not subsequently be charged before a court-martial constituted under this Act or before an officer exercising summary powers with having committed an offence against this Act that is substantially the same as the offence of which he was acquitted or convicted, or that is substantially the same as the offence taken into consideration, as the case may be.

(4) For the purposes of this section—

• (a) A reference to an offence that is substantially the same as another offence means 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 a court-martial includes a reference to a person in respect of whom that court found the charge proved but did not convict him:

• (c) A reference to a person having been convicted by a competent court of ordinary criminal jurisdiction or by a court-martial of an allied force includes a reference to a person in respect of whom that court or court-martial found the charge proved but did not convict him:

• (d) A person shall not be deemed to have had an offence taken into consideration if the sentence passed on him is subsequently quashed, or where the decision to take the offence into consideration has been annulled by a reviewing authority:

• (e) A person shall be deemed to have been found guilty of an offence by an officer exercising summary powers notwithstanding that the finding made by that officer has been quashed or that the punishment imposed and any order made by the officer was quashed or varied on review.

(1) Where—

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

• (b) A person has been acquitted or convicted of an offence by a court-martial; or

• (c) A person has had an offence taken into consideration by a court-martial which sentenced him on his conviction of having committed another offence; or

• (d) A person has had an alleged offence condoned by his commanding officer; 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,—

a subsequent charge alleging that he committed the offence so disposed of shall not be tried by any court-martial or tried summarily or dealt with summarily under Part 5 of this Act.

(2) For the purposes of this section—

• (a) Where a person was convicted of an offence by a court-martial or found guilty of an offence by an officer exercising summary powers and the conviction or finding was quashed on review, he shall be deemed to have been acquitted of the offence by the court-martial or the officer exercising summary powers, unless a new trial of the charge of having committed that offence was ordered by a reviewing authority:

• (b) A person shall not be regarded as having had another offence taken into consideration if the sentence passed on him is subsequently quashed, or where the decision to take the offence into consideration has been annulled by a reviewing authority:

• (c) An alleged offence shall be regarded as having been condoned by the commanding officer of the person alleged to have committed the offence if, and only if, the commanding officer—

  • (i) Has, after consideration of the allegation and all the relevant circumstances, informed the alleged offender that he will not be charged with having committed that offence; and

  • (ii) Has recorded in writing the fact of his having so informed the alleged offender.

(3) In paragraphs (b) and (c) of subsection (1) and paragraph (a) of subsection (2) of this section the term court-martial includes a court-martial of any Commonwealth force or allied force.

(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) of this section; 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) of this section, 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) of this section 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) of this section 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) of this section, 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) of this section, 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) of this section, 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) of this section, 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.

(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 institution 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) of this section, 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) of this section, 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) of this section, 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) of this section, 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) of this section, 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) of this section, 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 or try summarily or deal summarily with a charge against any such person or bring any such person before a 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.

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

(1) Every person subject to this Act commits an offence, and, except as provided in subsection (2) of this section, is liable on conviction by a court-martial (other than the court-martial in respect of or before which the offence was committed) to imprisonment for a term not exceeding 6 months, who—

• (a) Having been duly summoned or ordered to attend as a witness before a court-martial or a court of inquiry, fails to comply with the summons or order; or

• (b) Refuses to swear an oath when duly required by a court-martial or a court of inquiry to do so; or

• (c) Refuses to produce any document in his custody or under his control which a court-martial or a court of inquiry has lawfully required him to produce; or

• (d) Being a witness, refuses to answer any question which a court-martial or a court of inquiry has lawfully required him to answer; or

• (e) Disobeys or evades any order or direction made or given—

  • (i) By a convening officer under section 131 of this Act; or

  • (ii) By a court-martial or court of inquiry in the course of the hearing of any proceedings before the court-martial or court of inquiry; or

  • (iii) By a reviewing authority under paragraph (b) or paragraph (c) of section 131(5) of this Act; or

• (f) Wilfully publishes any statement in respect of the proceedings of a court-martial or court of inquiry which—

  • (i) States or implies that the court 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 any member of a court-martial or a court of inquiry while he is attending or going to or returning from the proceedings of the court-martial or court of inquiry, as the case may be; or

• (h) Insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings of a court-martial or court of inquiry while he is attending or is going to or returning from the proceedings of the court-martial or court of inquiry, as the case may be; or

• (i) Interrupts the proceedings of a court-martial or court of inquiry or otherwise misbehaves during any such proceedings.

(2) Where an offence against any of the provisions of paragraphs (e) to (i) of subsection (1) of this section is committed in relation to a court-martial, that court-martial if it thinks fit, instead of the offender being tried by another court-martial, may, by order under the hand of the president, sentence him for each such 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 his 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.

(3) For the purposes of subsection (1) of this section—

• (a) The term court-martial includes—

  • (i) A court-martial held pursuant to the law of any part of the Commonwealth; and

  • (ii) A commissioner appointed to take evidence, or an officer taking a summary of evidence, in accordance with the rules of procedure; and

• (b) Every reference to a member of a court of inquiry includes a reference to a commissioner appointed to take evidence, or an officer taking a summary of evidence, in accordance with the rules of procedure.

(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 court-martial or before any court of inquiry or person having power by virtue of this Act to administer oaths, 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 one 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) of this section, 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.

(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 of this Act:

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) Notwithstanding 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 that he behaved in a manner that was likely to prejudice service discipline or that was likely to bring discredit on the service to which he belongs or is attached, as the case may be.

(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) of this section, 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, to this Act.

(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) of this section.

(4) Except with the consent of the Attorney-General, a person subject to this Act may not be tried by 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) of this section, 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) of this section, 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 one 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) of this section, 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, a duly constituted court-martial shall have 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 a court-martial convicts a person of more than one offence or, on convicting a person of one or more offences, agrees to take other offences which he admits to have committed into consideration when sentencing him, the court shall pass only one 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 one of the punishments prescribed by Schedule 2 to this Act.