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Armed Forces Discipline Act 1971

Arrest and search

92: Arrest of deserters and absentees

You could also call this:

"Arresting soldiers who run away or don't come back to work"

Illustration for Armed Forces Discipline Act 1971

If you are a member of the Armed Forces and a constable thinks you are deserting or absent without leave, they can arrest you without a warrant. The constable will then take you into service custody as soon as possible. You will be dealt with according to the Armed Forces Discipline Act 1971.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403042.

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91: Arrest of person unlawfully at large, or

"Police can arrest you without a warrant if you break prison rules"

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92A: Arrest of deserters from other armed forces, or

"Arresting someone who ran away from another country's army"

Part 4Arrest and search

92Arrest of deserters and absentees

  1. Where a constable has reasonable grounds to suspect that any member of the Armed Forces is committing the offence of desertion or absence without leave, he may arrest that member without warrant.

  2. On making an arrest under subsection (1), the constable shall as soon as practicable deliver the member into service custody to be dealt with in accordance with this Act.

Notes
  • Section 92(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 92(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 92(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 92(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).