Military Discipline Regulations




1284
THE NEW ZEALAND GAZETTE.
[No. 52

Refusing or neglecting to obey any lawful order of his superior officer while going to, present at, or returning from any parade, inspection, or military exercise;
Behaving in a disorderly manner or in a manner subversive of good discipline while going to, present at, or returning from any parade, inspection, or military exercise;
Being in a state of intoxication while going to, present at, or returning from any parade, inspection, or military exercise;
Being insolent towards his superior officer while in the execution of his duty as such officer;
Failing to keep in proper order any arms, accoutrements, or ammunition, appointments, or property intrusted to him as a Volunteer,—
Such person may, if an officer, be ordered under arrest by such commanding officer until his case is inquired into; and, if not an officer, may be ordered into the custody of any member of the Volunteer Force until the parade, inspection, or military exercise is over; and such commanding officer may, by writing under his hand, order that such person shall pay such fine not exceeding £1 for each offence as such commanding officer may think fit.

  1. (1.) Any Volunteer thus summarily dealt with by the commanding officer of his unit or company may, at any time within seven days after the service of a copy of such order on him, notify to such O.C. in writing that he appeals against his decision to the O.C. the District, and the O.C. such unit or company shall thereupon report the case to the O.C. the District, who shall on the first convenient inquiry that such Volunteer has been unjustly dealt with, or that the opportunity inquire into such appeal.

(2:) If it should appear on offence is not proved or only partially proved, the O.C. the District may cancel or reduce such summary sentence, or, if the offence be proved, may confirm it; but, should he be of opinion that such Volunteer has not been adequately punished, or that the appeal is frivolous or vexatious, he may increase the fine, provided such fine, when increased, does not exceed £2, or dismiss the offender from the Force, as provided in Regulation 194, but subject to the provision of Regulation 196.

  1. If any Volunteer upon whom a fine has been inflicted by an order as aforesaid does not, within seven days after service of a copy of such order upon him, either personally or by leaving the same at his last known abode, pay such fine to the O.C. the company or unit to which he belongs, or appeal from such order, such O.C. may, within three months of such offence, transmit a duplicate of such order under his hand to the Clerk of the nearest Justice’s or Stipendiary Magistrate’s Court, and the Defence Act shall be a sufficient authority to such Clerk to record such order as if the same were a conviction by Justices under “The Justices of the Peace Act, 1882.”

  2. Upon any such order being recorded as aforesaid, it shall have all the force of a conviction made by a Justice of the Peace, and any proceedings may be had thereupon, and warrants issued, for the recovery of any fine inflicted as aforesaid, as if it were a penalty for which a conviction had been obtained.

  3. Where an order has been appealed against as aforesaid, the same proceedings as provided in the case of an original fine may be had for the recovery of any fine as the same may have been confirmed or altered on appeal.

  4. Any officer reported as aforesaid shall be deemed to be under arrest until the decision of the Governor upon the Court of inquiry is made known.

  5. If any officer of Volunteers or Volunteer fails to appear at the annual inspection parade of the Commandant or other officer appointed to hold such annual inspection, without reasonable excuse, the Commandant or O.C. of his company or the district shall order him to pay a fine, if an officer, of not exceeding £5; and if a Volunteer, of not exceeding £1; and if such fine be not paid within seven days after a copy of such order shall be served upon him in the manner hereinbefore mentioned, such fine may be recovered, as provided in Regulations 199 to 201.

COURTS OF INQUIRY.

  1. The Commander-in-Chief, the Minister, the Commandant, and any officer commanding a district may summon commissioned


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1905, No 52





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🛡️ Discipline Regulations for the Defence Forces (continued from previous page)

🛡️ Defence & Military
Discipline, Defence Forces, Military Regulations, Volunteers, Arrest, Disobedience, Saluting, Reporting Breaches, Command Channels