Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

201: Inquiry on absence of member of the Armed Forces

You could also call this:

"What happens if an Armed Forces member is away without leave"

Illustration for Armed Forces Discipline Act 1971

If you are a member of the Armed Forces and you are away without leave for 21 days, a court of inquiry will look into why you are away. They will also check if any of your equipment or clothing is missing. You will be considered an absentee if the court thinks you left without a good reason. If you do not come back or get caught within 6 months, it will be like you were found guilty of desertion by the Court Martial, as stated in section 202. This means you will have a record of the court's decision in your service records. The record will show how long you were away and what equipment or clothing is missing. You can be charged with desertion if you do not surrender or get caught within 6 months. This is a serious offence in the Armed Forces. The court's decision will be part of your service records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404095.

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Part 11Miscellaneous provisions
Courts of inquiry

201Inquiry on absence of member of the Armed Forces

  1. Where any member of the Armed Forces has been absent without leave for a period of 21 days, a court of inquiry shall be assembled to inquire in the prescribed manner into the fact of that absence, and the deficiency (if any) in the arms, ammunition, equipment, or clothing of that member, or in any other service property issued to him for his use or entrusted to his care for the purposes of the Armed Forces.

  2. If the court of inquiry is satisfied that the member absented himself without leave or other sufficient reason, the court shall make a declaration that the member is an absentee. Every such declaration shall specify the period of absence and the extent to which the arms, ammunition, or clothing of that member, or the other service property issued or entrusted to him, are deficient; and a record of the declaration in the prescribed form shall be signed by the commanding officer of the absent member in duplicate and shall then be filed with and form part of the service records.

  3. If the absent member does not within 6 months after the date on which he absented himself surrender or is not apprehended within that period, that record shall, for the purposes of section 202, have the legal effect of a conviction by the Court Martial for desertion.

Notes
  • Section 201 heading: amended, on , pursuant to section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 201(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 201(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 201(3): amended, on , by section 69 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 201(3): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).