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Defence Act 1990

Offences punishable by civil courts

82: Procuring and assisting desertion

You could also call this:

"Helping a soldier desert or hide is against the law"

Illustration for Defence Act 1990

You commit an offence if you help a member of the Armed Forces desert or absent themselves without leave. You can be imprisoned for up to 6 months or fined up to $2,000 if you do this. You do this by persuading them to desert, helping them desert, or hiding them if they have already deserted. You also commit an offence if you know a member of the Armed Forces is about to desert and you help them. You can be punished if you conceal a deserter or help them hide. You can also be punished if you rescue a deserter from custody or help them escape. This law applies to you whether you are in New Zealand or somewhere else. It is against the law to intentionally or recklessly help someone desert the Armed Forces. You will be liable for punishment if you break this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206497.

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Part 7Offences punishable by civil courts

82Procuring and assisting desertion

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who, in New Zealand or elsewhere,—

  2. intentionally or recklessly procures or persuades any member of the Armed Forces to desert or absent himself or herself without leave; or
    1. knowing that any member of the Armed Forces is about to desert or to absent himself or herself without leave, assists that member in doing so; or
      1. knowing any member of the Armed Forces to be a deserter or an absentee without leave from the Armed Forces,—
        1. conceals that member; or
          1. assists that member in concealing himself or herself; or
            1. rescues that member from custody or assists in his or her rescue from custody.

            Notes
            • Section 82: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).