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Armed Forces Discipline Act 1971

Offences - Offences relating to arrest and escape from custody

44: Resisting arrest

You could also call this:

"Refusing to be arrested or using violence when someone tries to arrest you"

Illustration for Armed Forces Discipline Act 1971

If you are in the Armed Forces and you refuse to obey a lawful order to be arrested, you can be imprisoned for up to 2 years. You can also be imprisoned for up to 2 years if you use violence or offer violence to a member of the Armed Forces who is trying to arrest you. This applies whether the person trying to arrest you is your superior officer or not, and it also applies if someone else is trying to arrest you or is holding you in custody.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402721.

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43: Fighting or causing a disturbance, or

"Fighting or causing trouble is against the rules and can lead to imprisonment."

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45: Escape from custody, or

"Running away from arrest or detention is a crime"

Part 2Offences
Offences relating to arrest and escape from custody

44Resisting arrest

  1. Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who refuses to obey a member of the Armed Forces who has lawfully ordered him into arrest.

  2. Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

  3. strikes; or
    1. otherwise than by striking, uses violence to; or
      1. offers violence to—
          1. any member of the Armed Forces (whether that member of the Armed Forces is his superior officer or not) who has lawfully ordered him into arrest.

        1. Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

        2. strikes; or
          1. otherwise than by striking, uses violence to; or
            1. offers violence to—
                1. any person (whether subject to this Act or not) who attempts to arrest him or is holding him in custody pursuant to this Act.

              Notes
              • Section 44(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
              • Section 44(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).