205Regulations

1. The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes:

2. providing, in cases where a person subject to this Act (whether a member of the Armed Forces or any other person subject to this Act who is paid by the Crown in right of New Zealand) is convicted of any offence by a civil court or the Court Martial or is found guilty of an offence by a disciplinary officer, for all or any of the following:
   1. the forfeiture of the whole or part of 1 day’s pay and allowances for each day or part of a day during which he or she is held in civil or service custody (including imprisonment or detention) after being convicted or found guilty:
   2. the forfeiture of the whole or part of 1 day’s pay and allowances for each day or part of a day during which he or she is held in civil custody before being convicted or found guilty:
   3. the forfeiture of the whole or part of 1 day’s allowances for each day or part of a day during which he or she is suspended from duty by reason of the offence:
   4. the continuance or withholding of pay and allowances pending his or her conviction or acquittal:
3. if regulations are made for the purposes of paragraph (a), providing for the recovery of any pay and allowances that are to be forfeited under those regulations—
   1. in the case of any member of the Armed Forces, by deduction from, or withholding or delaying payment of, any money due, owing, or payable to him or her by the Crown in relation to his or her service in the Armed Forces; and
   2. in the case of any other person subject to this Act who is paid by the Crown in right of New Zealand, by deduction from the pay or allowances payable to him or her:
4. providing, in cases where a person subject to this Act has been convicted by the Court Martial or found guilty by a disciplinary officer of an offence against this Act, for deductions from, or withholding or delaying payment of, any money, due, owing, or payable to him by the Crown in relation to his service in the Armed Forces for the purpose of paying any fine, or compensation, or other payment for which he may be liable under this Act:
5. providing for the payment of such fees, allowances, and expenses as may be fixed or determined by or in accordance with the regulations to the following persons (other than members of the Armed Forces) in respect of matters arising out of or relating to service law:
   1. counsel appointed to advise a person who is being questioned by the service authorities or is being held under close arrest:
   2. counsel appointed to appear for the Crown in the Summary Appeal Court, the Court Martial, the Court Martial Appeal Court, or any other court or tribunal that makes, or will make, a determination that may affect service discipline or the operations of the Armed Forces:
   3. counsel appointed to appear for an accused or an appellant who is on legal aid in the Summary Appeal Court, the Court Martial, the Court Martial Appeal Court, the Court of Appeal, or the Supreme Court:
   4. persons engaged by or under the authority of the Chief of Defence Force to lecture on any matter of service law:
   5. the person appointed as a member of the Discipline Committee under section 160(2)(i):
   6. counsel appointed to assist a court of inquiry under section 200B(3):
6. determining the nature and content of the punishments of reduction of rank, forfeiture of seniority, and stay of seniority:
7. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

8. In subsection (1)(a) the term civil court, in relation to any offence, means a court exercising ordinary criminal jurisdiction whether in New Zealand or elsewhere; and includes a court of summary jurisdiction.

9. No regulations made under subsection (1) shall make any provision contrary to or inconsistent with section 92 of the Government Superannuation Fund Act 1956.

10. Repealed

11. Any such regulations may make different provision for different services, commands, branches, corps, formations, units, and ranks in the Armed Forces.

12. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).