Armed Forces Discipline Act 1971

Jurisdiction

12: Prisoners of war

You could also call this:

"Rules for Prisoners of War in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You are a prisoner of war if you are being held by the Armed Forces. The Armed Forces Discipline Act 1971 applies to you, but only if the Geneva Conventions Act 1958 allows it. Some parts of the Act do not apply to prisoners of war. You do not have to follow certain rules, such as sections about cowardly behaviour, offences in relation to capture by the enemy, and desertion. These rules are in sections 28, 30, 33, 34, 37, and 47 of the Act. The Geneva Conventions Act 1958 has rules that the Armed Forces must follow when dealing with prisoners of war.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402344.

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Part 1Jurisdiction

12Prisoners of war

  1. Subject to the provisions of the Geneva Conventions Act 1958 and of subsection (2), a prisoner of war in the custody of any part of the Armed Forces shall be subject to this Act.

  2. The following sections of this Act do not apply to prisoners of war:

  3. section 28 (cowardly behaviour):
    1. section 30 (offences in relation to capture by the enemy):
      1. paragraph (c) of subsection (5) of section 34 (threat of force against a person who is on guard duty or watch):
        1. section 33 (failure to suppress or report mutiny):
          1. paragraph (b) of subsection (1) of section 37 (refusing to assist a provost officer or person assisting a provost officer):
            1. section 47 (desertion).