✨ Permanent Militia Regulations
May 26.] THE NEW ZEALAND GAZETTE. 681
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The awards of the Commanding Officer, or his decision in each case, will be entered in the guard report or minor-offence report, as the case may be, and signed by him.
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A Commanding Officer may, without reference to superior authority, dispose summarily of a charge against a non-commissioned officer or man for any offence not considered as necessary to be tried by a Board.
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It should be borne in mind that, except when it is important that the guilt or innocence of accused should be definitely decided, it is undesirable to send a case before a Board when it appears doubtful if the evidence will secure a conviction. In such a case the charge should not be proceeded with. A Commanding Officer is required to dismiss a charge if, in his discretion, he thinks it ought not to be proceeded with.
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If when a non-commissioned officer or man is charged with an offence, another offence, the investigation of which cannot be immediately completed or proceeded with, comes to light, the investigation and trial in respect of the original offence may proceed independently, and the charge for the other offence will be dealt with at a future date.
SUMMARY PUNISHMENT.
- A Commanding Officer in dealing summarily with a case may award the following punishments, subject to the man’s right of trial by a Board instead of submitting to the award:—
(a.) In the case of drunkenness, a fine not exceeding £1, according to scale (paragraph 45); the award when prescribed by the scale is compulsory.
- A Commanding Officer may also award the following minor punishments:—
(b.) Confinement to barracks for any period not exceeding fourteen days, the taking all duties in regular turn, attending parades, and being further liable to be employed on duties of fatigue, at the discretion of the Commanding Officer.
- Any of the above punishments (a, b) may be awarded severally or conjointly, subject to the following provisions:—
(1.) A man undergoing confinement to barracks may, for a fresh offence, be awarded further punishment, to commence at the expiration of the first award; provided that no man shall be confined to barracks by summary award for more than fourteen days, and that the whole extent of consecutive punishment shall not exceed twenty-eight days.
(2.) Defaulters are not to be required to undergo any portion of their confinement to barracks which may have lapsed by reason of their being in hospital or employed on duty.
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Defaulters will be required to answer their names at uncertain hours throughout the day, and will be employed on fatigues as far as may be possible.
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Non-commissioned officers, including acting non-commissioned officers, may be reprimanded or severely reprimanded by the Commanding Officer, when, in his opinion the offence is of such a nature as to require admonition only; it is to be also entered in the defaulter-book.
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It is important that uniformity of system should exist in the mode of estimating and recording the characters of members of the Permanent Militia. With this view the following terms are only to be used: “Very good,” “Good,” “Fair,” “Indifferent,” “Bad,” and “Very bad.” If such member’s character has recently changed, and in the opinion of the recording officer it cannot be properly described by any of the above terms without qualification, the word “Latterly” may be used as a prefix. In estimating characters officers are primarily to ground their opinions on the documentary records; but a man’s deportment, his cleanliness, and the manner in which he has performed his several duties should at the same time be considered in his favour.
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Officers are not to introduce or adopt any system of punishment for minor offences which may be in any respect at variance with these regulations.
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In dealing summarily with cases of absence without leave, a Commanding Officer or a Board will have regard to the place of surrender or apprehension, the circumstances attending the absence, and the period subsequently passed in detention. Absence without leave will be reckoned to terminate when the man is taken into custody, and in awarding punishment the Commanding Officer should make allowance for any unusual delay in the disposal of the case.
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A man of the Permanent Militia forfeits the whole of his pay without residue while in hospital on account of any illness certified by the proper medical man attending him to have arisen from his own misconduct. An officer who has disposed of any offence on account of which the man is admitted into hospital will therefore at once communicate with the medical officer concerned with a view to the latter furnishing the required certificate, and, in any case in which such member of the Permanent Militia has already been admitted to hospital on account of any misconduct, the Commanding Officer will at once hold a preliminary inquiry sufficient to enable the medical officer to furnish or refuse the necessary certificate, and will then remand the case for disposal on the man’s discharge from hospital.
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When a member of the Permanent Militia is convicted of any offence by the civil power the case is to be reported by the Officer Commanding for the consideration of the Officer Commanding the Permanent Militia, who may dismiss such member if he sees fit.
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If it shall appear to the Officer Commanding the Permanent Militia that any summary punishment awarded by a Commanding Officer was illegal or excessive, he may, within six months of the award, direct either that the award be cancelled and the entry in the defaulter-book expunged, or that the punishment be reduced, as the requirements of the case may, in his opinion, demand. After the expiration of six months from the date of the award any case which the Officer Commanding the Permanent Militia may consider deserving of consideration must be referred for decision of the Officer Commanding the Colonial Forces.
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Men drunk on duty must invariably be sentenced to dismissal. Where any extraordinary circumstances exist which the Officer Commanding the detachment feels justified in bringing forward in mitigation, he will report these circumstances to the Officer Commanding the Permanent Militia, who will exercise his own judgment as to any relaxation of this rule. This crime is a very serious one, and must be so regarded in the force. The mild disciplinary system of the Permanent Militia providing no adequate punishment for it, there is no alternative, and therefore the man must be dismissed. Simple drunkenness is a much less offence, but must be put down as much as possible. A first offence of drunkenness must be fined 10s.; if a second is committed within six months the man must be discharged. If the offence is committed at a greater interval from the first a simple fine of 20s. may suffice; but in all cases a third offence must be visited by dismissal.
COMMAND.
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The Commanding Officer will be held responsible for the discipline, efficiency, and general good order of all under his command; and he will exercise careful and complete supervision over all the armament and material in his charge.
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An officer in temporary command may issue such orders at his discretion as circumstances require; but, should they be at variance with any previously issued by the Commanding Officer, he must, on all inspections, be able satisfactorily to show that the reason for doing so was imperative.
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No special orders are to be issued by the Commanding Officer without reference first being made to the Officer Commanding the Permanent Militia, except in very urgent cases, which should be at once reported.
OFFICERS IN GENERAL.
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Officers are to make themselves acquainted with every man of the battery or detachment to which they belong, and acquire a thorough knowledge of his disposition and character. When they reprimand a man they are on no account to use violent or irritating language.
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Officers are not to exchange duties without permission.
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Whenever an officer on duty finds himself unwell he is immediately to report the case, in order that he may be relieved.
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Officers when visiting men’s rooms are to see that the beds are folded, arms arranged, and clothing disposed according to orders.
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The Officer Commanding the Permanent Militia expects the utmost exertions from every officer in instructing the men in their duties. They must inspire them with ideas calculated to raise them in their own estimation, teach them how to address their officers, speak kindly to them off duty, attend to their food, clothing, and comforts, be always ready to listen to and forward all just complaints, and do them on all occasions the most impartial justice.
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Officers must pay the strictest attention to the existing regulations regarding their dress.
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Officers are to wear their prescribed uniform in camp and quarters while on duty.
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Officers are directed to pay strict attention to all returns presented to them by non-commissioned officers for their signature, as the officer alone will be held responsible for their correctness.
OFFICERS COMMANDING BATTERIES OR COMPANIES.
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The Officer Commanding the battery or detachment is responsible for its arms, accoutrements, ammunition, and for its internal management and conduct in every particular; he is answerable that his battery or company is in every respect thoroughly efficient; that all the duties are carried on by officers and men with energy and zeal; that all orders and regulations are adhered to in every respect; and that all returns are made out according to form, and sent to the Staff Office in proper time.
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The Officer Commanding a battery is, in addition to
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Permanent Militia Regulations
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🛡️ Defence & Military25 May 1887
Permanent Militia, Discipline, Commanding Officers, Regulations, Conduct, Arrest, Gambling, Custody, Investigation, Charges, Summary Punishment, Drunkenness, Absence Without Leave, Hospital, Dismissal, Command, Officers, Duties, Uniform, Returns
NZ Gazette 1887, No 33