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.

  1. 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.

  1. 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.

  1. 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.

  2. 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.

  3. Fines will be paid to the officer imposing the fine or as
    directed by him, and will be paid into the Public Account.

  4. 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.

  1. Reservists when mobilized or at training are subject to
    the same discipline as soldiers of the Territorial Force.

Retired List.

  1. 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.

  1. 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.

  2. Extra drills will be ordered, if necessary, for disciplinary
    training.

  3. 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.

  1. 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.

  2. “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.

  3. 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.

  4. 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.

  5. (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

  1. 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.

  2. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  1. All officers of the Permanent Forces shall be attesting
    officers, and may attest members of any branch or portion of the
    Military Forces.

  2. 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.

  1. 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.

  2. 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.

  1. 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.

  2. 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.

  3. A quartermaster will not perform any cash duties except
    in circumstances in which he is, by the regulations, recognized as
    a sub-accountant.

  4. 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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🛡️ Military Law and Discipline (continued from previous page)

🛡️ Defence & Military
Military Law, Discipline, Courts-Martial, Regulations, Conduct, Offences, Punishments