Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Arrest and search

89A: Arrest of members of visiting forces

You could also call this:

"Arrest of visiting military members who break their home country's law"

Illustration for Armed Forces Discipline Act 1971

You can be arrested if you are a member of a visiting force and your commander thinks you have broken the law of your home country. The commander can issue a warrant for your arrest if they have good reason to suspect you have committed an offence. When a warrant is issued, it must follow certain rules, such as saying what the maximum punishment is for the offence under your home country's law. You will be arrested by a constable who must then hand you over to your visiting force as soon as possible. This is what happens when you are arrested under this law. The law also says that the rules in section 89 and section 92A apply in these situations. The visiting force is in charge of you after you are arrested. The constable's job is to arrest you and then give you to the visiting force. These rules are extra rules that are used with other laws.

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 It might be out of date or be missing some parts.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=DLM403035.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyImmigration and citizenship > Border control
Previous

89: Arrest under warrant, or

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

Next

90: Arrest of spies, etc, abroad, or

"Arresting spies or people who help enemies outside New Zealand"

Part 4Arrest and search

89AArrest of members of visiting forces

  1. If the officer commanding a visiting force has reasonable grounds to suspect that a member of the force, a member of its civilian component, or a dependant has committed an offence against the service law of the sending State, the officer may issue a warrant for the arrest of that person.

  2. If a warrant is issued under subsection (1),—

  3. subsections (2), (3), (5), and (6) of section 89 apply; and
    1. the warrant must specify the maximum punishment for the offence under the service law of the sending State.

      1. A constable who arrests a person in execution of a warrant issued under subsection (1) must, as soon as practicable, deliver that person into the custody of the visiting force.

      2. The provisions of this section are in addition to those of section 92A.

      Notes
      • Section 89A: inserted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).
      • Section 89A(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).