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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You are a member of another country's armed forces attached to the New Zealand Armed Forces under section 23A of the Defence Act 1990. If you are sentenced to imprisonment or detention by the Court Martial, you can be sent back to your own country to serve your sentence. A competent service authority can give directions for you to be handed over to your country's forces. You can be kept in service custody or civil custody until you are handed over.

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 It might be out of date or be missing some parts.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=DLM403827.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyImmigration and citizenship > Border control
Previous

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

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

Next

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

"Rules for Armed Forces members sentenced overseas"

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

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

  1. This section applies if—

  2. a member of the armed forces of another State is attached to any Service under section 23A of the Defence Act 1990 and is sentenced by the Court Martial under this Act to imprisonment or detention; and
    1. an arrangement is for the time being in force with the appropriate authority of that State that enables the return of the member for the purpose of serving any such sentence in that State.

      1. A competent service authority may give directions for the delivery of the member so sentenced into the custody of the forces of that State (whether in New Zealand or elsewhere) and his or her removal to that State for the purpose of serving the sentence.

      2. Any member of the forces of any State in respect of whom any such directions are given by a competent service authority may, until that member is delivered into the custody of those forces, be kept in service custody or civil custody, or partly in service custody or partly in civil custody.

      3. Any such member may, by order of a competent service authority, from time to time be transferred from service custody to civil custody or from civil custody to service custody, as the occasion may require.

      4. Any such member may during his or her transfer from one place to another, whether on board a ship or an aircraft or other means of transport, be subjected only to such restraint as may be necessary to ensure his or her safe conduct and removal.

      Notes
      • Section 172: substituted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).
      • Section 172(1)(a): amended, on , by section 48 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).