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Armed Forces Discipline Act 1971

Offences - Offences involving treachery, cowardice, and looting

23: Aiding the enemy

You could also call this:

"Helping the Enemy is Against the Law"

Illustration for Armed Forces Discipline Act 1971

You can commit an offence if you help the enemy on purpose. This can include giving them supplies or information. You can also commit an offence if you do not follow orders to fight against the enemy. You can be in trouble if you give the enemy false information or interfere with communications. This can help the enemy and hurt New Zealand or its allies. You must try your best to follow orders and fight against the enemy. If you are captured by the enemy, you must not help them unless it is allowed by international law. You can be in trouble if you help the enemy in any way that is not allowed. This can include helping them to lower the morale of the Armed Forces or its allies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402385.

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Topics:
Crime and justice > Criminal law
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24: Communication with the enemy, or

"Helping the Enemy is Against the Law"

Part 2Offences
Offences involving treachery, cowardice, and looting

23Aiding the enemy

  1. Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, with intent to assist the enemy,—

  2. abandons or surrenders any place or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or
    1. causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or
      1. engages in conduct which is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or
        1. provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or
          1. harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or
            1. gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication; or
              1. interferes with any apparatus used for giving a signal, message, or other communication; or
                1. when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or
                  1. having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities against New Zealand or against the Armed Forces or any allied force.

                    1. Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, knowingly and without lawful excuse,—

                    2. abandons or surrenders to the enemy any place, or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or
                      1. causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or
                        1. engages in conduct which to his knowledge is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or
                          1. provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or
                            1. harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or
                              1. gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication, so as to be likely to assist the enemy; or
                                1. interferes with any apparatus used for giving a signal, message, or other communication with the result that the enemy is assisted in the prosecution of hostilities against New Zealand; or
                                  1. when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or
                                    1. having been captured by the enemy—
                                      1. aids the enemy to carry out measures designed to lower the morale of the Armed Forces or any allied force; or
                                        1. aids the enemy in any other manner whatsoever unless the act is authorised or required by international law or usage.

                                        Notes
                                        • Section 23(1): amended, on , by section 5(2) of the Abolition of the Death Penalty Act 1989 (1989 No 119).