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Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Imprisonment and detention

168: Manner in which sentences of imprisonment and detention are to be served

You could also call this:

"How you serve time in prison or detention in the armed forces"

Illustration for Armed Forces Discipline Act 1971

You will serve your sentence in a prison, a service prison, or other service custody. The Parole Act 2002 does not apply to you when you are serving a sentence in a prison, except for section 55, which is about deportation. Your sentence will be looked at again from time to time. You can serve your detention in a detention quarter, in service custody, or as field punishment if you are on active service. The Chief of Defence Force makes rules about how you serve your detention. You might serve your detention in one way or partly in one way and partly in another. If you are a detainee on active service, you can be ordered to serve your detention as field punishment by the Court Martial or disciplinary officer. Once you have been transferred to a detention quarter, you will not have to serve as field punishment again for that sentence. You can find more information about the Parole Act 2002 on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM137631

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403808.

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169: Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention, or

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Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention

168Manner in which sentences of imprisonment and detention are to be served

  1. Every service prisoner sentenced to imprisonment under this Act shall serve the sentence in a prison, a service prison, detention quarter, or other service custody, or partly in one and partly in another.

  2. The Parole Act 2002 does not apply to a service prisoner serving a sentence of imprisonment in a prison, except that section 55 of that Act, which relates to deportation, does apply to such a service prisoner.

  3. The sentence of a service prisoner who is serving a sentence of imprisonment in a prison must be reconsidered from time to time in accordance with Part 8.

  4. Subject to the provisions of orders made by the Chief of Defence Force in accordance with section 175, every service detainee shall serve the term of his detention—

  5. in a detention quarter; or
    1. in service custody; or
      1. in the case of a detainee who is for the time being attached to any part of the Army or Air Force which is on active service or who is a soldier or an aviator on active service, as field punishment if so ordered by the Court Martial or disciplinary officer that sentenced him—
          1. or partly in one way and partly in another: provided that a service detainee who has once been transferred to a detention quarter after having served part of the term of his detention as field punishment shall not be subsequently required to serve as field punishment any further part of that term of detention or the term or part of the term of a concurrent or consecutive sentence of detention.

        Notes
        • Section 168(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 168(2): substituted, on , by section 125 of the Parole Act 2002 (2002 No 10).
        • Section 168(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 168(2A): inserted, on , by section 125 of the Parole Act 2002 (2002 No 10).
        • Section 168(2A): amended, on , by section 45(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
        • Section 168(2A): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 168(3): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
        • Section 168(3)(c): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
        • Section 168(3)(c): amended, on , by section 45(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).