Armed Forces Discipline Act 1971

Offences - Offences relating to judicial proceedings, etc

69: Delay or denial of justice

You could also call this:

"Not doing your job to help someone get a fair trial can be a crime"

Illustration for Armed Forces Discipline Act 1971

You can commit an offence if you are under a duty to bring someone before the proper authority for investigation of an alleged offence and you do not do it without a good reason. You must do your duty as soon as possible after the person has been arrested. If you are supposed to release someone from custody and you do not do it without a good reason, you can also commit an offence. You can commit an offence if you try to influence an election under section 117D or 117M by using threats or bribes. This also applies to trying to influence a decision about withdrawing an election made under either of those sections. If you commit an offence, you can be imprisoned for up to 2 years. If you have a duty to investigate or deal with a charge against someone under Part 5, you must do it without delay. You must follow the rules and do your job properly. If you do not, you can commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402767.

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

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Elections

68: False accusation, or

"Making a false accusation against someone in the Armed Forces is a serious offence."

70: Offences relating to proceedings of military tribunal or court of inquiry, or

"Breaking the rules of a military court or investigation"

Part 2Offences
Offences relating to judicial proceedings, etc

69Delay or denial of justice

Every person subject to this Act commits an offence who, being under a duty—
to take steps to bring any person subject to service law (being a person who is under arrest or in custody for an offence alleged to have been committed against this Act) before the proper authority for investigation of the alleged offence; or
to investigate, try summarily, or otherwise deal under Part 5 with a charge against any such person or bring any such person before the Court Martial—

Every person subject to this Act commits an offence who, being under a duty to release or order the release of a person subject to service law who is in custody, without lawful excuse fails to fulfil that duty.
Every person subject to this Act commits an offence who influences or attempts to influence, by threats or bribes or other improper means, an election under section 117D or 117M or a decision concerning the withdrawal of an election made under either of those sections.
Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 2 years.

Notes

Section 69(1)(b): substituted, on 1 July 2009, by section 16(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 69(2A): inserted, on 1 July 2009, by section 16(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).