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Armed Forces Discipline Act 1971

Offences - Offences involving alcohol and drugs

51: Drunkenness and being under the influence of drugs

You could also call this:

"Being drunk or on drugs and unable to do your job"

Illustration for Armed Forces Discipline Act 1971

You commit an offence if you are drunk, whether on duty or not. If you are drunk on active service, you can be imprisoned for up to 2 years. If you are drunk at any other time, you can be imprisoned for up to 12 months. You are considered drunk if alcohol or a drug affects you so much that you cannot do your job. This includes drugs that you took without a doctor's permission. You are unfit for duty if you cannot perform the tasks you are required to do. If you are subject to this Act and break this rule, you will face the consequences. The law applies to you whether you are on duty or not. You must be able to do your job and follow the rules at all times.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402734.

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52: Being in possession of alcohol in a ship, establishment, camp, or base, or

"Having alcohol in Armed Forces areas without permission is against the law"

Part 2Offences
Offences involving alcohol and drugs

51Drunkenness and being under the influence of drugs

  1. Every person subject to this Act who is drunk, whether on duty or not, commits an offence, and—

  2. if the offence is committed on active service, is liable to imprisonment for a term not exceeding 2 years; or
    1. if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 12 months.

      1. For the purposes of subsection (1), a person is drunk if, owing to the influence of alcohol or a drug (not being a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), whether alone or in combination with each other or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty that he may be required to perform.