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Armed Forces Discipline Act 1971

Arrest and search

88: Arrest without warrant

You could also call this:

"Armed Forces members can be arrested without a warrant if they break a rule"

Illustration for Armed Forces Discipline Act 1971

You can be arrested without a warrant if you are a member of the Armed Forces and you break a rule. You can be arrested if someone sees you breaking a rule or if they think you have broken a rule. They must have a good reason to think you have broken a rule. You can be arrested by an officer, a non-commissioned officer, or a provost officer. An officer can arrest you if you are a lower rank or if you are being violent. A non-commissioned officer can arrest you if you are a lower rank or if you are being violent. If someone orders you to be arrested, you must be arrested right away. A member of another country's force can also arrest you if they are working with a New Zealand force under section 23B of the Defence Act 1990. They have the same powers as a New Zealand Armed Forces member of a similar rank.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403029.

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87A: Suspension of compensation and restitution orders made by Court Martial, etc, or

"Delaying payment of compensation when appealing a Court Martial decision"

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89: Arrest under warrant, or

"When a soldier is arrested using a special paper called a warrant"

Part 4Arrest and search

88Arrest without warrant

  1. A member of the Armed Forces may, without warrant, arrest a person subject to this Act whom he is empowered to arrest in accordance with this section if—

  2. he finds the person committing an offence against this Act; or
    1. he has reasonable grounds to suspect that the person is committing or has committed such an offence.

      1. For the purposes of this section—

      2. an officer is empowered to arrest—
        1. a rating, soldier, or aviator; or
          1. an officer who is not his superior officer; or
            1. any officer (though of higher rank), if the offence or suspected offence is mutiny or the officer is behaving in a disorderly or violent manner:
            2. a non-commissioned officer is empowered to arrest—
              1. a rating, soldier, or aviator who is not his superior officer; or
                1. any rating, soldier, or aviator (though of higher rank) if the offence or suspected offence is mutiny or the rating, soldier, or aviator is behaving in a disorderly or violent manner:
                2. a provost officer, or a person lawfully exercising authority under or on behalf of a provost officer, is empowered to arrest any person subject to this Act:

                  1. In the exercise of his power of arrest over a person, a member of the Armed Forces may—

                  2. arrest the person himself; or
                    1. order that person into arrest; or
                      1. give an order for that person’s arrest,—
                          1. and it shall be the duty of every member of the Armed Forces to whom any such order has been given to carry out the order forthwith.

                        1. A member of a force of another State that is for the time being declared to be serving together with a New Zealand force under section 23B of the Defence Act 1990 has over members of the New Zealand force the powers of arrest of a member of the Armed Forces of a relative rank.

                        Notes
                        • Section 88(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
                        • Section 88(2)(a)(i): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                        • Section 88(2)(b)(i): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                        • Section 88(2)(b)(ii): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
                        • Section 88(3): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
                        • Section 88(4): added, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).