Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Procedures for certain persons

117ZJ: Procedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains

You could also call this:

"Special Rules for Some People in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you are accused of something under the Armed Forces Discipline Act 1971 and you are a prisoner of war, spy, midshipman, officer cadet, or chaplain, special rules apply. You will be treated as if you had a certain rank in the Armed Forces of New Zealand, depending on your situation. This means you will follow the same procedure as someone with that rank. If you are a midshipman or officer cadet, you will be treated as if you were a rating of able rank in the Navy, a private in the Army, or a leading aviator classification in the Air Force. If you are a chaplain, you will be treated as if you were an officer of a certain rank, depending on your class. For example, if you are a chaplain Class I, you will be treated as if you were a captain in the Navy, a colonel in the Army, or a group captain in the Air Force. You can find more information about how this works in section 12 or 13 of the Act. These rules help make sure you are treated fairly under the law. They apply to you if you are subject to the Armed Forces Discipline Act 1971.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096987.

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"The Director decides if a crime is serious enough to have special rules."


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"The court can use evidence that is relevant and fair to help decide a case."

Part 5Investigation and summary trial of charges
Miscellaneous matters: Procedures for certain persons

117ZJProcedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains

  1. If the accused is subject to this Act by virtue of section 12 or 13, the following provisions apply:

  2. if the accused holds a rank in an armed force, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused held the corresponding rank in the Armed Forces of New Zealand:
    1. in any other case, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused were a rating of able rank in the Navy or a private in the Army or a leading aviator classification in the Air Force, as the case may be.
      1. If the accused is a midshipman or an officer cadet, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused were a rating of able rank in the Navy or a private in the Army or a leading aviator classification in the Air Force, as the case may be.

      2. If the accused is a chaplain, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused,—

      3. in the case of a chaplain Class I, were a captain in the Navy, a colonel in the Army, or a group captain in the Air Force:
        1. in the case of a chaplain Class II, were a commander in the Navy, a lieutenant colonel in the Army, or a wing commander in the Air Force:
          1. in the case of a chaplain Class III, were a lieutenant commander in the Navy, a major in the Army, or a squadron leader in the Air Force:
            1. in the case of a chaplain Class IV, were a lieutenant in the Navy, a captain in the Army, or a flight lieutenant in the Air Force.
              Notes
              • Section 117ZJ: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 117ZJ(1)(b): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
              • Section 117ZJ(2): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).