Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You can serve a sentence of imprisonment or detention in certain places. If you are in New Zealand, you will not be sent to a prison outside New Zealand, except in some cases. You might be sent to a prison in a territory where you were enlisted if the Governor-General has made arrangements for this. You can be moved to a different place to serve your sentence if a competent service authority gives directions. This can happen if you are with a part of the force that is serving or will serve outside New Zealand. If you were sentenced outside New Zealand, you will usually serve your sentence in that country or in New Zealand. If your sentence is more than 12 months, you will be transferred to a prison in New Zealand as soon as possible, unless the Court Martial says otherwise. You can be moved to a service prison or detention quarter if you were sentenced outside New Zealand. This can happen if you are a service prisoner or detainee and the occasion arises to move you to a different place.

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 It might be out of date or be missing some parts.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=DLM403825.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal helpGovernment and voting > Emergency management
Previous

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

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

Next

172: Imprisonment and detention of members of other forces attached to Armed Forces, or

"What happens if you're a foreign soldier in NZ Armed Forces and you break the law"

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

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

  1. Subject to the provisions of this section and of section 172, a service prisoner or detainee who has been sentenced, or is serving his sentence, in New Zealand shall not be removed to a prison or detention quarter outside New Zealand:

    provided that if—

  2. he was enlisted in any territory administered by His Majesty the King in right of New Zealand; and
    1. he belongs to a class of persons enlisted from any such territory; and
      1. the Governor-General has arranged for any person of that class sentenced to imprisonment or detention under this Act to be transferred to that territory to serve his sentence there—
          1. he may be removed to a prison or detention quarter in that territory to serve his sentence.

        1. A competent service authority may give directions for delivery into service custody of any service prisoner or detainee, and for the removal of any such prisoner or detainee, whether separately or with the part of the force to which he belongs, to any place outside New Zealand where the part of the force to which he belongs for the time being is serving or is under orders to serve.

        2. A service prisoner or detainee shall, if he was sentenced outside New Zealand, serve his sentence either in the country in which he was sentenced or in accordance with the provisions of subsection (4): provided that, if the term of his sentence exceeds 12 months, he shall be transferred as soon as practicable after being sentenced to a prison, service prison, or detention quarter in New Zealand, unless the Court Martial, for stated special reasons, otherwise orders.

        3. Subject to the provisions of this section—

        4. a service prisoner who has been sentenced to imprisonment in any place outside New Zealand may be committed or, if he has been committed to prison, be removed, if the occasion arises, to a service prison or a detention quarter wherever situated:
          1. a service detainee sentenced to detention in any place outside New Zealand may be committed, or if he has been committed to a detention quarter, be removed, if the occasion arises, to a detention quarter wherever situated:

            Notes
            • Section 171(1)(a): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
            • Section 171(3) proviso: amended, on , by section 47 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 171(3) proviso: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
            • Section 171(4)(a) proviso: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).