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Armed Forces Discipline Act 1971
Jurisdiction of Court Martial and punishment of offenders
81: Consent of Governor-General required before sentence of death can be carried out

1Short Title and commencement 2Interpretation 3Special provisions relating to the interpretation, etc, of Part 2 4Extraterritorial operation of this Act 5Active service 5ATransitional, savings, and related provisions 5BAct binds the Crown

Part 1:
Jurisdiction

6Persons in the Navy, the Army, and the Air Force 7Provisions of Act may be modified, etc, in relation to certain classes of persons 8Members of the Armed Forces attached to forces of another country remain subject to this Act 9Members of other forces attached to Armed Forces under section 23A of Defence Act 1990 10Volunteers 11Trainees 12Prisoners of war 13Spies, etc 14Commanding officer in relation to prisoners of war and spies 15Application of Act to passengers in HM ships, aircraft, and vehicles 16Certain civilians closely associated with Armed Forces subject to this Act 17Certain persons sentenced under this Act to remain subject to this Act 18Trial and punishment of person who has ceased to be subject to this Act 19Status and rank of person deemed to be subject to this Act when imprisoned or detained 20Limitation of time within which charges may be dealt with summarily or tried under this Act 21Person may not be tried under this Act and under the civil law in respect of same act or omission 22Persons cannot be tried under this Act for offences already disposed of

Part 2:
Offences

Part 3:
Jurisdiction of Court Martial and punishment of offenders

78Jurisdiction of Court Martial 79Court Martial to pass 1 sentence only 80Discretion of Court Martial as to punishment 81Consent of Governor-General required before sentence of death can be carried out 81AEffect of period spent in custody before being sentenced 82Dismissal from service and reduction in rank 83Maximum term of detention 84Reduction in rank and forfeiture and stay of seniority of service 85Punishment by fine 86Compensation for loss of or damage to property 87Restitution of property 87ASuspension of compensation and restitution orders made by Court Martial, etc

Part 4:
Arrest and search

88Arrest without warrant 89Arrest under warrant 89AArrest of members of visiting forces 90Arrest of spies, etc, abroad 91Arrest of person unlawfully at large 92Arrest of deserters and absentees 92AArrest of deserters from other armed forces 93Detention in civil custody of arrested persons 93ADetention in service custody of person charged by civil authority 93BDetention in service custody of members of visiting force 93CPolice not to deliver custody of arrested person without consent of Minister of Justice in certain cases 94Reasonable force may be used to arrest or search 95Search in connection with suspected offence 96Searches to prevent smuggling, etc 97Customary powers of search not affected 98Search of person in service custody, etc 99Disposal of property taken in search 100Duty of persons arresting 101Delay in dealing with person after arrest 101AJudge Advocate General may grant bail pending trial 101BIssue of warrant to arrest person absconding or breaching bail condition 101CPerson arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General 101DRestrictions in relation to midshipmen, officer cadets, and chaplains

Part 4A:
Director of Military Prosecutions

Part 5:
Investigation and summary trial of charges

General provisions

102Investigation of charges 102ACommanding officer must determine whether offence is specified offence 103Disposal of charges by commanding officers 104Disposal of charges by superior commanders 105Disposal of charges by detachment commanders 106Disposal of charges by subordinate commanders 106ASuspension of compensation and restitution orders made summarily, etc 107Effect of delegation

When officer is empowered to act as disciplinary officer

108Officer is empowered to act as disciplinary officer

Preliminary procedures and investigation of charges

Initial referral of charges

109Charge must be referred to subordinate commander in certain circumstances 110Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances 111Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

Certification and amendment of charges

112Charge must be certified if disciplinary officer may impose certain punishments or make certain compensation orders 113Amendment of charge

Assignment of defending and presenting officers

114Assistance to accused 115Assignment of presenting officer 115APunishments of detention may be suspended

Arraignment

116Arraignment by disciplinary officer

Plea of guilty

117Plea of guilty 117ASubordinate commander may punish accused or refer charge to commanding officer or detachment commander 117BCommanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters 117CConsideration of whether accused who pleads guilty should be given right to elect trial by Court Martial 117DAccused who pleads guilty must be informed if he or she has right to elect trial by Court Martial 117EAccused who pleads guilty must be punished in certain circumstances 117FAccused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

Other matters relating to pleas

117GProcedure following mixed pleas 117HChange or amendment of plea

Investigation following plea of not guilty

117IProcedure following plea of not guilty 117JDisciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge

Disciplinary officer must consider certain matters

117KDisciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer

Right to elect trial by Court Martial

117LDisciplinary officer must consider whether accused should be given right to elect trial by Court Martial 117MDisciplinary officer must inform accused if accused has right to elect trial by Court Martial 117NDisciplinary officer must remand accused for trial in Court Martial or try charge summarily

Trying charges summarily

117ODisciplinary officer must advise accused and hear evidence on behalf of accused 117PPresenting officer and disciplinary officer may call or recall witnesses 117QDisciplinary officer must determine whether accused is guilty or not guilty

Punishment

117RProcedures to be followed before imposing punishment 117SDisciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender 117TOrder to come up for punishment if called on 117UOffender to come up for punishment

Summary punishments

117VTypes and maximum amounts of summary punishments 117WCertain punishments must not be imposed unless offender was given right to elect trial by Court Martial 117XPunishment must be imposed for all offences of which person is found guilty 117YProvisions relating to punishment of detention 117ZReduction of punishments

Compensation and restitution

117ZAOrders for compensation and restitution

Miscellaneous matters

Rights under New Zealand Bill of Rights Act 1990

117ZBAccused deemed to have waived certain rights in certain circumstances 117ZCImplications of election must be explained to accused 117ZDAccused does not have certain rights if accused is tried summarily or otherwise dealt with under this Part

Recording of proceedings

117ZERecording proceedings before disciplinary officer

Referral of charges

117ZFReferral of charge must include referral of related charges 117ZGDocuments and information to be provided to accused and Director of Military Prosecutions 117ZHReference back of charge by Director of Military Prosecutions 117ZIDirector of Military Prosecutions may lay charge before Court Martial 117ZIADirector to determine whether offence is specified offence

Procedures for certain persons

117ZJProcedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains

Evidence

117ZKRelevant evidence admissible unless excluded 117ZLTaking of evidence on oath 117ZMAdmission in evidence of written statements instead of oral evidence 117ZNDisciplinary officers and Summary Appeal Court to take judicial notice of certain matters

Other miscellaneous matters

117ZOGeneral power to make orders or give directions 117ZPConstruction of charges 117ZQReplacement of disciplinary officer 117ZRObjection relating to personal interest

Part 5A:
Summary Appeal Court of New Zealand

Establishment of Summary Appeal Court of New Zealand

118Summary Appeal Court of New Zealand established 119Constitution of Summary Appeal Court 120Summary Appeal Court must sit in divisions 121Registrar, clerks, and other officers of Summary Appeal Court 122Chief Judge may delegate to Registrar duty to assign Judges 123Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court

Right of appeal

124Right of appeal 125Notice of appeal 126Registrar and disciplinary officer must provide copies of documents 127Abandonment of appeal

Sittings, etc, of courts-martial

128Effect of appeal on punishments and orders

Special reference by Judge Advocate General

129Special references to Summary Appeal Court 130Person found guilty must be informed of reference and may comment

Powers of Summary Appeal Court

131Appeals to proceed by way of rehearing and general power of Summary Appeal Court 131ASpecial provisions in cases involving sexual violation 132Power of Summary Appeal Court in respect of finding of guilty

Findings, etc, of courts-martial

133Power of Summary Appeal Court in respect of punishments 134Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on 135Supplementary powers of Summary Appeal Court

Decisions of Summary Appeal Court

136Decisions of Summary Appeal Court final

Sittings of Summary Appeal Court

137Sittings of Summary Appeal Court 138When Summary Appeal Court must hold proceedings in closed court 139Summary Appeal Court may limit scope of open court

Miscellaneous procedural provisions

140Right of appellant to present his or her case in writing and restricted right of appellant to be present 141Defence of appeals and representation of appellant 142Costs of appeal 143Removal of prisoners for purposes of proceedings under this Part

Contempt of courts-martial

144Duties of Registrar with respect to appeals

Part 6:
Courts-martial

Part 7:
Other provisions relating to proceedings generally

145Application of subpart 3 of Part 5 of the Criminal Procedure Act 2011 to proceedings under this Act 146Witnesses may be compelled to attend courts-martial, etc 147Evidence in proceedings under this Act 148Evidence of civil conviction or acquittal 149Evidence of proceedings of court-martial

Rules of procedure

150Rules of procedure

Protection from civil liability, privileges, and immunities

150AProtection from civil liability 150BPrivileges and immunities of witnesses and of certain other persons appearing before military tribunals and courts of inquiry

Power to summon witnesses

150CPower to summon witnesses 150DService of summons

Contempt

150EContempt of military tribunal or court of inquiry 150FDistrict Court may deal with person who has committed contempt 150GContempt by counsel

Part 8:
Reconsideration of sentences of imprisonment or detention

151Reconsidering Authority established 152Functions and powers of Authority 153Petition for reconsideration 154Authority must consider petition for reconsideration 155Procedure for reconsideration 155AInformation for victims 156Authority may call for written reports and hear evidence 157Authority may regulate its procedure 158Power of Authority to remit whole or part of sentence 159Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority

Part 8A:
Armed Forces Discipline Committee

Establishment of Armed Forces Discipline Committee

160Armed Forces Discipline Committee established 160AReviewing authority to review decision to take other offences into consideration 161Purpose of Discipline Committee 162Functions of Discipline Committee 163Chief of Defence Force must publish sentencing guidelines

Administrative provisions relating to Discipline Committee

164Appointed member 165Remuneration of members 166Procedure of Discipline Committee generally 166AQuorum for meetings 166BOther procedure at meetings 166CVoting at meetings 166DProtection from liability

Part 9:
Provisions relating to the carrying out of punishments

Death

167Execution of sentences of death

Imprisonment and detention

168Manner in which sentences of imprisonment and detention are to be served 169Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention 170Duty of prison managers, etc, to receive service prisoners 171Places in which sentences of imprisonment or detention may be served 172Imprisonment and detention of members of other forces attached to Armed Forces 173Imprisonment and detention of members of Armed Forces attached to other forces 174Interim custody of member of Armed Forces serving imprisonment or detention 175Establishment and regulation of service prisons and detention quarters 176Provisions as to service prisons and detention quarters outside New Zealand 177Commencement of sentences 177AEffect of period spent in custody before being sentenced 178Consecutive sentences 179Limitation of term of detention under 1 or more sentences 180Periods of unlawful absence

Suspended sentences

181Effect of suspension of sentences 182Termination of suspension of sentence 183Offender under suspended sentence convicted or found guilty of further offence

Prison officers, etc

184Indemnity for prison officers, etc

Fines

185Recovery in District Court of fines imposed under this Act 186Fines to be paid into Crown Bank Account 186ACompensation to victims of offences causing physical harm

Part 10:
Special provisions for dealing with mentally impaired persons

187Interpretation of terms used in this Part 187ACourt Martial to act through Judge alone 188When Court may find accused unfit to stand trial 188ADetermining if accused unfit to stand trial 188BCourt Martial may postpone finding as to unfitness to stand trial 188CInquiry before trial into accused’s involvement in offence 188DInquiry during trial into accused’s involvement in offence 188EOutcome of consideration of accused’s involvement 189When plea of not guilty may be substituted for plea of guilty 190Finding of insanity 191Order to be made if person unfit to stand trial or insane 192Duration of order for detention as special patient where defendant unfit to stand trial 193Duration of order for detention as special patient when person acquitted on account of his insanity 194Power of Court Martial to commit to hospital on conviction 195Notice to be sent to Public Trustee of certain orders 196Insanity of certain persons while serving sentences of imprisonment under this Act 197Substitution of finding and quashing of sentence where accused was insane 198Powers of reviewing authority if person found unfit to stand trial

Part 10A:
Victims’ rights

198AApplication of this Part 198BInterpretation of terms used in this Part 198CRights to be accorded to victim of specified offence

Victim’s views about release on bail of accused or offender

198DVictim’s views about release on bail of accused or offender

Right to receive notice of certain matters and to appoint representative

198ERight to receive notice of certain matters and to appoint representative

Provisions relating to giving and receiving of notices and appointment of representatives

198FChange of address of victim or representative 198GVictim may opt out of receiving notices 198HSections 40 to 46 of Victims’ Rights Act 2002 apply

Sections 198J to 198N apply only to certain victims who request notice and give address

198IApplication of sections 198J to 198N

Notice of certain matters to be given to victim

198JNotice of release on bail of accused or offender 198KNotice of release or escape from custody, or of death, of accused or offender 198LNotice of breach of release or detention conditions 198MNotice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility 198NNotice of proposal to cancel or suspend liability for deportation

Submissions on deportation of offender

198OVictim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation

Part 11:
Miscellaneous provisions

Prerogative of mercy

199Royal prerogative of mercy

Courts of inquiry

200Interpretation 200ACourts of inquiry may be assembled 200BComposition of court of inquiry 200COrder assembling court of inquiry 200DRank and seniority of members 200ETerms of reference 200FCourt of inquiry to sit in private 200GAssembly and procedure 200HSittings of court of inquiry 200IAttendance of witnesses 200JWitness to be sworn 200KCollecting and recording of evidence 200LInterpreters and recorders 200MProcedure if conduct of superior officer may be in question 200NRights of person who may be affected by inquiry 200OMatters president must take into account in determining whether person affected by inquiry may be legally represented 200PWhat happens if person affected by inquiry wishes to call witness 200QExhibits 200RSigning and dispatch of record of proceedings 200SAdmissibility of record of proceedings, etc 200TRecord of proceedings not to be disclosed 201Inquiry on absence of member of the Armed Forces

Pay, etc, of deserters and absentees

202Pay, service, and effects of deserters and absentees

Judge Advocate General

203Appointment and functions of Judge Advocate General 203ADeputy Judge Advocate General

Discipline in respect of convoys

204Orders by convoy commanders and commanding officers of escorting ships

Regulations and Defence Force Orders

205Regulations 206Defence Force Orders 206AApplication of Legislation Act 2019 to Defence Force Orders

Repeals, amendments, and savings

207Transitional provisions 208Repeals, amendments, and savings

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Civilians subject to this Act

Schedule 2:
Scale of punishments which may be imposed by Court Martial

Schedule 3:
Scale of authorised summary punishments

Schedule 4:
Summary punishments that may be imposed by commanding officer, detachment commander, or subordinate commander acting as disciplinary officer under Part 5

Schedule 5:
Summary punishments that may be imposed by superior commander acting as disciplinary officer under Part 5

Schedule 6:
Alternative offences of which accused may be convicted by court-martial

Schedule 7:
Enactments amended

Schedule 8:
Enactments repealed

Summary of changes

Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

81: Consent of Governor-General required before sentence of death can be carried out

You could also call this:

"The Governor-General must agree before a death sentence can happen."

Illustration for Armed Forces Discipline Act 1971

You cannot be given a death sentence without the Governor-General's consent. The Governor-General must agree before this sentence can happen. This law was repealed on 26 December 1989 by the Abolition of the Death Penalty Act 1989, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM193582.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403000.

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

Topics:

Crime and justice > Criminal law

80: Discretion of Court Martial as to punishment, or

"The Court Martial decides your punishment if you are found guilty."

81A: Effect of period spent in custody before being sentenced, or

"Time in custody before sentencing is noted, but not always counted"

Part 3Jurisdiction of Court Martial and punishment of offenders

81Consent of Governor-General required before sentence of death can be carried out (Repealed)

Notes

Section 81: repealed, on 26 December 1989, by section 5(1) of the Abolition of the Death Penalty Act 1989 (1989 No 119).