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Armed Forces Discipline Act 1971

Arrest and search

92A: Arrest of deserters from other armed forces

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If another country asks New Zealand to arrest someone who is alleged to be illegally absent from their armed forces, a warrant can be issued to arrest that person under section 89. You are told that this warrant is issued as if the person had committed the offence of desertion or absence without leave under New Zealand's Armed Forces Discipline Act. The warrant must say what the maximum punishment is for the offence under the other country's service law. If someone is arrested under this warrant, they must be handed over to the other country's authorities as soon as possible. The other country's authorities can then detain the person and take them out of New Zealand. They have the power to do this, and it does not limit any other powers they may have. Some rules in the Armed Forces Discipline Act, specifically section 101(3) to (5), do not apply to people who are handed over to another country's authorities in this way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403046.

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Part 4Arrest and search

92AArrest of deserters from other armed forces

  1. If the Government of a State has specifically requested that a person (other than a New Zealand citizen) who is alleged to be illegally absent from the armed forces of the State be apprehended or dealt with under this section by New Zealand authorities,—

  2. a warrant for the arrest of the person may be issued under section 89 as if the person had committed the offence of desertion or absence without leave under this Act:
    1. section 89 applies with the necessary modifications:
      1. the warrant must specify the maximum punishment for the offence under the service law of the sending State.

        1. A person who is delivered into service custody under a warrant issued under subsection (1) must, as soon as practicable, be handed over to the authorities of the other State at such place in New Zealand as may be agreed.

        2. The authorities of the other State into whose custody a person is delivered under this section may detain the person and may remove the person from New Zealand, but nothing in this subsection limits any other powers that the authority may have in relation to the person.

        3. Section 101(3) to (5) does not apply to any person to whom subsection (2) applies.

        Notes
        • Section 92A: inserted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).
        • Section 92A(4): amended, on , by section 5 of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).