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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - General provisions

106: Disposal of charges by subordinate commanders

You could also call this:

"Lower ranked officers can deal with some charges, following set rules and orders."

Illustration for Armed Forces Discipline Act 1971

You can be given powers to deal with charges by your commanding officer. They do this by writing a notice that says what powers they are giving you. You have to follow any rules set by the Chief of Defence Force. You cannot deal with charges against someone with a higher rank than petty officer in the Navy or sergeant in the Army or Air Force. The Chief of Defence Force can set rules about how you use your powers. Your commanding officer can also set rules when they give you the powers. The rules you have to follow are in the notice from your commanding officer and in the orders from the Chief of Defence Force. You have to follow these rules when you are dealing with charges. This is part of the Armed Forces Discipline Act 1971, which was amended by the Armed Forces Discipline Amendment Act (No 2) 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403096.

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105: Disposal of charges by detachment commanders, or

"What detachment commanders can do with charges against defence force members"

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106A: Suspension of compensation and restitution orders made summarily, etc, or

"Stopping payments for damages or returns made quickly"

Part 5Investigation and summary trial of charges
General provisions

106Disposal of charges by subordinate commanders

  1. A commanding officer may, by written notice, delegate all or any of his or her powers to act as a disciplinary officer under this Part to an officer or class of officers under his or her command as may be specified in the notice.

  2. A commanding officer may not delegate any powers under this section to a midshipman or an officer cadet.

  3. A subordinate commander must not act as a disciplinary officer for an offence alleged to have been committed by a member of the Armed Forces holding a rank above that of petty officer in the Navy or sergeant in the Army or the Air Force.

  4. The exercise of any powers by a subordinate commander under this section is subject to the limitations and restrictions (if any) as may be specified—

  5. in orders issued by the Chief of Defence Force; and
    1. in the notice given by the delegating commanding officer (in so far as the notice is consistent with any Defence Force Orders); and
      1. in this Part.

        Notes
        • Section 106: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).