2Interpretation

1. In this Act, unless the context otherwise requires,—

   able rank, in relation to the Navy, includes ordinary rank and apprentices

   accused, in relation to a person subject to this Act, means a person charged with having committed an offence against this Act

   acquittal includes an acquittal on account of insanity; and acquitted has a corresponding meaning

   Air Force means the Royal New Zealand Air Force constituted under section 11(5) of the Defence Act 1990

   Air Force base has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   aircraft has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   aircraft material includes—

   1. parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not:
   2. engines, armaments, ammunition, and bombs and other missiles of any description in, or for use in, aircraft:
   3. any other gear, apparatus, or instruments in, or for use in, aircraft:
   4. any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft:
   5. any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material

   alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

   Allied force means a force or part of a force of another country acting in co-operation with a part of the Armed Forces

   Armed Forces means the Navy, the Army, and the Air Force collectively; and includes any branch, corps, command, formation, unit, or other part of the Armed Forces; but does not include any part of the cadet forces

   Armed Forces Canteen Council means the Armed Forces Canteen Council constituted under the Armed Forces Canteens Act 1948

   armoured fighting vehicle includes a track-based self-propelled gun or missile

   Army means the New Zealand Army constituted under section 11(4) of the Defence Act 1990

   Army camp has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   Authority means the Reconsidering Authority established under section 151

   aviator has the meaning given by section 2(1) of the Defence Act 1990

   basic pay, in relation to a member of the Armed Forces, means the daily amount payable to the member as determined by the Chief of Defence Force, but excluding allowances

   before the enemy, in relation to any person subject to this Act, means that he is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy, or is under orders to be prepared for any action or operation by or against the enemy

   cadet forces means the cadet forces raised and maintained under Part 6 of the Defence Act 1990

   Chief Judge means the Chief Judge of the Court Martial

   Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990

   civil court in relation to any offence, means a court exercising ordinary criminal jurisdiction in New Zealand

   civil custody means the custody of the Police or other civil authority authorised to retain persons in civil custody; and includes confinement in a civil prison

   claim of right has the same meaning as it has in section 2(1) of the Crimes Act 1961

   commanding officer—

   1. means—
      1. an officer for the time being appointed or authorised to be a commanding officer for the purposes of this Act by a superior commander:
      2. an officer who is named as a commanding officer under section 16:
      3. the officer who is in command of one of His Majesty’s New Zealand ships in commission (other than a tender or a boat):
      4. the officer who is in command of one of His Majesty’s New Zealand naval establishments in commission:
      5. the officer who is in command of a ship declared by the Chief of Defence Force, the Chief of Navy, the Chief of Army, or the Chief of Air Force to be a service ship:
      6. the officer who is in command of a battalion or regiment:
      7. an officer of a force of another State that is declared to be serving together with a New Zealand force under section 23B of the Defence Act 1990, who is for the time being appointed or authorised to be a commanding officer for the purposes of this Act by a superior commander; but
   2. does not include any midshipman or officer cadet or chaplain

   competent service authority—

   1. means every superior commander; and
   2. includes every Judge; and
   3. includes any officer, not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force, appointed as a competent service authority by a superior commander; but
   4. does not include any chaplain

   controlled drug means a controlled drug within the meaning of the Misuse of Drugs Act 1975

   corps means such part of the Army as may from time to time be declared by Defence Force Order to be a corps for the purposes of this Act

   Court Martial means the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007

   decoration means the insignia of any decoration or order, or any medal, clasp, or good conduct badge; and includes any miniature of any of them

   defence area has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   Defence Force Orders means orders issued under section 206 of this Act or section 27 of the Defence Act 1990

   dental practitioner means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

   Deputy Chief Judge means a Deputy Chief Judge of the Court Martial

   detachment commander,—

   1. in relation to the Navy, means an officer who is for the time being posted, or authorised by his or her commanding officer to be, in command of—
      1. a tender or boat; or
      2. a body of persons stationed or employed at a distance from the ship or establishment to which they belong; and
   2. in relation to the Army and the Air Force, means an officer who is for the time being authorised by his or her commanding officer to act as detachment commander of a part of a unit stationed or employed at a distance from its unit headquarters; but
   3. does not include any midshipman or officer cadet or chaplain

   detainee means a person under a sentence that includes the punishment of detention imposed under this Act by the Court Martial or a disciplinary officer

   detention quarter means a building or part of a building set aside under this Act as a detention quarter

   Director of Military Prosecutions means the person appointed under section 101E

   disciplinary officer—

   1. means any officer who exercises the summary powers of discipline under Part 5; but
   2. does not include any chaplain

   Discipline Committee means the Armed Forces Discipline Committee established under section 160

   dismissed from His Majesty’s Service, in relation to a member of the Armed Forces sentenced for an offence against this Act, means that he is dismissed from the service to which he belongs; and dismissal from His Majesty’s Service has a corresponding meaning

   enemy has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   is liable means is liable on conviction by the Court Martial

   joint force means a joint force established under section 12(1) of the Defence Act 1990

   Judge—

   1. means a Judge of the Court Martial; and
   2. includes the Chief Judge and a Deputy Chief Judge

   Judge Advocate General means the Judge Advocate General of the Armed Forces appointed under section 203

   lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor

   leading aviator classification includes an aviator classification, a general service hand, and an air force cadet

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   member of the Armed Forces means a person subject to this Act by virtue of section 6, or section 9, or section 10, or section 11

   member of the Court Martial means a Judge or a military member

   military member, in relation to the Court Martial, means an officer or a warrant officer who is assigned by the Registrar of the Court Martial to be a member of that court

   military tribunal means any of the following:

   1. a disciplinary officer:
   2. the Summary Appeal Court:
   3. the Court Martial

   Minister means the Minister of Defence; and includes any other Minister for the time being lawfully exercising his powers

   mutiny means a combination between 2 or more persons subject to service law, or between persons of whom at least 2 are persons subject to service law, to overthrow or resist lawful authority in a part of the Armed Forces or in a force of another country acting in co-operation with a part of the Armed Forces

   naval establishment and naval ship have the meanings assigned to those terms by section 2(1) of the Defence Act 1990

   Navy means the New Zealand Naval Forces constituted under section 11(3) of the Defence Act 1990

   New Zealand force or force has the same meaning as New Zealand force in section 2(1) of the Defence Act 1990

   non-commissioned officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   oath includes an affirmation; and references to swearing shall be construed accordingly

   officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   part of the Commonwealth means a country (other than New Zealand) which is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible

   prescribed means prescribed by this Act, or by rules of procedure or regulations made under this Act, or by regulations made under the Defence Act 1990 or by Defence Force Orders issued under this Act or the Defence Act 1990

   president means the president of a court of inquiry

   prison means any prison established or deemed to be established under the Corrections Act 2004

   private includes a gunner, trooper, sapper, signalman, driver, or craftsman

   provost officer means an officer who—

   1. is not a midshipman, an officer cadet, or a chaplain; and
   2. is any of the following:
      1. a provost marshal appointed in writing by or on behalf of the Chief of Defence Force:
      2. an assistant provost marshal appointed in writing by or on behalf of the Chief of Defence Force or by a provost marshal:
      3. any other officer of the Navy, the Army, or the Air Force appointed in writing as a provost officer by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal:
      4. a person attached or lent as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, to any part of the Armed Forces:
      5. a person seconded for service or appointed for duty as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, with any part of the Armed Forces

   rank, in relation to any member of the Armed Forces, means the rank held by him for the time being, whether substantive, temporary, acting, or honorary

   rating has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   record officer means any person who has custody of any records of any of the Armed Forces and whose duty it is to make or record entries in those records or to take extracts from them

   Registrar means the Registrar of the Summary Appeal Court

   relative rank means the appropriate rank prescribed under section 17 of the Defence Act 1990

   rules of procedure means rules of procedure made under section 150

   service means either the Navy, the Army, or the Air Force; and, when used adjectivally, means belonging or pertaining to, or connected with, 1 or more of those services or any part of 1 or more of those services

   service law includes the provisions of this Act and the law of another country whose forces are acting in co-operation with a part of the Armed Forces which provides for the disciplinary control of that country’s forces

   service penal establishment includes—

   1. any service prison or detention quarter (whether in New Zealand or elsewhere); and
   2. any prison, naval detention quarters, military or air force prison, detention barrack, corrective training centre, detention room, cell, or similar establishment set aside in New Zealand or elsewhere for the confinement of members of the Armed Forces of an allied force undergoing punishment

   service prison means a building or part of a building set aside under this Act as a service prison

   service prisoner means a person under a sentence that includes imprisonment imposed under this Act by the Court Martial

   service property means any property belonging to the Crown in right of New Zealand; and also includes any other property (whether belonging to the Crown or not) used by or in the possession or under the control of the Armed Forces or an allied force, or a service mess, band, club, institution, or the Armed Forces Canteen Council

   ship has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   soldier has the meaning assigned to that term by section 2(1) of the Defence Act 1990

   stealing has the meaning assigned to that term by section 219 of the Crimes Act 1961

   subject to this Act, in relation to any person, means that he is subject to the law established by this Act

   subordinate commander means an officer to whom all or any of the powers to act as a disciplinary officer have been delegated under section 106

   Summary Appeal Court means the Summary Appeal Court of New Zealand established under section 118

   superior commander—

   1. means any of the following:
      1. the Chief of Defence Force; or
      2. the Vice Chief of Defence Force; or
      3. the Chief of Navy; or
      4. the Chief of Army; or
      5. the Chief of Air Force; or
      6. the Commander Joint Forces New Zealand; or
      7. an officer who is not below the rank of captain in the Navy, colonel in the Army, or group captain in the Air Force and who is appointed by any of the officers referred to in subparagraphs (i) to (vi) to act as a disciplinary officer under Part 5 in respect of charges against officers who—
         1. are not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force; and
         2. are under his or her command; and
         3. hold a rank at least 2 grades below his or her own rank; or
      8. an officer of a force of another State that is declared to be serving together with a New Zealand force under section 23B of the Defence Act 1990 who is not below the relative rank of captain in the Navy, colonel in the Army, or group captain in the Air Force and who is authorised by the Chief of Defence Force to act as a disciplinary officer under Part 5 in respect of charges against other officers who—
         1. are not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force; and
         2. are under his or her command; and
         3. hold a relative rank at least 2 grades below his or her own rank; but
   2. does not include a commanding officer or chaplain

   superior officer, in relation to any member of the Armed Forces,—

   1. means another member holding a higher rank (not being an honorary rank); and
   2. includes another member of equal rank (except an honorary rank) who is entitled to exercise powers of command over him or her; but
   3. does not include,—
      1. for the purposes of sections 35, 36, and 38, a midshipman or an officer cadet except if, in the course and for the purposes of the training he or she is undergoing or the instruction he or she is receiving, he or she is posted to a naval ship or he or she is authorised in writing by his or her commanding officer to exercise powers of command:
      2. for the purposes of section 38, a chaplain

   visiting force has the same meaning as in section 4 of the Visiting Forces Act 2004

   warrant officer has the meaning assigned to that term by section 2(1) of the Defence Act 1990.

2. For the purposes of this Act, in all matters relating to the sailing or handling of a ship or the flying or handling of an aircraft, or affecting the safety of a ship or aircraft every person subject to this Act who is in or near the ship or aircraft shall, whatever his rank or whatever his rank is deemed to be, be under the direction of the person in command of the ship or aircraft, as the case may be, whether the person in command is a member of the Armed Forces or not.

3. In this Act and in any instrument made under this Act, unless the context otherwise requires, mention of a person by reference to the designation of his office or appointment includes a reference to any person who for the time being is lawfully performing the functions or duties of, or acting in, that office or appointment—

4. by virtue of a permanent, temporary, or acting appointment; or
5. by assumption of the functions or duties of the office or appointment pursuant to this Act or any other Act; or
6. pursuant to an order, or to a custom of the service which pertains to the office or appointment.

7. In this Act, a reference to the relationship between rank grades is a reference to the relationship that is to be regarded as existing between those rank grades as prescribed under section 17 of the Defence Act 1990.

8. In this Act, a reference to this Act includes, unless the context otherwise requires, a reference to the Court Martial Act 2007.

9. In this Act, a reference to counsel for an accused includes, unless the context otherwise requires, a reference to a member of the Armed Forces who undertakes the defence of an accused in the Court Martial.

10. If a charge against a person in respect of an offence is tried summarily, or otherwise dealt with, under Part 5 or 5A, the following paragraphs apply for the purposes of references in this Act to conviction, acquittal, sentence or passing sentence, or to any related expressions:

11. if a disciplinary officer finds the accused guilty on the charge, that must be treated as a conviction:
12. any punishment imposed by a disciplinary officer, or by the Summary Appeal Court, must be treated as a sentence passed by the officer or Summary Appeal Court:
13. if a disciplinary officer dismisses the charge or finds the accused not guilty on the charge, or the Summary Appeal Court directs a finding of not guilty of having committed the offence to be entered, that must be treated as an acquittal.