✨ Military Regulations and Discipline
1578
THE NEW ZEALAND GAZETTE.
[No. 32
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A Commanding Officer should impress upon all under his
command the propriety of courtesy in intercourse with all those
with whom they, as officers and soldiers, are brought into contact,
and should particularly caution them to pay deference and respect
to Civil authorities. -
Attempts to obtain favourable consideration of any application by use of outside influences are forbidden, and, if resorted to,
will be regarded as an admission on the part of the applicant that
his case is not good on its merits, and it will be dealt with accordingly. -
When an interview is asked for, or a letter written on
behalf of an officer or soldier by any person other than himself,
such application will be deemed to have been made at his suggestion,
unless he can show to the satisfaction of the authorities that he
has no knowledge, directly or indirectly, of such application. -
Officers and soldiers in their capacity as such must guard
against being placed in such a position that they may be influenced
in the discharge of their duty by other than purely public considerations. -
Officers and other ranks of the N.Z. Permanent Forces
may attend political meetings for the purpose of hearing the views
of candidates for parliamentary and municipal honours, but they
are forbidden to attend such meetings in uniform, or to take part
in any discussion thereat, or to participate in any demonstration
or procession for sectarian, party, or political purposes, other than
to cast their votes. -
Officers and other ranks of the N.Z. Territorial Force are
forbidden to wear uniform at political meetings, or when participating
as private citizens in any demonstration or procession for sectarian,
party, or political purposes. -
Any information of a professional nature which an officer
or soldier may acquire while travelling or employed on duty is to
be regarded as the property of the Defence Department, and is
not to be published in any form without the permission of the
General Officer Commanding. -
An officer or soldier is not to prejudge questions which
are under the consideration of superior military authority, by the
publication, anonymously or otherwise, of his opinions; and he
is not to take part in public in a discussion relating to orders,
regulations, or instructions issued by his superiors. -
Except in the strict course of official duty, no military
information shall be given, directly or indirectly, or otherwise used
by any officer or soldier of the Defence Forces, without the express
direction or permission of the Minister of Defence. (NOTE: A
similar provision covering civilian employees is contained in the
General Regulations made by the Public Service Commissioner.) -
Any officer or soldier of the Defence Forces proved to
have written or have instigated any communication to a newspaper on matters connected with the Defence Forces or any portion
thereof, or calling in question or reflecting upon any action of the
Defence authorities or any act of any superior officer, is guilty of insubordination, and liable to be dealt with accordingly. Communications to the Press on matters affecting the Defence Forces or Defence policy shall be made only by an officer authorized to do so. -
No officer or soldier or other official is permitted to make
or possess copies of or extracts from official files and communications for his own private use or for the information of persons not
authorized to receive them.
Conduct-sheets.
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In the Permanent Forces conduct-sheets will be prepared
and maintained as laid down in King's Regulations. -
In the Territorial Force and Cadets one conduct-sheet
(N.Z. 178) will be maintained for every soldier, on which will be
entered every conviction by the Civil or military powers. Each
entry will be initialled and dated by the Commanding Officer or
Adjutant in the column for remarks. The signature in full will
be appended to Civil Court or Court-martial entries.
Discipline in the N.Z. Permanent Forces.
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In all cases when and where applicable, and when not
otherwise provided for in the. N.Z. Defence Acts or regulations
made thereunder, the N.Z. Permanent Forces will be governed by
the Army Act and King's Regulations so far as the maintenance
of discipline is concerned. -
Officers, warrant officers, non-commissioned officers, and
men of the N.Z. Permanent Forces are subject to military law at
all times. -
A Colonel Commandant of a Command will have the
powers of a Colonel Commandant as laid down in the Army Act. -
An O.C. Regiment or Corps will have the full powers of a
Commanding Officer as laid down in the Army Act and King's
Regulations. -
The O.C. Royal N.Z. Artillery in a command, or the
senior officer of a corps on a station, is vested with the power of
awarding summary punishments to the extent mentioned below:
(a.) If of field rank, the full powers of a commanding officer
of a unit (vide King's Regulations), except that—
(i.) The maximum period of detention that he
may award is hereby limited to fourteen days.
(ii.) The maximum deduction from ordinary pay is
hereby restricted to fourteen days:
(iii.) He may not award field punishment.
(b.) If not of field rank, the powers of a commanding officer of
a unit as restricted by King's Regulations.
(c.) If below the rank of Captain, the powers of a company, &c.,
commander as defined in King's Regulations. -
In addition to the summary punishments that may be
awarded under the Army Act and King's Regulations, the officers
mentioned in paras. 452, 453, and 454 may also inflict fines on
private soldiers as follows:
(i.) Officers of field rank may inflict fines not exceeding £5:
(ii.) Officers not cf field rank may inflict fines not exceeding £2:
Provided that a fine exceeding £1 will not be inflicted without the
soldier first being given the right to claim trial by Court-martial. -
As regards fines for simple drunkenness, in the case of
private soldiers the following scale will be adhered to, subject to
the soldier's right to elect, before award, to be tried by Courtmartial : First offence of simple drunkenness, fine of £1 : second
offence, if within six months of previous offence, fine of £2 ; if over
six months, £1 : third offence, dismissal from the Forces. -
Members of the Permanent Staff will, as regards discipline,
be under the officers of the N.Z. Permanent Forces under whom
they are serving. Offences requiring reference to superior authority
will be submitted to the O.C. Command, who will report the action
taken, or refer the case to General Headquarters. -
A soldier of the Permanent Forces who for inefficiency or
misconduct is adversely reported upon by the officer under whom
he is serving, and by the O.C. Command or the O.C. Regiment or
Corps concerned, will be liable to be dismissed, discharged, or,
in the case of a warrant officer or non-commissioned officer, reduced
to a lower grade or to the ranks (vide para. 254), but any
such discharge or reduction will be subject to the approval of the
General Officer Commanding, and will not be given effect to until
the soldier has been given an opportunity of further stating his
case (vide para. 434).
Discipline in the Territorial Force.
-
Officers are at all times subject to military law. All
other ranks are subject to military law when on parade or in camp,
or when proceeding to or returning from parade dr camp, or when
performing any military duty required of them by the Defence
Act, or regulations made thereunder. -
In dealing with offences committed by members of the
Territorial Force who are subject to military law at certain times
only, the offences which will be dealt with under military law are
purely military offences committed when in uniform and actually
on parade or in camp, or proceeding to or from parade or camp, or
at manoeuvres. All other offences against the Defence Act will be
dealt with by the Civil power. -
Officers at all times, and soldiers of the Territorial
Force when performing military duty or going to or from the place
of parade, exercise, or military duty, who commit any of the offences
specified in Part I of the Army Act, shall be liable to be arrested,
tried, and punished in the manner laid down in the Army Act,
Rules of Procedure, King's Regulations, the Defence Act, and these
regulations, with the following provisoes:
(a.) That no sentence shall be imposed by any Court-martial
for a longer term of imprisonment or detention than
three months, for any offence committed in time of
peace (vide Defence Amendment Act, 1912, section 18):
(b.) That when the offence for which the officer or soldier is
tried is one of those specified in the Defence Act the
punishment awarded shall not exceed that therein laid
down for that offence :
(c.) That the summary punishments detailed in King's Regulations, other than "reprimand," "severe reprimand,"
and "admonition," shall not be awarded except during
annual training in camp or when mobilized. If detention or confinement to barracks is awarded during annual
training it shall in no case exceed the period for which
the soldier concerned was called into camp.
Arrest and Military Custody.
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When mobilized, or when embodied for training, officers
and soldiers of the Territorial Force charged with any military
offence may be arrested as laid down in King's Regulations. At
all other times offences which cannot be dealt with on the spot
will be reported to superior authority for instructions as to disposal,
the offender in the meantime, except in cases of violence, being
placed in open arrest, in which case he will not be allowed to wear
uniform or attend parade until his case is disposed of. -
In cases of violence the offender may be arrested and
temporarily placed in military custody, or be handed over to
the Civil power for temporary custody, on the authority of the
senior officer, warrant officer, or non-commissioned officer available
on the spot. On the conclusion of the parade the offender may
be released from confinement without prejudice to future proceedings being taken against him. The officer, warrant officer, or noncommissioned officer ordering the arrest will secure the names of
witnesses, and will report the case at once verbally or by telegram
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VUW Te Waharoa —
NZ Gazette 1927, No 32
NZLII —
NZ Gazette 1927, No 32
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Military Law and Discipline
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🛡️ Defence & MilitaryMilitary Law, Discipline, Courts-Martial, Regulations, Conduct, Offences, Punishments