Armed Forces Discipline Act 1971

Offences - Desertion, absence, and malingering

47: Desertion

You could also call this:

"Leaving your job in the armed forces without permission is called desertion"

Illustration for Armed Forces Discipline Act 1971

You commit an offence if you desert when you are subject to the Armed Forces Discipline Act. If you do this while on active service, you could go to prison for life. You could go to prison for up to 2 years if you desert at any other time. You desert when you leave or do not go to your place of duty without permission and you plan to stay away forever. You also desert if you leave or do not go to your place of duty and then act like you plan to stay away forever without permission. If you are told you will be going on active service and you are absent without permission to avoid it, you desert. If you are subject to this Act and you desert, you will be in trouble with the law. The law says what happens to you if you desert. You must follow the rules when you are subject to the Armed Forces Discipline Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402727.

This page was last updated on 1 January 2026 — View changes

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46: Permitting the escape of prisoners, or

"Letting a prisoner escape on purpose can get you in trouble"

48: Absence without leave, or

"Being away from your job without permission is against the law"

Part 2Offences
Desertion, absence, and malingering

47Desertion

Every person subject to this Act who deserts commits an offence, and—
if the offence is committed on active service or after having been warned for active service, is liable to imprisonment for life; or
if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 2 years.

For the purposes of this section, the term deserts, in relation to any person subject to this Act, means that—
with intent to remain permanently absent from duty, he leaves or fails to attend at his place of duty without authority; or
having left or failed to attend at his place of duty, he behaves in a manner which shows intent to remain permanently absent from duty without authority; or
having been warned for active service, he is absent from duty without authority, with intent to avoid that service.