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Armed Forces Discipline Act 1971

Jurisdiction

6: Persons in the Navy, the Army, and the Air Force

You could also call this:

"Who is in the Navy, Army, and Air Force"

Illustration for Armed Forces Discipline Act 1971

You are part of the Navy, Army, or Air Force if you are an officer or a rating. The Defence Act 1990 has rules about who is in the Navy, Army, and Air Force. You can read more about it in section 11(3)(e), section 11(4)(d), or section 11(5)(d) of the Defence Act 1990. You are also subject to this Act if you are undergoing training, performing duties, or are in a naval ship, army camp, or air force base. This includes when you are going to or from these places, or are on leave. You can be called out to help with civil power or disasters, and you must follow the rules. The Act applies to all officers and ratings in the Navy, Army, and Air Force. This includes people in the Royal New Zealand Navy, the Royal New Zealand Naval Reserve, and other naval forces. It also includes people in the Regular Force, the Territorial Force, and the Army Reserve, as well as people in the Regular Air Force, the Territorial Air Force, and the Air Force Reserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402316.

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Part 1Jurisdiction

6Persons in the Navy, the Army, and the Air Force

  1. The following members of the Navy shall be subject to this Act:

  2. 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:
    1. all ratings of the Royal New Zealand Navy:
      1. 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—
        1. undergoing or required to undergo training, whether in uniform or not; or
          1. performing or required to perform any naval duty, whether in uniform or not; or
            1. in or on any naval ship, aircraft, vehicle, or establishment, or performing any work for the Navy; or
              1. going to or from any place of parade, training, or naval duty; or
                1. 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
                  1. declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or
                    1. called out under any enactment in aid of the civil power; or
                      1. called out under any enactment to render assistance in a disaster; or
                        1. present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
                          1. in uniform:
                          2. all ratings of any additional naval force raised in accordance with section 11(3)(e) of the Defence Act 1990.

                            1. The following members of the Army shall be subject to this Act:

                            2. 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:
                              1. all soldiers of the Regular Force:
                                1. all soldiers of the Territorial Force and the Army Reserve who for the time being are—
                                  1. undergoing or required to undergo training, whether in uniform or not; or
                                    1. performing or required to perform any army duty, whether in uniform or not; or
                                      1. in or on any army camp, unit, ship, aircraft, or vehicle, or performing any work for the Army; or
                                        1. going to or from any place of parade, training, or army duty; or
                                          1. 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
                                            1. declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or
                                              1. called out under any enactment in aid of the civil power; or
                                                1. called out under any enactment to render assistance in a disaster; or
                                                  1. present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
                                                    1. in uniform:
                                                    2. all soldiers of any additional New Zealand army force raised in accordance with section 11(4)(d) of the Defence Act 1990.

                                                      1. The following members of the Air Force shall be subject to this Act:

                                                      2. 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:
                                                        1. all aviators of the Regular Air Force:
                                                          1. all aviators of the Territorial Air Force or the Air Force Reserve who for the time being are—
                                                            1. undergoing or required to undergo training, whether in uniform or not; or
                                                              1. performing or required to perform any air force duty, whether in uniform or not; or
                                                                1. in or on any Air Force base, unit, ship, aircraft, or vehicle, or performing any work for the Air Force; or
                                                                  1. going to or from any place of parade, training, or air force duty; or
                                                                    1. 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
                                                                      1. declared liable for continuous service pursuant to a Proclamation issued under section 39 or section 40 of the Defence Act 1990; or
                                                                        1. called out under any enactment in aid of the civil power; or
                                                                          1. called out under any enactment to render assistance in a disaster; or
                                                                            1. present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
                                                                              1. in uniform:
                                                                              2. all aviators of any additional air force raised in accordance with section 11(5)(d) of the Defence Act 1990.

                                                                                Notes
                                                                                • Section 6(1)(a): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(1)(c)(vi): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(1)(d): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(2)(a): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(2)(c)(vi): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(2)(d): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(3)(a): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(3)(b): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                                                                                • Section 6(3)(c): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                                                                                • Section 6(3)(c)(vi): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                                                                                • Section 6(3)(d): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                                                                                • Section 6(3)(d): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).