✨ Military Regulations
May 25.] THE NEW ZEALAND GAZETTE. 1579
to the offender’s company, &c., commander, and to the head-
quaters of the unit or corps to which the offender belongs.
- A Commanding Officer may, without reference to superior
authority, dispose summarily of a charge for an offence committed
by a trainee under any of the following sections of the Army Act :
Sections 6 (except on active service), 8 (2) (threatening or insub-
ordinate language only) (except on active service), 9 (2) (except
on active service), 10 (except subsection 1), 11, 15, 18 (1), (3), 19,
20 (except when the act is wilful), 21, 22, 24, 27 (4), 33, and 40.
Fines.
- A Commanding Officer may impose a fine up to £1 on a
private soldier for any offence mentioned in para. 464, the soldier
having no right to claim trial by Court-martial.
If in the interest of discipline, however, the Commanding Officer
considers a fine up to £1 unsuitable to the case, and provided the
offence is one which cannot be dealt with in a Magistrate’s Court,
he will remand the offender, and refer the case to superior military
authority.
-
A company, &c., commander may impose a fine up to 10s.
on a private soldier for offences such as the following, the soldier
having no right to claim trial by Court-martial: Appearing on
parade improperly dressed, or with clothing, arms, and accoutre-
ments incomplete or dirty; inattention and minor irregularities on
parade; minor cases of non-compliance with orders or neglect of
duty; drunkenness. -
If in the interest of discipline a company, &c., commander
considers a fine up to 10s. unsuitable to the case, he will refer the
case to the Commanding Officer. -
Fines will be paid to the officer imposing the fine or as
directed by him, and will be paid into the Public Account. -
In default of payment of a fine within fourteen days the
offender will be proceeded against in a Magistrate’s Court under
section 73 (1) and (2), Defence Amendment Act, 1912.
Discipline in the Reserve.
- Reservists when mobilized or at training are subject to
the same discipline as soldiers of the Territorial Force.
Retired List.
- Officers of the Retired List, whenever appearing in
uniform or in their capacity as officers, must conform to these
regulations and the customs of the service. Failure to do so will
render them liable to forfeit the privileges in regard to their reten-
tion of rank and wearing of uniform.
Discipline in the Cadets.
-
In companies forming part of the organization of a school
or other recognized organization the discipline will be in the hands
of the authorities of that school or organization, but will be
administered by and through the O.C. Company. -
Extra drills will be ordered, if necessary, for disciplinary
training. -
Any Cadet who creates a disturbance, refuses to drill or to
obey orders, or who in any way obstructs a parade is liable to be
dealt with under section 51, Defence Act, 1909.
Imprisonment and Detention.
-
Every person sentenced in New Zealand by a Court-
martial or by a Commanding Officer to any period of detention in
accordance with the Army Act shall be detained in pursuance of
that sentence either in military custody or in a detention barrack,
as may be determined from time to time by a committing authority
under these regulations. -
“Detention barrack” means any building or place in
the possession of the Crown (not being a prison or police-gaol under
the Prisons Act, 1908) declared by the Minister of Defence, by
warrant gazetted, to be a detention barrack for the purpose of the
Army Act. -
The control and administration of detention barracks
shall be in accordance with military orders, and in default of such
orders, or so far as they do not extend, then in accordance with the
discretion of the officer in command of the barracks. -
Every person sentenced to imprisonment by a Court-
martial in New Zealand shall be detained either in a prison or
police-gaol under the Prisons Act, 1908, or in some other place
appointed for that purpose under the authority of section 19 of
the Defence Amendment Act, 1912, as may be determined from
time to time by a committing authority under these regulations. -
(1.) “Committing authority” in respect of every person
sentenced to imprisonment or detention by a Court-martial means
and includes any of the following persons:—
(a.) The officer by whom the sentence of the Court-martial has
been confirmed.
(b.) An O.C. Command.
(c.) The Commanding Officer of the person so sentenced.
(2.) “Committing authority” in respect of every person
sentenced by a Commanding Officer means and includes the fol-
lowing persons:—
(a.) The Commanding Officer of the person so sentenced.
(b.) An O.C. Command.
D
-
A committing authority may from time to time order
the removal of any person so sentenced to imprisonment or deten-
tion from one lawful place of confinement to another, or may
transfer to a detention barrack any person sentenced to detention
and committed to military custody, or may transfer to military
custody any person committed to a detention barrack. -
The military custody of persons pending their trial for
offences under the Army Act or Defence Act, or pending their
reception in a prison, detention barrack, or other lawful place of
confinement in execution of any sentence of imprisonment or deten-
tion, and the military custody of persons committed to such
custody in execution of any sentence of detention, shall be in
accordance with military orders, and in default of such orders, or
so far as they do not extend, shall be in accordance with the
discretion of Commanding Officers.
COURTS-MARTIAL—COURTS OF INQUIRY—COMMITTEES AND BOARDS.
-
The names of officers authorized by the Governor-General
to convene or confirm general or district Courts-martial will be
published in General Orders from time to time. -
Courts-martial, Courts of Inquiry, Committees, and
Boards will be conducted in accordance with the Rules of Procedure
and the King’s Regulations. Special Courts of Inquiry assembled
under sections 67 to 71 of the Defence Act, 1909, will be assembled
and conducted in accordance with the provisions contained in
those sections. -
One officer at least of the Territorial Force will serve on
Courts-martial, Courts of Inquiry, Committees, and Boards assembled
in connection with the Territorial Force. If no Territorial officer
is forthcoming, the Adjutant of a Territorial unit will be considered
an officer of the Territorial Force for this purpose. -
No Court of Inquiry, Committee, or Board involving
expense will be held without the authority of the O.C. Command.
SECTION VIII.—GENERAL DUTIES AND MISCELLANEOUS.
ATTESTING OFFICERS.
-
All officers of the Permanent Forces shall be attesting
officers, and may attest members of any branch or portion of the
Military Forces. -
All officers of the Territorial Force shall be attesting
officers for the purpose of administering the oath of allegiance to
members of the Territorial Force, Cadets, General Training Section,
or the Territorial Force Reserve.
RESPONSIBILITY FOR PUBLIC MONEY AND STORES.
-
An officer entrusted with public money will keep a record
of his cash transactions as may be required by the Financial In-
structions, and the book in which this is kept will be retained under
lock and key in the officer’s own custody. Every officer charged
with making payments will either make them himself or see that
they are made in his presence. He is personally responsible for
any sum of money he may entrust to subordinates. -
Any officer or person in charge of public stores of any
kind is strictly forbidden to lend any article in his charge for any
purpose not sanctioned by his Commanding Officer. The Command-
ing Officer, before sanctioning the issue on loan of any government
property, will comply with the instructions contained in “Instruc-
tions relating to Accounting for Stores.”
SECURITY OF STORES AND CASH.
-
For each area or Territorial unit store there shall be two
keys, one of which shall be known as the duplicate key, which shall
be retained in the possession of the Area Officer or unit commander,
and shall be used by him only in cases of emergency. The other
key shall be retained in the possession of the area sub-accountant
or unit accountant, who is the person responsible to the Area Officer
or unit commander for the issue and receipt of clothing, arms,
equipment, office furniture, and training and range equipment on
issue to areas and units respectively. -
A company, &c., commander is responsible that all cash
payments made to a soldier, and all moneys due from time to time,
are duly recorded. Cash payments will be made in the presence
of an officer and two witnesses (other than the pay-sergeant), who
will certify that amounts charged have been actually paid and
receipts taken on the prescribed form. -
A quartermaster will not perform any cash duties except
in circumstances in which he is, by the regulations, recognized as
a sub-accountant. -
Detailed instructions regarding responsibility and account-
ing for public stores are contained in “Financial Instructions” and
“Instructions relating to Accounting for Stores.”
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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