Armed Forces Discipline Act 1971

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

170: Duty of prison managers, etc, to receive service prisoners

You could also call this:

"Prison staff must care for military prisoners sent to them"

Illustration for Armed Forces Discipline Act 1971

You have a duty to receive prisoners sent to a prison under the Armed Forces Discipline Act 1971. The prison manager must keep the prisoner until their sentence is finished or they are let out. If a prisoner is in service custody, the prison manager or constable in charge must keep them for up to 7 days if they get a written order from the prisoner's commanding officer. You will keep the prisoner in custody unless they are let out earlier. The prison manager or constable must follow the rules when keeping a prisoner. They must keep the prisoner safe until they are let out or their sentence is finished. The rules say what the prison manager and constable must do when keeping a prisoner. You can find more information about the rules in the Corrections Act 2004 and the Policing Act 2008. These acts help explain what the prison manager and constable must do when keeping a prisoner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403822.

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

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

"What happens to Armed Forces members who break the law and get imprisoned or detained"

171: Places in which sentences of imprisonment or detention may be served, or

"Where you can serve a sentence of imprisonment or detention"

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

170Duty of prison managers, etc, to receive service prisoners

It is the duty of the prison manager of every prison to receive any prisoner sent to that prison in accordance with this Act and to confine him until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law.
Where a prisoner is in service custody pursuant to a sentence of imprisonment or detention imposed on him under this Act, then on receipt of a written order in that behalf purporting to be signed by the prisoner’s commanding officer, it shall be the duty of any such prison manager, or the constable in charge of a Police station, or of any other person in charge of any place in which prisoners may be lawfully confined to keep that prisoner in custody for a period not exceeding 7 days, unless the prisoner is earlier discharged or delivered in due course of law.

Notes

Section 170 heading: amended, on 1 June 2005, pursuant to section 206 of the Corrections Act 2004 (2004 No 50).
Section 170(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 170(2): amended, on 1 October 2008, pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).
Section 170(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).