You can be put in service custody if you are a member of a visiting force, a member of its civilian component, or a dependant. This happens when you are arrested for an offence against the service law of the country you are from or the law of New Zealand. You will be kept in service custody until your trial.

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 It might be out of date or be missing some parts.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=DLM403061.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Courts and legal helpImmigration and citizenship > Border control

93A: Detention in service custody of person charged by civil authority, or

"Being held by the military while waiting for trial for a crime"

93C: Police not to deliver custody of arrested person without consent of Minister of Justice in certain cases, or

"Police can't send you to another country without permission from the Minister of Justice"

Part 4Arrest and search

93BDetention in service custody of members of visiting force

A person to whom this subsection applies may be delivered into service custody and detained in service custody pending his or her trial.
Subsection (1) applies to a member of a visiting force, a member of its civilian component, or a dependant who has been arrested for an offence against—
the service law of the sending State; or
the law of New Zealand.

The provisions of subsections (3) to (7) of section 101 do not apply to any person to whom subsection (1) applies.

Notes

Section 93B: inserted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).