16Certain civilians closely associated with Armed Forces subject to this Act

1. Subject to subsections (5) to (7), where any New Zealand force is on active service—

2. every person employed in the service of that force; and
3. every person employed in the service of a part of that force or any member of the force; and
4. every person who accompanies the force or any part of it—
shall, while so employed or while accompanying the force or part of the force, as the case may be, be subject to this Act in the same manner and to the same extent as if he were a rating, soldier, or aviator, unless there is for the time being in force a certificate issued by the officer commanding that part of the force with which he is employed or which he is accompanying stating that he is entitled to be treated as if he were an officer, in which case he shall, so long as the certificate remains in force, be treated as if he were an officer for the purposes of any proceedings against him for an offence against this Act.

5. Every person who is subject to this Act by virtue of subsection (1) shall be deemed to be on active service.

6. Without limiting the provisions of subsection (1), but subject to subsections (4) to (7), any member of a class of persons specified in Schedule 1 who is for the time being within the limits of the command of any officer commanding any New Zealand force outside New Zealand shall, while within those limits, be subject to this Act in the same manner and to the same extent as if he were a rating, soldier, or aviator, unless there is for the time being in force a certificate issued by the officer commanding that part of the force with which he is employed or which he is accompanying stating that he is entitled to be treated as if he were an officer, in which case he shall, so long as the certificate remains in force, be treated as an officer for the purposes of any proceedings against him for an offence against this Act.

7. The provisions of Parts 2 and 3 shall not apply to persons who are subject to this Act by virtue only of subsection (3) except—

8. section 37, sections 39 and 40, sections 44 and 45, sections 70, 71, and 74, and subsections (5) and (6) of section 34:
9. sections 75 to 77, so far as they relate to offences against those sections specified in paragraph (a) of this subsection:
10. sections 78 to 80 and sections 85 to 87A.

11. Every person to whom subsections (1) and (3) apply shall for the purposes of this Act be deemed to be under the command of any officer who may for the time being be named as that person’s commanding officer by the officer commanding the New Zealand force which is on active service or is outside New Zealand, as the case may be.

12. All the provisions of this Act relating to arrest, investigation of offences, summary disposal of charges, trial and punishment of offences, and insanity, and, so far as they are applicable, the provisions of Part 11, shall, subject to the modifications specified in subsection (7), and to such orders, not inconsistent with this Act, as may be prescribed by the Chief of Defence Force, apply to those persons who are subject to this Act by virtue of this section.

13. The modifications to which subsection (6) refers are as follows:

17. any person to whom this section applies may, on being convicted of an offence against this Act, be fined a sum not exceeding $3,000 in addition to or instead of any other penalty that may be imposed on him; but no other punishment less severe than imprisonment may be imposed on him:
18. if a disciplinary officer finds an accused guilty of a charge, he or she must not record a finding until the accused has been given the right to elect trial by the Court Martial and, if the accused so elects,—
    1. a finding must not be recorded; and
    2. the officer must take the steps that are necessary to have the charge tried by the Court Martial:
19. the amount of compensation that any such person may be ordered to pay under section 86 must not exceed $1,000, whether the order is made by the Court Martial or a disciplinary officer:
20. any such person may be arrested—
    1. by a provost officer; or
    2. by a non-commissioned officer exercising authority under a provost officer; or
    3. by any person acting on the order of an officer.

21. Any certificate issued by an officer under this section may at any time be revoked by that officer or by any other officer of an equivalent or higher rank.

22. Nothing in this section shall apply to any person who is subject to service law by virtue of any other section of this Act.