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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - General provisions

102: Investigation of charges

You could also call this:

"Looking into claims of wrongdoing in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You are a member of the Armed Forces and someone says you did something wrong. Your commanding officer must look into this unless they think it's not true. They will either write it down as a charge and investigate it in a certain way or send it to the police to look into. You might wonder what 'in the prescribed manner' means. It means doing things according to the rules in this part of the law. The rules of procedure also guide how things are done.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403083.

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101L: Delegation of functions, duties, or powers of Director of Military Prosecutions, or

"The boss of military prosecutions can ask another officer to do some of their work."

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102A: Commanding officer must determine whether offence is specified offence, or

"Commanding officer checks if you did something seriously wrong"

Part 5Investigation and summary trial of charges
General provisions

102Investigation of charges

  1. If it is alleged that a person subject to this Act has committed an offence against this Act, the commanding officer of that person must, unless he or she considers that the allegation is not well founded, either—

  2. cause the allegation to be recorded in the form of a charge and to be investigated in the prescribed manner; or
    1. cause the allegation to be referred to the appropriate civil authority for investigation.

      1. In this Part, a matter or thing is done in the prescribed manner if it is done in accordance with, and in the manner prescribed by, this Part and the rules of procedure.

      Notes
      • Section 102: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).