Court Martial Act 2007

Miscellaneous and administrative provisions - Miscellaneous provisions - Miscellaneous

74: Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave

You could also call this:

"Rules for proof of surrender or arrest for desertion or absence without leave"

You are a member of the Armed Forces and you are charged with being a deserter or an absentee without leave. If you surrender to a provost officer or another officer, they can sign a certificate that says when and where you surrendered. This certificate is evidence of what it says. You can also be arrested and taken into custody by a provost officer or another officer. They can sign a certificate that says when and where you were arrested. This certificate is also evidence of what it says. If a police officer delivers you into service custody, they can sign a certificate that says when and where you were delivered. This certificate is evidence of what it says. These certificates can also say what you were wearing when you surrendered, were arrested, or were delivered into service custody. They can say if you were wearing your uniform or civilian clothes. These certificates are evidence of what they say, including what you were wearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002029.

This page was last updated on 12 December 2025 — View changes

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73: Limits on application of section 71: evidence of custody at police station, or

"Rules for Using Police Station Records as Evidence"

75: Records of Court Martial proceedings, or

"Keeping Records of Court Martial Trials"

Part 3Miscellaneous and administrative provisions
Miscellaneous provisions: Miscellaneous

74Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave

Despite section 71, subsections (2) to (5) apply with respect to evidence in all proceedings under this Act or the 1971 Act against a member of the Armed Forces on a charge of being a deserter or an absentee without leave.
If the member has surrendered himself or herself into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the surrender, is evidence of the matters so stated.
If the member has been arrested and taken into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the arrest, is evidence of the matters so stated.
If the member has been delivered into service custody by a member of the police, a certificate purporting to be signed by that member of the police, and stating the fact, date, and place of the surrender of the member, is evidence of the matters so stated.
Any certificate given under subsections (2) to (4), or any 1 or more of those subsections, may include a statement as to whether, at the time of the surrender, arrest, or delivery into service custody, as the case may be, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.