Part 11Miscellaneous provisions
Regulations and Defence Force Orders
206Defence Force Orders
The Chief of Defence Force may from time to time
issue orders, not inconsistent with this Act or the Defence Act 1990, for all or any of the following purposes:- determining the nature and content of the punishments of stay of seniority, confinement to ship or barracks, extra work and drill, stoppage of leave, and extra duty:
- limiting the types of offences that a disciplinary officer may try summarily, or otherwise deal with, under Part 5:
- limiting the amount that a disciplinary officer may, under section 117ZA, order an offender to pay:
- restricting, by fixing the limitations as to rank as the Chief of Defence Force considers necessary, the exercise of powers under Part 5 by disciplinary officers:
- providing for the designation of classes of certificates of competency that may be issued to members of the Armed Forces who are to be appointed disciplinary officers, presenting officers, or defending officers:
- providing for the issue, revocation, suspension, expiry, and renewal of those certificates of competency:
- providing for the minimum standards for the issue of those certificates of competency (including standards relating to required competence, qualifications, and experience) that must be met for each class of certificate:
- providing for the terms and conditions subject to which certificates of competency are issued:
- providing for the attendance at trials by the Court Martial of officers and warrant officers attending the proceedings of the Court for the purpose of being instructed in the Court’s procedure:
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- providing for the assembling and constitution of courts of inquiry:
- providing for legal aid to be granted at public expense in respect of—
- proceedings in the Court Martial (whether in New Zealand or elsewhere):
- appeals to the Summary Appeal Court or the Court Martial Appeal Court (whether in New Zealand or elsewhere):
- proceedings in the Court Martial (whether in New Zealand or elsewhere):
- prescribing the conditions subject to which any legal aid referred to in paragraph (e) may be granted:
- providing for legal aid to be granted at public expense to any unrepresented person who (whether in New Zealand or elsewhere)—
- is being questioned by the service authorities, or is wanted by the service authorities for questioning, in relation to the commission or possible commission of an offence by that person and is advised by the service authorities, before or in the course of questioning, that he or she may consult a lawyer; or
- is under close arrest:
- is being questioned by the service authorities, or is wanted by the service authorities for questioning, in relation to the commission or possible commission of an offence by that person and is advised by the service authorities, before or in the course of questioning, that he or she may consult a lawyer; or
- prescribing the conditions subject to which any legal aid referred to in paragraph (eb) may be granted:
- providing for legal aid to be granted at public expense, either generally or in prescribed cases, to persons subject to this Act tried by civil courts outside New Zealand, and prescribing the conditions subject to which any such legal aid may be granted:
- providing for the removal of a person unfit to stand trial within the meaning of Part 10, or acquitted on account of his insanity, from an overseas country to New Zealand, or from one place of custody to another, or from a place of custody to a
hospital: - providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
All Defence Force Orders issued under this Act shall come into force on the date of their issue or on such later date as may be specified in the orders.
Any such orders may make different provision for different services, commands, branches, corps, formations, units, and ranks of the Armed Forces.
Notes
- Section 206 heading: amended, on , by section 75(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206 heading: amended, on , pursuant to section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 206(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 206(1): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
- Section 206(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 206(1)(a): substituted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ab): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ac): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ad): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ae): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(af): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ag): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ah): inserted, on , by section 75(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(b): amended, on , by section 22(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 206(1)(b): amended, on , by section 75(3)(a) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(b): amended, on , by section 75(3)(b) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(b): amended, on , by section 75(3)(c) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(c): repealed, on , by section 22(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 206(1)(e): substituted, on , by section 75(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ea): inserted, on , by section 75(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(eb): inserted, on , by section 75(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(ec): inserted, on , by section 75(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 206(1)(g): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
- Section 206(1)(g): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
- Section 206(2): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).


