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Armed Forces Discipline Act 1971

Jurisdiction

19: Status and rank of person deemed to be subject to this Act when imprisoned or detained

You could also call this:

"Rules for Armed Forces members in prison or detention"

Illustration for Armed Forces Discipline Act 1971

If you are in prison or detention and are subject to the Armed Forces Discipline Act, some rules apply to you. You are treated like you are still in the Armed Forces. If you were in the Navy, you are treated like a rating of able rank. If you were in the Army, you are treated like a soldier who is a private. If you were in the Air Force, you are treated like an aviator with a leading aviator classification. If you are still subject to this Act while in prison, you are treated like a private in the Army. You can read more about this in section 17 and section 18. These rules apply to you in the same way as they apply to other people in the Armed Forces. This means you have to follow the same rules as other members of the Armed Forces.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402360.

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"What happens if you commit an offence while in the Armed Forces and then leave"

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20: Limitation of time within which charges may be dealt with summarily or tried under this Act, or

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Part 1Jurisdiction

19Status and rank of person deemed to be subject to this Act when imprisoned or detained

  1. Where, by virtue of section 17 or section 18, a person is deemed to be subject to this Act during any term of imprisonment or detention the following provisions shall apply:

  2. if, before he was sentenced to dismissal from His Majesty’s Service, or was sentenced to imprisonment involving dismissal from His Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Navy, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to a rating of able rank:
    1. if, before he was sentenced to dismissal from His Majesty’s Service, or was sentenced to imprisonment involving dismissal from His Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Army, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to a soldier holding the rank of private:
      1. if, before he was sentenced to dismissal from His Majesty’s Service, or was sentenced to imprisonment involving dismissal from His Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member of the Air Force, the provisions of this Act shall apply to him in the same manner and to the same extent as they apply to an aviator holding the rank of leading aviator classification:
        1. if, by virtue of subsection (2) of section 17, a person continues to be subject to this Act for the duration of the term of his imprisonment or detention, the provisions of this Act shall apply to him in the same manner and to the same extent as if he were a soldier holding the rank of private.

          Notes
          • Section 19(a): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 19(a): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
          • Section 19(b): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 19(b): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
          • Section 19(c): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
          • Section 19(c): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 19(c): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).