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Armed Forces Discipline Act 1971

Arrest and search

90: Arrest of spies, etc, abroad

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are a provost officer or a member of the Armed Forces, you can arrest someone outside New Zealand if they are committing an offence against section 26 or section 27, which are about spying and seduction from allegiance. You can also arrest someone if you have reasonable grounds to suspect they are committing or have committed these offences. When you make an arrest, you must deliver the arrested person into service custody as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403037.

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Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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89A: Arrest of members of visiting forces, or

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

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Part 4Arrest and search

90Arrest of spies, etc, abroad

  1. Where any provost officer or any other member of the Armed Forces, or any person exercising authority under a provost officer or on his behalf, finds any person outside New Zealand committing an offence against section 26 or section 27 (which sections relate to spying and seduction from allegiance), or whom he has reasonable grounds to suspect is committing or has committed any such offence, he may arrest that person without warrant.

  2. On making an arrest under subsection (1), the provost officer, member of the Armed Forces, or person exercising authority under a provost officer shall, as soon as practicable, deliver the arrested person into service custody to be dealt with in accordance with this Act.

Notes
  • Section 90(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 90(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).