Armed Forces Discipline Act 1971

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

179: Limitation of term of detention under 1 or more sentences

You could also call this:

"Time limits for being detained by the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You can't be kept in detention for more than 2 years under two or more sentences. You can't do field punishment for more than 90 days under one or more sentences. If you get another sentence, it might start after the first one finishes. If your detention time would be more than 2 years, the extra time is cancelled. If you are sentenced to imprisonment, you don't have to finish your detention time. This happens even if your imprisonment is delayed. You can read more about this in section 178 to learn about sentences of detention.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403855.

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

Topics:

Crime and justice > Criminal law

178: Consecutive sentences, or

"What happens when you get a new sentence while already serving one"

180: Periods of unlawful absence, or

"Time away after escaping doesn't count towards your sentence"

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

179Limitation of term of detention under 1 or more sentences

Notwithstanding anything to the contrary in this Act—
a detainee shall not be kept continuously in detention for a period exceeding 2 years under 2 or more sentences of detention; and
a detainee shall not be made to undergo field punishment for a continuous period exceeding 90 days under 1 or more sentences of detention.

Subsection (1) shall not affect the validity of an order under section 178 ordering a sentence of detention to run from the expiration of another sentence of detention: provided that so much of any term of detention to which the order relates as would prolong the total of the terms of detention beyond 2 years shall be deemed to be remitted.
Where a person sentenced to detention is subsequently sentenced to imprisonment under this Act, any part of the term of detention that has not been served shall be deemed to be remitted, whether the sentence of imprisonment is suspended or not.

Notes

Section 179(2): amended, on 1 July 2009, by section 54 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).