Defence Act 1908
Defence Act 1908
Defence Act 1908
Defence Act 1908
Public Act |
1908 No 41 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Defence Forces of New Zealand.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Defence Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All districts, Forces, offices, appointments, commissions, enrolments, Courts, clubs, corps, drill-sheds, rifle ranges, reserves, rules, regulations, by-laws, Proclamations, Orders in Council, orders, warrants, instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
Provided that in the case of current appointments or engagements for specified terms each such term shall be computed from the date of its commencement.
(b.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Parts, as follows:—
Part I.—General Powers of the Governor. (Sections 3 to 14.)
Part II.—Militia. (Sections 15 to 35.)
Part III.—Permanent Militia. (Sections 36 to 43.)
Part IV.—Volunteers. (Sections 44 to 76.)
Part V.—Volunteer Drill-sheds and Lands. (Sections 77 to 102.)
Part VI.—Imperial Reserve. (Sections 103 to 106.)
Part VII.—Courts of Inquiry. (Sections 107 to 111.)
Part VIII.—Special Service. (Sections 112 to 114.)
Part IX.—Actual Service. (Sections 115 to 121.)
Part X.—Courts-martial. (Sections 122 to 126.)
Part XI.—General Provisions. (Sections 127 to 158.)
2 Interpretation.
1886, No. 17, sec. 2 1900, No. 69, sec. 2(1) 1907, No. 38, sec. 2
In this Act, if not inconsistent with the context,—
“Appointments” includes accoutrements and equipments of every kind other than clothing:
“Army Act” means the Act of the Imperial Parliament shortly intituled “The Army Act, 1881,”
and includes any Act continuing or amending the same, and the Articles of War for the time being in force, made under the authority thereof respectively:
“Camp” means any special assembly of any portion of the Defence Forces for instruction or training and exercise at a particular place authorised or ordered by the Commander-in-Chief or other competent authority:
“Commandant of the Defence Forces” or “Commandant” means the officer appointed by the Governor to command the whole of the Defence Forces, and to have charge of the defences of New Zealand:
“Commanding Officer” means such officer as may be appointed by the Governor to command a district or camp of exercise, or, in his absence, the senior ombatant officer, according to relative rank, serving in or belonging to the Defence Forces:
“Commanding Officer of Corps” means the senior officer present in command of any regiment, battalion, division, or corps, or any part thereof:
“Corps” means a regiment of mounted rifles, a battery of artillery, a division of garrison artillery, or a battalion of infantry; and includes a portion of a battery or division of artillery, a company of engineers, rifles, or mounted infantry, a transport corps, a bearer corps, and a reserve corps forming part of the Defence Forces:
“Defence Forces” or “Forces” means all officers, non-commissioned officers, and men in the New Zealand Militia, the New Zealand Volunteers, and the Permanent Militia; and includes any rifle club or other armed Volunteer body enrolled in the Forces under the authority of the Governor for special service within or beyond New Zealand:
“District” means a district constituted under this Act:
“Efficient,” as applied to any member of the Volunteer Force, means that he has fulfilled the conditions under which he would be entitled to claim capitation:
“Field Officer” means an officer above the rank of captain:
“Maori” means an aboriginal inhabitant of New Zealand, and includes any person descended from an aboriginal inhabitant and living as a member of a Maori tribe or community:
“Militia” means and includes all commissioned and noncommissioned officers and privates in the New Zealand Militia, constituted or deemed to be constituted under this Act:
“Militiaman” includes every non-commissioned officer or private in the Militia:
“Minister” means the Minister of Defence:
“Officer” means any commissioned officer appointed or deemed to be appointed under this Act to the Defence Forces, or to any branch thereof:
“Permanent Militia” means and includes all commissioned officers and non-commissioned officers and other persons appointed or enrolled or deemed to be appointed or enrolled under this Act in the Permanent Militia Force:
“Prescribed” means prescribed by this Act or by regulations hereunder:
“Property,” in relation to Volunteers, means and includes arms, stores, ammunition, clothing, and musical instruments belonging to any Volunteer corps, and money subscribed by or granted for the use of any such corps, and all real or personal property acquired or purchased for or by any such corps:
“This Act” includes regulations made by the Governor under this Act:
“Volunteer Force” means the officers, non-commissioned officers, and Volunteers enrolled or deemed to be enrolled under this Act, including the Permanent Staff:
“Volunteer” means a non-commissioned officer, bugler, musician, or private, duly enrolled in any Volunteer corps formed under this Act.
Part I General Powers of the Governor
3 Governor may divide New Zealand into districts.
1886, No. 17, sec. 3
The Governor may from time to time divide New Zealand into districts for the purposes of this Act, and designate the same respectively by such names as he thinks fit, or may alter or abolish such districts or designations, and appoint others in place thereof respectively.
4 Governor may make regulations.
Ibid, sec. 4
(1.)
The Governor may from time to time make regulations for any of the following purposes: —
(a.)
The enrolment, promotion, discipline, training, exercise, arms, accoutrements, clothing, equipment, conveyance, pay, rations, and lodging of the Forces or of any portion or individual thereof:
(b.)
The punishment, dismissal, discharge, or disbandment of any portion or members of the Forces:
(c.)
Artillery and rifle practice, or grounds used for the purposes of this Act, or the property of the Government, and the prevention of intrusion thereon during the times of shooting or practice:
(d.)
Rewards and prizes for long service or efficiency:
(e.)
The issue of certificates for efficiency of members of the Volunteer Force:
(f.)
Fixing a limit of age at which non-commissioned officers and men shall cease to serve in the Volunteer Force:
(g.)
The establishment and conduct of canteens in camps of exercise, or other assemblies of the Volunteer Force:
(h.)
Prescribing the mode and subjects of examination for commissions in the Volunteer Force:
(i.)
Prescribing the mode in which the hereinafter-mentioned rules may be made by a Volunteer corps, or by two or more such corps, as the case may be:
(j.)
Anything deemed necessary for effectually carrying this Act into effect.
(2.)
All such regulations shall be gazetted, and shall come into force at a time to be therein prescribed, and from such time shall affect and govern all persons whom they purport to affect and govern, whether members of the Forces or not; but no such regulations shall be valid if repugnant to the provisions of this Act.
5 Governor to be Commander-in- Chief, and have power to appoint officers in the Defence Forces.
1886, No. 17, sec. 5 1900, No. 69. sec. 2(4)
The Governor shall be the Commander-in-Chief of all the Defence Forces of New Zealand, and shall have all the powers and may exercise and discharge all the duties and obligations respecting the Forces or any part thereof appertaining to the office of Commander-in-Chief; and, among other things, shall have the following powers, and may exercise the same from time to time:—
(a.)
He may, in the name and on behalf of His Majesty, by commission under the Public Seal of New Zealand, appoint to the Forces or any part thereof such officers as seem to him necessary, and may confer brevet rank on any such officer in the manner customary in His Majesty’s service; and may, by notice in the Gazette, attach or cause to be attached such officers to the general staff of the Forces, or to the regimental staff of any portion of such Forces, or to any corps, regiment, or battalion, or other division thereof, as he thinks fit; and may from time to time cancel or revoke any such commission, or summarily dismiss any such officer, and annul or vary any such appointment, or may discontinue the services of any officer in any capacity wherein such officer is no longer required:
Provided that it shall not be competent for the Governor to confer a commission in any of the Forces except under the restrictions and in conformity with the provisions of this Act, or any regulations hereunder for the time being in force:
(b.)
He may appoint an officer to be the Commandant of the Defence Forces, who shall be responsible for the discipline and efficiency of the Forces, and who shall inspect and report once in every year to the Governor upon the state of the Forces:
(c.)
He may appoint District Commanding Officers of such rank as he deems fit, to command all or such portions of the Forces within any district as the Governor determines, and appoint also for such district a permanent paid staff:
(d.)
He may appoint any officer or officers to inspect the Forces, or any portion thereof, and to report upon the state thereof:
Power to appoint Commandant and other officers for period not exceeding five years. 1900, No. 69, sec. 33
(e.)
He may contract for the engagement of a Commandant of the Defence Forces, and such other officers and non-commissioned officers of the Imperial Forces as he thinks fit, for any period not exceeding five years.
6 Governor may divide Forces into brigades. &c., and may disband such Forces.
1886, No. 17, sec. 6 1900, No. 69, sec. 2(5)
The Governor may from time to time, by notice in the Gazette,—
(a.)
Divide any portion of the Forces into brigades, battalions, regiments, corps, squadrons, companies, or other divisions, and designate such bodies by such names as he thinks proper; and also alter or cancel such divisions, and change or abolish any such designations, and regulate the uniforms to be worn:
(b.)
Disband any portion of the Forces, or dismiss any member thereof for misconduct or insubordination.
7 Officers to be British subjects or naturalised.
1886, No. 17, sec. 7
No person shall be an officer of any of the Forces unless he is a subject of His Majesty by birth or naturalisation.
8 Relative rank of officers.
Ibid, sec. 8 1900, No. 69, sec. 2(6)
(1.)
Officers of the Permanent Staff and Permanent Militia shall take precedence in rank of officers of other branches of the Defence Forces.
(2.)
Officers of the Militia and Volunteers of like rank, when serving together or on the staff, shall rank with each other according to the dates of their commissions.
(3.)
Where any commissions of like rank bear the same date, the holders thereof respectively shall rank according to the dates of their prior commissions, and in case there be no such prior commissions, then the aforesaid holders shall take rank alphabetically in the order of their surnames.
9 Officers already appointed deemed appointed under this Act.
1886, No. 17, sec. 9
All officers already appointed to any portion of the Defence Forces shall be deemed to have been appointed under and subject to this Act, and their commissions shall remain and subsist according to the seniority thereof respectively as if this Act had not been passed.
10 Appointment and reduction of non-commissioned officers.
Ibid, sec. 10
(1.)
Non-commissioned officers in the Defence Forces shall be appointed and may be reduced as prescribed by regulations.
(2.)
All appointments of non-commissioned officers heretofore made shall be deemed to have been made under the authority of and subject to this Act.
11 Oath of allegiance of Militia and Volunteers.
Ibid, sec. 11 1900, No. 69, sec. 2(7)
(1.)
Every officer, on receiving his commission in the Militia or Volunteer Forces, or in the Permanent Militia, and every Militiaman and Volunteer, and also every member of the Permanent Militia not being an officer thereof, on his enrolment in the muster-roll of his corps, or as soon afterwards as may be, shall take the following oath of allegiance before a Justice, or an officer of the Permanent Staff, or other commissioned officer of the Volunteer Force appointed by the officer commanding the district to perform such duty:—
“I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to our Sovereign Lord the King, and that I will faithfully serve in the Permanent Militia [or Militia, or Volunteer Force, as the case may be] until lawfully discharged.”
1886, No. 17, sec. 36
(2.)
Every man liable to serve or actually serving in the Militia who refuses to take the oath of allegiance is liable to a fine not exceeding one pound.
Ibid, sec. 11
(3.)
No officer or other member of the Militia, Volunteers, or Armed Constabulary Forces respectively who has taken the oath of allegiance aforesaid shall be required to take a new oath under this Act.
Duties of the Commandant of the Defence Forces
12 Duties of Commandant of Defence Forces.
1900, No. 69, sec. 3
Without in any way limiting the powers and functions of the Governor or of the Minister, the Commandant of the Defence Forces shall at all times be responsible to the Minister for the following matters:—
(a.)
The discipline, military training, and efficiency of the Defence Forces:
(b.)
The care, maintenance, and distribution of military stores, clothing, arms, accoutrements, and munitions of war placed under his control by the Minister:
(c.)
The construction, maintenance, and custody of all fortifications, works, and buildings, and charge of all magazines, storehouses, and lands belonging to the military authorities of New Zealand:
(d.)
The provision and maintenance of horses and transport for the troops, and directing land and water transport:
(e.)
The collection and record of strategical and other information:
(f.)
The preparation and maintenance of detailed plans for the mobilisation of the Defence Forces.
Council of Defence and Inspector-General of Defence Forces
13 Council of Defence to be appointed.
1906, No. 41, sec. 2
(1.)
The Governor may, by warrant under his hand and under the Public Seal of New Zealand, appoint a Council of Defence (hereinafter called “the Council”
) in connection with the Defence Forces, consisting of such persons, and for such period or term, and to hold any of the offices hereinafter named, or other offices, as to the Governor may seem fit, and may from time to time reappoint any of such person or persons:
Provided that none of such persons shall be appointed for a longer period than five years at one time.
Ibid, sec. 3
(2.)
The Minister shall be responsible to the Governor and to Parliament for all the business of the Council.
Business of Council. Ibid, sec. 4
(3.)
All business of the Council, other than business which the Minister specially reserves to himself, shall be transacted in the following principal divisions: —
(a.)
The first military member of the Council (the chief of the General Staff) and the second military member (the Adjutant-General and Quartermaster-General) shall be responsible to the Minister for the administration of so much of the business relating to the organization, disposition, personnel, armament, and maintenance of the Defence Forces as shall be assigned to them, or each of them, from time to time by the Minister.
(b.)
The finance member of the Council shall be responsible to the Minister for the finance of the Defence Forces, and for so much of the other business of the Council as may be assigned to him from time to time by the Minister.
(c.)
The Secretary to the Council will be charged with the preparation of all official communications of the Council, and with such other duties as the Minister may from time to time assign to him.
14 Inspector-General.
1906, No. 41, sec. 5
(1.)
The Governor may from time to time appoint some fit person to be an Inspector-General of the Defence Forces, and who shall hold office for a period of not exceeding five years at any one time, but may be from time to time reappointed.
Ibid, sec. 6
(2.)
The duties of the Inspector-General of the Defence Forces shall be, under the orders and direction of the Council, to review generally and to report to the Council on the practical results of the policy of the Council, and for that purpose to inspect and report annually upon the training and efficiency of all members of the Defence Forces, on the suitability of their armament and equipment, on the conditions of the fortifications and defences of New Zealand, and generally on the readiness and fitness of the Defence Forces for war.
Salaries. Ibid, sec. 7
(3.)
The several members of the Council and the Inspector-General of the Defence Forces shall severally be paid such annual salaries out of the Consolidated Fund as shall from time to time be appropriated by Parliament for the purpose.
Part II Militia
15 All inhabitants, including Maoris, liable to service in Militia.
1886, No. 17, sec. 16
(1.)
The Militia shall consist of all the male inhabitants of New Zealand (including Maoris) between the ages of seventeen and fifty-five, not hereinafter exempted, who have resided in New Zealand for a period of six months.
Persons exempt from serving in Militia. Ibid. sec. 17
(2.)
The following persons shall be exempt from training and actual service in the Militia:—
The Judges of the Supreme Court:
The Judge of the Arbitration Court:
The members of the Executive Council:
The members of the General Assembly:
The officers of the General Assembly:
Secretaries and Under-Secretaries of the General Government: The Judges of the Native Land Court:
The Public Trustee:
Magistrates:
Telegraph clerks:
Postmasters, mail-carriers, and ferrymen:
All officers, clerks, or other persons acting in the management or collection of the Customs revenue:
Persons employed on railways open for traffic:
All officiating ministers within the meaning of “The Marriage Act, 1908”
:
The professors in any college or university:
All Sheriffs and constables:
All Wardens and other officers of any proclaimed mining district or gold-mining district respectively:
All duly registered medical practitioners in practice:
The warders and keepers and guards of every public prison and lunatic asylum, and the attendants on the sick in every public hospital:
Teachers of schools actually engaged in teaching:
Seafaring men (other than watermen and boatmen) actually engaged in their calling:
All Volunteers enrolled under this Act:
All persons afflicted with lunacy, deafness, blindness, or with any other disease or infirmity rendering them unfit for service, such disease or infirmity being certified by a duly qualified medical practitioner appointed by the Governor, and paid by the Government for that purpose:
Provided that each such certificate shall state the nature of the disease or infirmity under which the claimant is labouring, and whether it incapacitates him for actual service and training and exercise, or for actual service only.
Proof on person claiming exemption. 1886, No. 17, sec. 17
(3.)
Where any person claims exemption, whether on the ground of age, period of residence, or otherwise, or alleges that he ought to be placed in a class different from that in which he is placed, the burden of proof shall rest on the person so claiming exemption, or so alleging.
Persons, though exempt, may serve voluntarily. Ibid, sec. 18
(4.)
No exemption shall prevent any person not disabled by bodily or mental disease or infirmity from serving or holding a commission in the Militia by his own consent.
16 Rank of retired naval or military officer in Militia.
Ibid, sec. 19
No officer who has voluntarily retired or has been superannuated from His Majesty’s military or naval service shall be required to serve in the Militia in a lower rank than he held in such service.
17 Maoris may be exempted.
Ibid, sec. 20
The Governor in Council may by Proclamation from time to time declare all or any Maoris living in any district or part of a district to be exempt from training and service in the Militia; and may by Proclamation from time to time suspend exemption in any such district or part of a district, either wholly or partially, in respect of any such Maoris.
18 Miners’ claims to be protected during absence on duty.
Ibid, sec. 21
Where any miners or any holders of miners’ rights are called out for Militia duty, their claims and interests in claims or water-rights and their miners’ rights shall be protected during their absence on such duty.
19 Classes of Militia.
Ibid, sec. 22
The Militia shall be divided into the following classes, namely:—
Class I: Unmarried men between seventeen and thirty years of age:
Class II: Married men between seventeen and thirty years of age, and unmarried men between thirty and forty years of age:
Class III: Married men between thirty and forty years of age and unmarried men between forty and fifty-five years of age.
Enrolment of the Militia
20 Military districts and subdistricts.
1900, No. 69, sec. 4
For the purposes of enrolling and organizing the Militia, the Governor may from time to time, by any general order,—
(a.)
Divide New Zealand into “military districts”
and “subdistricts,”
and define or alter the boundaries thereof:
Appointment of Enrolment Officers.
(b.)
Appoint fit persons, to be called “Enrolment Officers,”
for each of such districts or subdistricts, or as he may deem expedient.
21 Roll of persons liable to serve.
Ibid, sec. 5
Every Enrolment Officer shall prepare in each year a roll showing the names and other prescribed particulars of and relating to all persons resident in the district or subdistrict liable to serve in Class I of the Militia, and for this purpose shall, if necessary, make actual inquiry at each house in his district or subdistrict, and adopt any other means in his power to make and complete a correct roll.
22 Householder to give information.
Ibid, sec. 6
Every master or mistress of any licensed publichouse, lodginghouse, or private dwellinghouse shall, upon the application of an Enrolment Officer, give all such information as to the names, ages, qualifications, and liability to serve in the Militia of all persons residing or lodging in such house as such officer may demand and such master or mistress is able to give.
23 Complete roll to be posted.
Ibid, sec. 7
On or before a date to be fixed in each year by regulations, every Enrolment Officer shall forward to the Commandant the complete roll of his district or subdistrict, and shall cause copies thereof to be placed in conspicuous places in his district or subdistrict.
24 Notice to be given to persons enrolled.
Ibid, sec. 8
A notice in the prescribed form shall be sent by the Enrolment Officer, within five days of the posting of such rolls, to every person whose name is enrolled therein, informing him of his liability to serve in the Militia, and giving him such instructions as may be prescribed by regulations.
25 Roll prima facie evidence.
Ibid, sec. 9
Every such roll shall be prima facie evidence of the particulars contained therein, but no person shall be relieved from serving in the Militia by reason of the erroneous entry or omission of his name on or from such roll.
26 Person liable to serve to give in his name within twenty days.
Ibid, sec. 10
Every man liable to be enrolled in the Militia, and not so enrolled, shall, within twenty days after the posting of the roll in the district wherein he resides, give his name, age, and place of residence, either personally or in writing, to the Enrolment Officer of the district.
27 Division of Force into battalions, &c.
Ibid, sec. 11
On the completion of such rolls the force available for service in the Militia, as appearing on such rolls, shall be divided into companies, regiments, and battalions, or such other divisions as may be directed by the Commandant, and such officers shall be appointed thereto by the Governor as he deems necessary.
28 Person removing to another district to be enrolled therein.
1886, No. 17, sec. 30 1900, No. 69, sec. 2(9)
(1.)
Any man liable to serve or actually serving in the Militia in any district, who removes to another district, shall, within twenty days thereafter, give in his name, age, and place of residence to the Enrolment Officer of the district into which he removes, for the purpose of being enrolled therein.
1886, No. 17, sec. 36
(2.)
Every man who commits a breach of this section or of section twenty-six hereof is liable to a fine not exceeding one pound, with a further fine not exceeding one shilling for every day during which the breach continues.
29 Dispute as to liability of person to serve.
1886, No. 17, sec. 31 1900, No. 69, sec. 2(10)
Where any dispute arises between an Enrolment Officer and any man as to his liability to serve, or as to the class to which he should belong, the Enrolment Officer may require him to make a statutory declaration before a Justice as to the matter in dispute.
30 Officer commanding Militia company to make out roll.
1886, No. 17, sec. 3
Each officer commanding a company of Militia shall, within one month of the enrolment thereof, and between the first and fifteenth day of February in each year thereafter, make out a correct roll of his company, showing the names, ages, residences, and classes of the Militiamen therein, and shall transmit the same to the officer commanding the battalion or regiment to which he belongs, who, within one month of the receipt thereof, shall prepare and forward a correct nominal return of his regiment or battalion to the officer commanding the district to which it belongs.
31 Officers not posted to regiments may be placed on unattached list.
Ibid, sec. 26
Officers on the active list who have not been posted to regiments or battalions, and who may desire to quit any district, may be placed on the general unattached list of the Militia for the district in which they reside.
32 Where commissions to lapse.
Ibid, sec. 26
If an officer remains for five years on the unattached list, or is absent from New Zealand for twelve months without leave from the Governor, or for twelve months after the period for which he may have obtained leave, his commission shall lapse and be void:
Provided that the Governor in special cases may retain any such officer permanently on the unattached list, if he is of the rank of a Field Officer:
Provided that the officers below the rank of Field Officer who, by notification in the Gazette of the third day of June, one thousand eight hundred and eighty-five, were permitted to be placed on a reserved list shall be entitled to be placed on the unattached list, and to remain thereon subject to the same conditions as are hereinbefore provided in the case of Field Officers, but may on application be placed on the active list, subject to their previously passing such examination as the Governor directs.
Training the Militia
33 Militia to be trained as military force.
Ibid, sec. 34
(1.)
The Governor shall cause the whole of the Militia, or such part thereof as he thinks fit, to be trained as a military force.
(2.)
For this purpose he shall by Proclamation cause fourteen days’ notice to be given of the times and places for the first muster.
(3.)
Such notice shall be published in some local newspaper circulating in the district, or be posted in some conspicuous place within the district.
(4.)
The particular times and places for subsequent meetings shall be fixed in every district by the officer commanding in such district.
(5.)
Every officer in command at any first muster or subsequent meeting may, by order on parade and without further notice, give notice of and appoint other times and places for such meetings.
(6.)
Every notice given as aforesaid shall be deemed sufficient notice to every Militiaman of the time and place of every meeting.
(7.)
No Militiaman shall be compelled to attend for training and exercise more than one hundred and sixty-eight hours in any one year.
34 Offences by Militiamen.
1886, No. 17, sec. 63
Every person serving or liable to serve in the Militia is liable to a fine not exceeding one pound who—
(a.)
Neglects or refuses to attend any muster, inspection, or parade at the place and hour appointed therefor; or
(b.)
Absents himself without leave from any muster, inspection, or parade during any part of the time appointed therefor; or
(c.)
Neglects or refuses to obey any lawful order of his superior officer while going to, present at, or returning from any muster, inspection, or parade; or
(d.)
Behaves in a disorderly manner or in a manner contrary to good discipline while going to, present at, or returning from any muster, inspection, or parade; or
(e.)
Is drunk while going to, present at, or returning from any muster, inspection, or parade; or
(f.)
Is insolent towards his superior officer while in the execution of his duty as such officer; or
(g.)
Fails to keep in proper order any arms, accoutrements, or ammunition intrusted to him.
35 Certain offences to be punished by fine.
Ibid, sec. 37
(1.)
In every case where the officer commanding any regiment, independent company, or battalion of the Militia is of opinion that any person enrolled or serving therein is guilty of any of the offences following, that is to say,—
(a.)
Neglecting or refusing to attend any muster, inspection, or parade:
(b.)
Absenting himself without leave from any muster, inspection, or parade during any part of the time appointed therefor:
(c.)
Refusing or neglecting to obey any lawful order of his superior officer while going to, present at, or returning from any muster, inspection, or parade:
(d.)
Behaving in a disorderly manner or in a manner contrary to good discipline while going to, present at, or returning from any muster, inspection, or parade:
(e.)
Being in a state of intoxication while going to, present at, or returning from any muster, inspection, or parade:
(f.)
Being insolent towards his superior officer while in the execution of his duty as such officer:
(g.)
Failing to keep in proper order any arms, accoutrements, or ammunition intrusted to him,—
such officer may, by writing under his hand, order that such person shall pay such fine, not exceeding one pound for each offence, as such officer may think fit.
(2.)
If such person shall, 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 adjutant of the battalion or officer commanding the independent company to which he belongs, he shall be relieved from all liability under this Act to any penalty for the offence in respect whereof the order was given.
(3.)
It shall not be necessary, in any proceeding for the recovery of a fine under this section, to prove that any such order has been made, nor shall the making of such order take away or suspend the jurisdiction of any Court to try the offence; but every such proceeding shall be had in the same manner as if the offence had been one in respect whereof no power to inflict a fine had been given by this section, unless the defendant shall prove that he has paid the fine imposed within the said period of seven days.
(4.)
In the absence of the aforesaid officer commanding, the senior officer on parade, not being under the rank of captain, shall exercise the powers contained in this section.
Part III Permanent Militia
36 Governor may embody Permanent Militia Force.
1886, No. 17, sec. 73
The Governor may from time to time cause a sufficient number of fit and able men, whether Europeans or Maoris, to be embodied to serve as a Permanent Militia Force in and throughout New Zealand, or beyond the limits thereof, for resisting the common enemy, putting down rebellion, quelling disturbances, and preserving the peace.
37 Period of enrolment.
1900, No. 69, sec. 13 1907, No. 38, sec. 10
Every member of the Permanent Militia enrolled under the provisions of the last preceding section shall serve for a period of eight years from the time of his enrolment, subject to the following provisions:—
(a.)
At the expiration of five years’ service he shall be enrolled in a reserve list, and shall serve in the reserve for the remainder of such period of eight years.
(b.)
Every member enrolled in such reserve list shall be liable during the remainder of his term of service to be called on at any time to rejoin the Force for duty.
(c.)
Every member of the Permanent Militia may at the expiration of five years’ service, if of good character, be allowed to continue in active service for a further period to be fixed by regulations.
(d.)
Every member of the Permanent Militia may obtain his discharge at his own request at any time during the first three years on payment of the sum of three pounds, and at any time during the next succeeding two years on payment of the sum of two pounds, and after five years of service without payment; provided that the right conferred by this paragraph shall not be exercisable during any period in which members of the Permanent Militia are on actual service.
(e.)
Every member obtaining his discharge by payment as aforesaid shall be enrolled on the reserve list, and shall be liable to be called on at any time to rejoin the Force for duty during the remainder of the period of eight years aforesaid.
38 Permanent Militia to be subject to its own officers.
1886, No. 17, sec. 74
Members of the Permanent Militia shall, unless on actual service, be subject only to the orders of their own officers, and of the Commander-in-Chief, and of the officers and non-commissioned officers of the Permanent Staff.
39 In special cases may be transferred from place to place in aid of Civil Police.
1886, No. 17, sec. 75
(1.)
In the case of any sudden or extraordinary disturbance of the peace, or whenever any such disturbance is immediately apprehended, or for the fresh pursuit of offenders, or for the conveyance of prisoners, the Governor may order the whole or any part of the Permanent Militia to proceed to any part of New Zealand, and to act therein either in aid of or as a Police Force.
(2.)
When so acting every member of such Permanent Militia, although not sworn as a constable, shall have the same rights, powers, and authorities, and be subject to the same rules, regulations, and orders, and be in all respects in the same situation, as if he were a member of the Police Force.
40 Punishment for breach of discipline.
Ibid, sec. 76 1907, No. 38, sec. 8
For the purpose of promoting proper discipline, and of securing obedience to the regulations from time to time existing, the Commanding Officer of the Permanent Militia, or any officer commanding a detachment thereof, may stop from the pay of any member thereof, not being a commissioned officer, who offends against any such regulations any sum not exceeding one pound in respect of every such offence; or may direct any such member to be placed under arrest for the purpose of being tried by a Magistrate or two Justices, or by a Court of Inquiry as hereinafter constituted.
41 Member of Permanent Militia may be reduced, fined, and imprisoned for certain offences.
1886, No. 17, sec. 77 1907, No. 38, sec. 9
Every member as aforesaid, upon conviction by such Magistrate, Justices, or Court of Inquiry of any offence against the regulations, or of desertion during the period for which he has engaged to serve, or of refusing to serve, or of taking a bribe or any gratuity whatever for suffering any person lawfully in his custody to escape, or of wilfully neglecting to execute any order given to him by his superior officer, may be reduced to a lower grade, and shall also be liable to a fine not exceeding twenty pounds nor less than five shillings, and shall, in addition to such fine or in default of payment thereof, be liable to imprisonment for not less than one week nor more than six months in any prison or place of confinement within New Zealand; or the convicting Magistrate, Justices, or Court of Inquiry may, at his or their discretion, without inflicting any fine, sentence any such offender to six months’ imprisonment with or without hard labour.
42 Estate of intestate, how dealt with.
1886, No. 17, sec. 79 1900, No. 69, sec. 2(15)
If any member of the Permanent Militia dies intestate, the commanding officer of the corps to which the deceased belonged, or such other officer as the Governor appoints, may cause the effects of the deceased to be disposed of by public auction in such manner as he thinks fit; and the proceeds of such sale, together with any balance of pay or other moneys due to the deceased, shall be applied as follows:—
(a.)
Firstly, in payment of the funeral expenses and debts of the deceased: and
(b.)
Secondly, if, after payment of such expenses and debts, the sum remaining does not exceed one hundred pounds, the commanding officer or other officer as aforesaid shall pay the same to the widow or next-of-kin of the deceased; and the receipt of the person so entitled shall be sufficient discharge, although no letters of administration have been taken out; but if the sum so remaining exceeds one hundred pounds, it shall be paid to the Public Trustee.
43 Regulations.
1900, No. 69, sec. 14
The Governor may from time to time make regulations—
(a.)
Determining the number of men who may be enrolled in the Permanent Militia, and the qualifications required of recruits:
(b.)
Determining the rate of pay to which members of the Permanent Militia shall be entitled according to their various grades:
(c.)
Regulating the promotion of such members:
(d.)
Fixing a limit of age at which non-commissioned officers and men shall cease to serve in the Permanent Militia:
(e.)
Providing generally for the efficient maintenance and discipline of the Permanent Militia.
Part IV Volunteers
Formation and Discipline of Corps
44 Existing Volunteer corps deemed to be formed under this Act.
1886, No. 17, sec. 38
Every Volunteer corps in existence at the date of the passing of this Act shall be deemed to be formed and enrolled under and subject to this Act.
45 Governor may accept services of Volunteers.
Ibid, sec. 39 1907, No. 38, sec. 3
The Governor may from time to time—
(a.)
Accept the services of any persons desiring to be formed under this Act into a Volunteer corps or a reserve corps, on such terms as he thinks fit, and upon such acceptance the proposed corps shall be deemed lawfully formed under this Act as a Volunteer corps or a reserve corps;
(b.)
Unite two or more Volunteer corps into regiments or battalions, and appoint officers to such regiments or battalions in the manner prescribed by regulations, and fix the headquarters of such regiment or battalion or corps; and
(c.)
Disband or discontinue the service of any Volunteer corps, or any part of it, or cancel any union of separate corps into battalions or regiments.
46 Governor to fix headquarters of regiments.
1886, No. 17, sec. 40
Upon the acceptance of the services of any Volunteer corps, or upon the permanent formation of two or more corps into a regiment, battalion, or other division, the Governor may appoint some place to be the headquarters of such corps, regiment, or battalion, or of any portion thereof.
47 Corps may be united into battalions for drill purposes.
Ibid, sec. 41
When the Volunteer Force or any part thereof has not been permanently formed into a battalion or battalions by the Governor, district commanding officers may for drill purposes unite corps into a battalion or battalions, and temporarily appoint the senior officer to command the same, and an officer to act as adjutant from the corps so united:
Provided that each separate corps of any such battalion, whether formed permanently or temporarily, shall be severally deemed a Volunteer corps for the purposes of this Act.
48 Commissioned officers to be elected by corps.
Ibid, sec. 42
(1.)
Every Volunteer corps may elect all the company officers thereof below the rank of Field Officer, as also all the honorary, but not any other, staff officers of such corps; and before the name of any person is submitted to the Governor for commission as an officer of any corps of the Volunteer Force, such person shall be elected by not less than two-thirds of such enrolled members of the corps as are present at a meeting convened by advertisement published once at least in a newspaper circulating in the district.
Acting temporary appointment. 1880, No. 17, sec. 43
(2.)
The officer commanding the corps shall report the result of the election to the officer commanding the district, who shall certify as to whether the person elected is a fit and proper person to hold the position to which he has been elected, and also as to whether he is a born or naturalised subject of His Majesty; and shall forward such certificate, together with the report, to the Minister.
49 Acting officers to pass examination.
Ibid, sec. 44
(1.)
Every person so elected shall within the time prescribed pass the prescribed examination, after which the Governor may, if he thinks fit, grant him a commission.
(2.)
If the person elected fails so to pass, he must be re-elected before being allowed to be examined a second time.
(3.)
The Minister may appoint any officer temporarily to act in the capacity to which he has been elected, pending his passing the prescribed examination.
50 Efficient Volunteers may be enrolled on reserve list.
Ibid, sec. 45 1907, No. 38, sec. 4
(1.)
Volunteers who are returned under this Act as efficient in each one of three consecutive years may be enrolled upon a reserve list, but shall remain upon the rolls of their respective corps, and be liable to be called out for actual service, and shall attend inspection parades four times a year, at such times as the officer commanding the district appoints.
(2.)
If the officer commanding, on inspection, deems any Volunteer for the time being on such reserve list to be inefficient from failing to keep up to the standard of drill, his name shall be struck off the reserve list of his corps, and shall not be replaced thereon until he has again served three years as an efficient Volunteer.
51 Discipline of Volunteers.
1886, No. 17, sec. 46
With respect to the discipline of Volunteers the following provisions shall take effect and be in force except when on actual military service or in a camp of exercise:—
(a.)
The officer commanding a district may, on the report of a commanding officer of a corps and after due inquiry, dismiss any Volunteer not being a commissioned officer, and strike his name out of the muster-roll of the corps, and may disrate any non-commissioned officer thereof for disobedience of any lawful command or order of any of his superior officers while doing any military duty with his corps, or for neglect of duty or misconduct by him as a member of the corps, or for other sufficient cause; the existence or sufficiency of such cause respectively to be determined by such district commanding officer.
(b.)
Any Volunteer so dismissed shall not in any case be eligible to serve in any Volunteer corps for three years thereafter, or such further period in aggravated cases as may be fixed by the Governor.
52 Offences by Volunteer.
Ibid, sec. 47
(1.)
In every case where the officer commanding any battalion or corps of the Volunteer Force is of opinion that any person enrolled or serving therein is guilty of any of the following offences, that is to say,—
(a.)
Neglects or refuses to attend any parade, inspection, or military exercise at the place and hour appointed therefor:
(b.)
Absents himself without leave from any parade, inspection, or military exercise during any part of the time appointed therefor:
(c.)
Neglects or refuses to obey any lawful order of his superior officer while going to, present at, or returning from any parade, inspection, or military exercise:
(d.)
Behaves 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:
(e.)
Is drunk while going to, present at, or returning from any parade, inspection, or military exercise:
(f.)
Is insolent towards his superior officer while in the execution of his duty as such officer;
(g.)
Fails 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 as hereinafter provided.
(2.)
If such person is not an officer, he 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 by writing under his hand may order him to pay such fine, not exceeding one pound for each offence, as the commanding officer thinks fit.
Volunteer may appeal. 1886, No. 17, sec. 48
(3.)
Any Volunteer thus summarily dealt with by such commanding officer may, at any time within seven days, notify to such commanding officer in writing that he appeals against his decision to the officer commanding the district; and the officer commanding the corps shall thereupon report the case to the district commanding officer, who shall on the first convenient opportunity inquire into such appeal.
(4.)
If it appears on inquiry that such Volunteer has been unjustly dealt with, or that the offence is not proved or only partially proved, the district commanding officer may cancel or reduce such fine, or if the offence be proved may confirm it; but if he is of opinion that such Volunteer has not been adequately punished, or that the appeal is frivolous or vexatious, he may by order increase the fine to any sum not exceeding two pounds, or he may dismiss the offender from the Force as provided in section fifty-one hereof.
Order to be served. Ibid, sec. 49
(5.)
Every such order shall be served upon the Volunteer guilty of the offence by delivering a copy thereof to him personally or by leaving such copy at his last known abode.
Recovery of fine not paid within seven days.
(6.)
If the fine is not paid to the officer commanding the corps within seven days after service of the order upon the offender, the officer who made the order may transmit a duplicate thereof, certified under his hand, to the Clerk of the nearest Magistrate’s Court, and this Act shall be sufficient authority for the Clerk to record that order as if it were a conviction by Justices under “The Justices of the Peace Act, 1908.”
(7.)
The fine may thereupon be recovered as if it had been adjudged on a conviction under “The Justices of the Peace Act, 1908.”
53 Dismissal of Volunteer to be reported to Governor.
1886, No. 17, sec. 50
Whenever an officer commanding a district summarily dismisses a Volunteer, he shall without delay report the same, with the attendant circumstances, to the Governor, who may signify his pleasure thereupon and give such directions as he thinks fit with respect to such dismissal.
54 Officer guilty of insubordination, &c., to be placed under arrest.
Ibid, sec. 51
(1.)
If any officer of the Volunteer Force is guilty of insubordination, disobedience, neglect of duty, or any of the offences mentioned in section fifty-two hereof, he shall be placed under arrest, and the commanding officer of the corps shall prefer charges against him to the commanding officer of the district, who shall make a preliminary inquiry into them, and may reprimand such officer therefor.
(2.)
If the offence seems to the commanding officer of the district to require more severe punishment, he shall report the circumstance to the Minister, who thereupon shall direct a Court of Inquiry to examine into the matter, and on the receipt of the proceedings of such Court of Inquiry shall lay the same before the Governor, who may dismiss such officer or reprimand him, or deprive him of a portion of his seniority in the rank he holds, or acquit him, as he thinks fit.
(3.)
An 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.
Failing to attend annual inspection. 1907, No. 38, sec. 5
(4.)
If an officer of Volunteers or any Volunteer fails without reasonable excuse to appear at the annual inspection parade of the Inspector-General or other officer appointed to hold the annual inspection, the Inspector-General or the commanding officer of his corps or district shall order him to pay a fine of five pounds in the case of an officer, or of one pound in the case of a Volunteer.
(5.)
If such fine is not paid within seven days after notice of the order is served on him (either personally or by leaving the same at his last known place of abode or business), it may be recovered in the manner provided by subsections six and seven of section fifty-two hereof.
55 Volunteers may quit corps on certain conditions.
1886, No. 17, sec. 53 1906, No. 41, sec. 8 1907, No. 38, sec. 6
Any Volunteer may, after one year’s service, except when on actual military service, quit his corps on the following conditions:—
(a.)
He shall give to the commanding officer of his corps three months’ notice in writing of his intention to quit the corps, such notice to terminate during the months of March or September in any year:
Provided that any Volunteer desiring his discharge for the purpose of leaving the district or New Zealand shall be entitled to receive the same upon giving one fortnight’s notice, and fulfilling the conditions hereinafter provided:
Provided also that in case any corps is called out for actual service, all persons then on the roll of the corps shall be liable to serve, whether they have given such notice or not: and
(b.)
He shall deliver up in good order, fair wear and tear only excepted, all arms, clothing, and appointments, being public property or property of his corps, issued to him: and
(c.)
He shall pay all money due or becoming due by him under the rules of his corps, either before or at the time or by reason of his quitting it,—
and thereupon he shall cease to be a Volunteer.
Rules of Corps
56 Volunteer corps may make rules, &c.
1886, No. 17, sec. 54
(1.)
The officers and Volunteers belonging to a Volunteer corps may from time to time, in the prescribed mode, make rides for all or any of the following purposes:—
(a.)
The admission of honorary members, and persons wishing to be enrolled in such corps, and of members on the reserve list;
(b.)
The management of the property and civil affairs of the corps, and the vesting any such property in trustees for the benefit of the corps;
(c.)
The management and disposition of all lands purchased, leased, or otherwise acquired for the corps, and the application and management of any rents or other moneys derived from any sale, lease, or other disposition of any such lands;
(d.)
The imposition of fines for the breach of any of such rules by any member of the corps, not exceeding five pounds for each such breach; and
(e.)
Generally for the internal economy and management of the corps.
(2.)
The said rules shall have no effect until the same are approved by the Governor.
(3.)
From and after such approval the said rules may be enforced against the several members of the corps; and any fine imposed by any such rule may be recovered in any Court of competent jurisdiction at the suit of the officer commanding such corps.
Copy of rules to be evidence. Ibid, sec. 55
(4.)
A copy of the rules, certified under the hand of such commanding officer as a true copy of the rules whereof the Governor’s approval has been obtained, shall be conclusive evidence of the rules of the corps.
57 Two or more corps may be financially united.
Ibid, sec. 56
Two or more Volunteer corps may, with the approval of the Governor, unite together to make rules in the prescribed mode for the appropriation of joint funds, and may with the like approval vest such funds in trustees, to be applied for the benefit of such united corps; and such trustees may sue or be sued in respect of such trusts.
58 Recovery of subscriptions or fines.
Ibid, sec. 57
If any person belonging or having belonged to a Volunteer corps neglects or refuses to pay any money subscribed or undertaken to be paid by him towards any of the funds or expenses of such corps, or due under the rules of such corps and actually payable by him, such money shall, at any time within twelve months after the same becomes due and payable, be recoverable, with costs, from him at the suit of the commanding officer in any Court of competent jurisdiction as a debt due to the corps, and when recovered shall be applied as part of the general fund of the corps.
Capitation to Officers and Volunteers
59 Capitation allowance.
1907, No. 38, sec. 7
(1.)
There shall be paid out of moneys appropriated by Parliament for the benefit of Volunteer corps an annual capitation allowance in respect of every efficient officer and efficient Volunteer other than those for the time being entered on the reserve list mentioned in section fifty hereof, and in respect of every efficient member of a reserve corps.
(2.)
Out of the capitation allowance payable in respect of each Volunteer, a sum to be prescribed by regulations shall be paid to the officer commanding the division, regiment, or battalion to which the Volunteer belongs, and shall be applied by such officer in providing and maintaining the necessary uniform for that Volunteer. The remainder of the capitation allowance shall be paid to and be the property of the corps to which the Volunteer belongs.
Property of Corps
60 Property of corps not vested in trustees deemed vested in commanding officer.
1886, No. 17, sec. 67
(1.)
Where the property of a corps is not vested in trustees, the same, or such part thereof as is not so vested, shall for all purposes of any proceeding, civil or criminal, be deemed to be vested in the commanding officer for the time being of such corps and his successors in office, and may be so stated and laid in any such proceeding.
(2.)
No such proceeding shall be discontinued or shall abate by reason of the death, resignation, or removal of the commanding officer; but the same may be continued in the name of his successor in office.
61 Disbanded corps may pass resolution for disposal of its property.
Ibid, sec. 59
Where it appears to the Governor that any property of any kind is vested in trustees, or that any securities on which such property is invested, or the net proceeds of any such property after sale or realisation thereof, or any other moneys, are held by trustees or by the survivor of any trustees for or on behalf of a Volunteer corps that has been disbanded, or on behalf of the persons who formerly composed such corps, and are legally entitled to such property or any share therein, he may, by order gazetted,—
(a.)
Appoint a Board of officers or other persons, as he thinks fit, to inquire into the claims of any person entitled to such property or any share or interest therein, according to the rules of the corps to which such property belonged, or otherwise;
(b.)
Prescribe the time and manner within which lists of persons so entitled shall be prepared, so far as they can be ascertained, and the manner in which and the places where such lists shall be publicly notified;
(c.)
Prescribe the date when such claims shall be inquired into, and the manner in which and the time when any objections to any such claim may be made;
(d.)
Direct in what manner and to whom any trustee shall furnish accounts or information as to the property in his possession or control, and how any list of such persons shall be finally settled and approved of;
(e.)
Direct when and where a meeting of such persons shall take place for resolving on a scheme for the sale or other disposition of such property or any part of the same, and prescribe the procedure at such meeting and any adjournment thereof, and declare who may vote at any such meeting or adjournment; and
(f.)
Generally give any other direction necessary to give effect to this section, and not contrary to any express provision of this Act.
62 Evidence of resolution.
1886, No. 17, sec. 60
A certificate under the hand of the person purporting to be the chairman of any meeting held under the last preceding section, stating the resolutions passed thereat, shall for all purposes be conclusive proof of such meeting having been duly convened and of all such resolutions having been duly passed thereat; and such property shall be sold or otherwise disposed of as is directed in those resolutions.
63 Public Trustee to act failing resolution or if resolution not acted on.
Ibid, sec. 61
If, from any cause whatever,—
(a.)
Any meeting is not held in accordance with such directions, or if no such resolutions as aforesaid are passed; or
(b.)
The trustees are not, within three months from the date of such meeting, able to sell or otherwise dispose of such property as directed by such meeting,—
the trustees may convey or assign and transfer such property to the Public Trustee, who shall sell or dispose of the same in accordance with the resolutions passed at such meeting; or, if no such meeting has been held, or no such resolutions have been passed, shall dispose of the same as he thinks fit; and, after paying all expenses incidental to such disposition, shall, subject to the approval of the Governor, divide the net proceeds equally between and amongst the persons declared to be entitled thereto.
64 On death, &c., of trustee, remaining trustees may act.
Ibid, sec. 62
(1.)
If any trustee of any such property dies, or refuses to act, the remaining trustees may act as fully and effectually as if none of the trustees had died or refused to act.
(2.)
Any act or thing hereby required or authorised to be done or executed by the trustees shall be valid and effectual if done or executed by a quorum of the trustees, where a quorum can be found, according to any rules, deed, or instrument relating to the property and binding on the trustees; and where there is no such quorum, then if done or executed by a majority of the trustees resident in New Zealand and capable of acting or willing to act.
(3.)
The trustees shall sell or otherwise dispose of any property vested in or held by them as aforesaid, and shall apply the proceeds thereof in accordance with any resolution passed at a meeting held under any order or direction made by the Governor as aforesaid.
(4.)
All deeds, instruments, and writings executed by a majority of the trustees for the purpose of the sale or other disposition of any such property shall be as effectual as if the same had been executed by ail the trustees, and by all the persons in whose names such securities were originally taken.
(5.)
If any money remains in the hands of any trustees, or of the Public Trustee, which they or he are or is unable to dispose of because no claimant thereto can be found, or for any other cause, such money shall be paid into the Public Account and form part of the Consolidated Fund.
65 Sale, &c., of property by trustees deemed valid.
1886, No. 17, sec. 63
Every sale or other disposition of property or of the proceeds thereof by any trustees in accordance with the resolution of a meeting, or otherwise as hereinbefore provided or authorised, or by the Public Trustee, whether in accordance with any such resolution or in exercise of any power or authority vested in him as hereinbefore provided, shall be final and conclusive on all claimants or persons interested in any such property; and, upon such sale or other disposition being completed, the effect thereof shall be to release every such trustee or the Public Trustee, as the case may be, from all claims and demands in respect of any such property, or any share or interest therein.
66 Trustees to furnish accounts.
Ibid, sec. 64
Any trustees as aforesaid may be required by the Minister of Finance to furnish full accounts of all their dealings with any property vested in or held by or disposed of by them, and every trustee who fails to render such accounts is liable to a fine not exceeding one hundred pounds, to be recovered in a summary way.
67 If no trustees, Public Trustee may be appointed to act.
Ibid, sec. 65
If any such property as aforesaid is not vested in trustees, or there are no trustees willing to act, or if the trustees refuse or neglect so to act for one month after being required to do so by the Minister of Finance or by any person entitled in that behalf, the Governor in Council may appoint the Public Trustee to perform and discharge all such duties and functions, and to do, execute, and sign all such acts, deeds, and instruments as would have devolved on or could have been done, executed, or signed under the foregoing provisions of this Act by trustees, or a quorum or majority thereof.
68 Trust property of disbanded corps, how disposed of.
Ibid, sec. 66
Any money or other property which at the time of the disbandment of any corps is subject to any trust for the benefit of the corps, shall be disposed of by the persons in whom the same is vested as may be determined in the following manner:—
(a.)
A meeting of the persons who were members of the disbanded corps at the time of the disbandment thereof shall be summoned by the last commanding officer of the corps, or, in the event of his death or absence from New Zealand, by the officer commanding the district to which the corps belonged, by advertisement in some paper circulating in the district, such advertisement giving not less than fourteen days’ notice of the meeting, and stating the purpose thereof.
(b.)
At such meeting a majority of the persons present who were members of the disbanded corps at the time of the disbandment thereof, and entitled to vote at its meetings, shall decide in what manner the said money or property shall be disposed of.
Land, for Rifle Ranges, &c
69 Volunteer corps may acquire land for certain purposes.
Ibid. sec. 68
Subject to the provisions of this Act, any Volunteer corps may, with the consent of the Governor, purchase, take on lease, or otherwise acquire any land or easement in land for rifle or artillery practice, and for the erection of butts, targets, batteries, and other accommodations for the use of the corps when practising with rifles or artillery, or for the purpose of erecting and maintaining drill-sheds on any such land.
70 Land to be suitable for the purpose.
1886, No. 17, sec. 68
Before giving such consent the Governor shall ascertain whether such land is suitable for such purposes, and shall give or withhold his consent accordingly.
71 Licenses may be granted to Volunteer corps for use of lands.
Ibid, sec. 69
For the purposes of rifle or artillery practice, or for drill, a license to use any lands hereinafter mentioned may, with the consent of the Governor, be granted to any Volunteer corps as follows: —
(a.)
In the case of Crown lands, by the Commissioner of Crown Lands of the land district:
(b.)
In the case of other lands vested in His Majesty, or in any corporate body (not being lands otherwise specifically reserved or set apart for any particular object or purpose) by the Governor on behalf of His Majesty, or by such corporate body, as the case may be:
Provided that no such license shall be granted for a longer period than seven years, but any license may be renewed from time to time for any period not exceeding seven years at any one time by the same authority that has power to grant the same:
Provided also that if any land to which such license relates ceases to be used for the purposes of this Act, the license shall thereupon absolutely cease.
72 Cessor of license.
Ibid, sec. 70
Where any land in respect of which a license has been granted under this Act is not, for the space of one year, used by the corps for the purposes for which the license was granted, a certificate of the fact of such non-user given by some officer of the Permanent Staff of the Volunteer Force shall be conclusive evidence of such fact against all persons and in all Courts of justice that such land has ceased to be used for the purposes of this Act.
73 Where land not vested in trustees, same to vest in commanding officer.
Ibid, sec. 71
Where any lands purchased or leased, or any estate or interest therein acquired, under this Act are not vested in a trustee or trustees on behalf of the corps, the same shall vest in the commanding officer of the corps for the time being and his successors in office, as hereinbefore provided, with power for him and his successors in office to sue, and to make any contracts, conveyances, or other assurances in respect thereof, and to do all other lawful things relating thereto.
74 Act to apply to land heretofore purchased, &c.
Ibid, sec. 72
The provisions of this Act shall be applicable to any land, or any estate or interest in land, heretofore purchased, leased, or acquired by any Volunteer corps for like purposes to those mentioned in section sixty-nine hereof, as fully and effectually as if such lands or such estate or interest as aforesaid had been purchased, leased, or acquired under this Act:
Provided that nothing in this Act shall prejudicially affect any conveyance, mortgage, lease, contract, agreement, or other deed or instrument whatsoever executed, made, or entered into before the passing of this Act, and affecting or intended to affect any such land, estate, or interest.
75 Drill-grounds and places for submarine-mining drill.
1900, No. 69, sec. 25
The Governor may from time to time—
(a.)
Proclaim suitable places throughout New Zealand, whether Crown lands or (with the consent of the owner thereof) private lands, as drill-grounds for Volunteers:
(b.)
Permit the use of foreshores of harbours or sea-areas, excepting fairways and anchorages, for submarine-mining drills:
(c.)
Regulate the use of such places, foreshores, or sea-areas for the purposes aforesaid, and limit the right of access thereto of the general public whenever any drill, inspection, or parade is taking place thereon.
76 Exemption from rating.
1900, No. 69, sec. 30
All Volunteer drill-sheds and grounds shall be exempt from municipal or other local rates.
Part V Volunteer Drill-sheds and Lands
77 Interpretation.
1888, No. 13, sec. 3 1907, No. 38, sec. 12
In this Part of this Act, if not inconsistent with the context,—
‘“Drill-shed” includes a gun-room and armoury, and all other buildings used for the purpose of making the drill-shed effective, whether attached to a drill-shed or not:
“Trustees” means trustees appointed and incorporated under this Act:
“Volunteer purposes” with respect to land means where land has been or may hereafter be granted, conveyed, or set apart in trust for the Volunteer Force of a district, or for any particular Volunteer corps, or generally for Volunteer purposes, as a site for a drill-shed, with or without a parade-ground, or as a parade-ground only, or generally for any purpose intended to maintain the efficiency and discipline of Volunteers.
78 Existing drill-sheds and the trustees thereof.
All drill-sheds and lands which at the coming into operation of this Act were subject to “The Volunteer Drill-sheds and Lands Act, 1888,”
shall be deemed to be subject to this Part of this Act, and all trustees appointed and incorporated under that Act and in office at the coming into operation of this Act shall be deemed to be appointed and incorporated under this Part of this Act, and the provisions of this Part of this Act shall extend and apply accordingly to all such drill-sheds, lands, and trustees.
79 Drill-sheds on Crown land.
1888, No. 13, sec. 6
In every case where under the powers conferred on the Governor by any Act heretofore or hereafter in force land is granted or conveyed by him to any corporate body or to any person in trust for the purpose of erecting and maintaining a drill-shed for Volunteer purposes, or where under the authority of any Act heretofore or hereafter in force any land is set apart as a reserve for any such purpose, then the provisions of this Part of this Act shall extend and apply to such land accordingly; and a statement on the face of any instrument whereby such land is granted or conveyed to such trustees that such instrument is made for the purposes of this Act, shall be conclusive evidence of the fact to all persons or authorities concerned.
80 Where land vested in local body.
Ibid, sec. 7
(1.)
Where a drill-shed is erected on land under the control or management of any local authority having power to make and levy rates, or where any drill-shed is used or occupied by Volunteers on sufferance, or by some title of an indefinite nature, or is held for any term of years or any lessor period for any Volunteer purposes, or is owned by any person not being a trustee for or on behalf of the Volunteers, the Governor in Council may from time to time apply to any such drill-shed this Part of this Act, or such provisions thereof as he thinks fit and applicable to the estate or interest held in such land, and may by Order in Council declare by whom the powers contained in the provisions so applied shall be exercised, and may also make such alteration or modification in those provisions as may be deemed expedient.
Where land purchased by private contributions. 1888, No. 18, sec. 8
(2.)
Where any estate or interest in land upon which a drill-shed is erected has been purchased or acquired by a Volunteer corps out of private funds, whether any trusts have or have not been declared concerning such land, the Governor in Council may, on the application of the corps to whom such land belongs, extend and apply this Part of this Act thereto; and upon any such Order in Council being made, the trusts (if any) so declared shall cease to be operative so far as the same are inconsistent with this Part of this Act, and the trustees shall be discharged from all future liability in respect of such trusts.
(3.)
A certificate, signed by the officer for the time being commanding such Volunteer corps, to the effect that the corps desires this Part of this Act to be applied to the land purchased or acquired as aforesaid, shall be conclusive evidence that such corps has made application accordingly.
Where trusts of land not sufficiently defined. Governor to determine. Ibid, sec. 9
(4.)
Where any land has been or may hereafter be set apart, granted, or conveyed in trust for Volunteer purposes, and there is any doubt as to the purposes for which such land has been so set apart, granted, or conveyed, the Governor in Council may from time to time define and determine what are the purposes for which such land is held, and may also declare that the same shall be held subject to the provisions of this Part of this Act, or to such of them as are applicable to the lands dealt with.
Powers and Duties of Trustees
81 Governor may appoint trustees.
Ibid, sec. 10 1890, No. 16, sec. 4
(1.)
The Governor may from time to time by warrant appoint any number of fit persons, not less than three nor more than seven in each case, to be trustees under this Part of this Act.
(2.)
In the warrant of appointment the Governor shall declare the limits of the district or part of the district within which the trustees are to act; or he may limit such appointment to any particular drill-shed or land.
Governor may alter districts. 1888, No. 13, sec. 11
(3.)
The Governor may from time to time alter, extend, or limit the area of any district or part of a district for which any such trustees are appointed, and upon such alteration, extension, or limitation taking effect such trustees shall remain and be the trustees for the altered, extended, or limited district accordingly, and without any further appointment.
82 Officer commanding district ex officio a trustee.
1907, No. 38, sec. 13
In every case where trustees have been or are hereafter appointed under the last preceding section, the officer commanding the district for the time being shall be ex officio a trustee, notwithstanding that the number of trustees may thereby exceed the number prescribed by that section.
83 Trustees a body corporate.
1888, No. 13, sec. 14
(1.)
Each body of trustees so appointed is hereby constituted a body corporate in fact and in law, under the name and style determined by the Governor on their appointment, and by that name they and their successors shall have perpetual succession and a common seal, with full power and authority to hold any property granted or conveyed to or vested in them, and to do and suffer all such matters and things as a corporate body may do and suffer, subject nevertheless to any provisions in this Act affecting such powers.
Ibid, sec. 17
(2.)
On the first appointment of a body of trustees under this Part of this Act the Governor, in the warrant of appointment, shall specify the property (being in every case drill-sheds or lands for Volunteer purposes) whereof they are to be the trustees, and such property shall, according to the tenor of the warrant, vest in them as such a corporate body as aforesaid by force of this Act, and without the necessity of any conveyance, transfer, or other instrument of assurance.
84 Vacancy in office.
Ibid, sec. 15
If any trustee dies or resigns, or is convicted of any crime punishable by imprisonment for five years, or becomes bankrupt, or incapable of acting, or is absent for six months from the district for which he is appointed, or, if appointed, for a particular drill-shed or land, from the district wherein the same is situate, the Governor shall appoint some other fit person to be a trustee in his stead.
85 Appointment of trustees to be gazetted.
Ibid, sec. 16
(1.)
All appointments of trustees under this Part of this Act shall be gazetted, and the production of a copy of the Gazette containing a notice of any such appointment shall be prima facie evidence that the persons named therein have been duly appointed.
(2.)
The trustees shall take office on the date of their appointment, or on such later date as is named in that behalf in the warrant of appointment.
86 Registration of title of trustees.
Ibid, sec. 18
On production to any District Land Registrar of any certificate or other instrument of title under “The Land Transfer Act, 1908,”
together with a statutory declaration by any three of a body of trustees appointed under this Part of this Act to the effect that the land mentioned or referred to in such certificate or instrument is by this Part of this Act vested in such trustees, the Registrar shall cause such land to be transferred to the trustees in their corporate name.
87 Grants to trustees may be registered notwithstanding trusts.
Ibid, sec. 19
Where any grant or other instrument of title, made or issued by the Governor or the Governor in Council under this or any other Act authorising the grant or conveyance of land for the purposes of a drill-shed or for Volunteer purposes, contains or has expressed therein any trust, such grant or instrument may nevertheless be registered under “The Land Transfer Act, 1908.”
88 Conduct of business by trustees.
Ibid, sec. 22
(1.)
A meeting of trustees may be convened by any two trustees by notice delivered personally to the other trustees, or left at their last known places of abode in the district, seven days at least before the day for holding such meeting, or in such other manner as the trustees by by-law appoint.
(2.)
A majority of the trustees present at such meeting or any adjournment thereof may make by-laws providing for the times and places of meetings and the proceedings thereat, for the use and custody of the common seal, and for the appointment of a chairman, and may declare that such chairman shall have a casting as well as an original vote.
(3.)
By-laws may in like manner be made fixing the times, terms, and conditions when and subject to which the drill-shed and other lands or premises vested in the trustees may be used by Volunteer corps and others; and, where the drill-shed or other premises are used by others than Volunteers or members of the Defence Forces, fixing also reasonable charges to be paid for such use; and in the case of drill-sheds, lands, or premises which, by the terms of the original Act or authority under which they are held, may be used by any persons other than Volunteers, fixing also the time and manner of such use by such persons, but without making any charge for the same.
(4.)
By-laws may in like manner be made for any other object or purpose for which the trustees are empowered to make them, the same not being inconsistent with this Act.
(5.)
Such by-laws may impose a fine not exceeding one pound on any person contravening the same.
(6.)
Any such fine, if incurred, and any sum of money that any person has agreed to pay for the use of the drill-shed or premises, may be recovered by the trustees by action in any competent Court, and all such fines or sums of money shall belong to the trustees and be applied for the purposes and in the manner specified in section ninety-seven hereof.
(7.)
In any such action what purports to be a copy of any bylaw under the common seal, certified as a correct copy of such by-law by any two trustees, shall be prima facie evidence of such by-law.
(8.)
A copy of the by-laws under the common seal, and of all amendments made therein from time to time, certified by the chairman of the meeting, shall be transmitted by him to the Minister, and a copy thereof so certified shall be posted up and maintained in a conspicuous part of the drill-shed.
89 Trustees may make contracts.
1888, No. 13, sec. 23
(1.)
The trustees may in their corporate name enter into any contract with any person for doing or supplying anything that the trustees are by this Act authorised to do, or that is or may be necessary for the purpose of giving effect to this Part of this Act.
Form of contracts. Ibid, sec. 24
(2.)
Any contract that if made between private persons—
(a.)
Must be by deed, shall, when made by the trustees, be in writing under the seal of the trustees:
(b.)
Must be in writing signed by the parties thereto, shall, when made by the trustees, be in writing signed by two of the trustees on behalf of and by direction of the corporate body:
(c.)
May be made verbally without writing, may, when made by the trustees, be made verbally without writing by the trustees or by any two of them on behalf of and by direction of the corporate body.
90 Purposes to which drill-shed, &c., applicable.
Ibid, sec. 25
Where trustees are appointed for a district or part of a district they shall stand seised of the land vested in them under this or any other Act as a site for a drill-shed or for Volunteer purposes, for the use of the several corps of different arms of the Volunteers in the district or part of a district for which they are so appointed:
1888, No. 13, sec. 27
Provided that where by any Act heretofore in force any Volunteer corps is entitled to any interest in any drill-shed or land for Volunteer purposes only on contributing or paying a certain sum of money, then such corps shall be so entitled only on payment of the stipulated sum, unless the several corps interested otherwise agree.
91 Trustees to maintain drill-shed in repair.
Ibid, sec. 26
The trustees shall maintain and repair any drill-shed and other buildings now erected or hereafter to be erected on the land vested in them under this Act, and may from time to time add to, alter, remove, and pull down the said buildings and erect others in addition thereto or in place thereof, either upon the present site of the said buildings or upon any other portion or portions of the said land that they may from time to time set apart for that purpose, and shall also maintain and keep all land vested in them in an effective and suitable state and condition for the purposes for which it is so vested:
Provided that, before any drill-shed or other building is erected on any land held under this Act, the plans of such building, or of any alteration therein or addition thereto, shall be first approved by the Minister, or by some competent person appointed by him for that purpose.
92 Corps subsequently enrolled to contribute towards expenses.
Ibid, sec. 28
Where a Volunteer corps is enrolled after trustees have been constituted under this Act, and such trustees have incurred liabilities in respect of the erection, repair, or maintenance of a drill-shed, or otherwise for Volunteer purposes, which liabilities are or may be discharged by the trustees out of funds to be contributed by the several Volunteer corps in the district or part of a district for which such trustees have been constituted, then such newly enrolled Volunteer corps shall be entitled to the use of the drill-shed only on becoming liable for such proportionate share of such liabilities as may be agreed upon between the several corps interested.
93 Apportionment of contribution between several corps.
Ibid, sec. 29
(1.)
If any Volunteer corps fails to make such payment as hereinbefore mentioned, or if no such agreement as aforesaid is made, the Governor may, at the request of any corps interested in the drill-shed or in any land held for Volunteer purposes, appoint some person to determine how such liabilities shall be apportioned, and the decision of such person shall be final.
(2.)
If any Volunteer corps fails to pay or provide for any liability so apportioned, then the Governor may direct that any contribution or capitation or other money payable out of moneys at any time voted by Parliament for such corps, or for the members thereof, shall from time to time be applied to or towards the satisfaction of such liability.
94 Trustees may sell land to purchase more suitable site.
Ibid, sec. 30
(1.)
Where it appears to the Minister that a more suitable site is desirable for the erection of a drill-shed, or that more suitable land is desirable for Volunteer purposes, the trustees may, with the previous written consent of the Minister, sell and dispose of any land vested in them under this Act, and execute any conveyance or other instrument for vesting the land sold in a purchaser, and shall apply the proceeds of such sale to the purchase of a new site in fee-simple, and in the erection of a new drill-shed and other buildings thereon, or otherwise in making the same suitable for Volunteer purposes; and such newly purchased land and the drill-shed and other buildings to be erected thereon, or such land alone, as the case may be, shall be held by the trustees subject to the like trusts and powers as in the case of the land so sold.
Trustees may exchange land for more suitable site. 1888, No. 13, sec. 31
(2.)
In any such case the trustees may, with the like consent, exchange any land held by them for other suitable land, and may give (out of any funds in their hands held under the trusts referred to in these provisions) or receive any money by way of equality of exchange, and may execute any conveyance or other instrument necessary for effecting such exchange; and such land taken in exchange, and the drill-shed and other buildings to be erected thereon, or such lands alone, as the case may be, shall be held by the trustees subject to the like trusts and powers as in the case of the land given in exchange.
Application of surplus proceeds.
(3.)
All moneys received by way of equality of exchange by the trustees shall be applied and expended in the manner prescribed by section ninety-seven hereof.
95 Trustees may lease land unoccupied for Volunteer purposes.
Ibid, sec. 36
(1.)
The trustees may from time to time lease the whole or any part of the land vested in them and not required for the purposes of a drill-shed or other Volunteer purposes, for any term or terms of years not exceeding twenty-one years at any one time.
(2.)
Every such lease shall be granted after public auction or public tender, and at such rent and on such conditions as the trustees think reasonable, and upon the special condition that only substantial buildings of a permanent character shall be erected on the land to be leased.
Lease to be subject to approval of Minister. Ibid, sec. 37
(3.)
No such lease shall be made or executed, or agreed to be made or executed, except with the previous consent in writing of the Minister; and every such lease or agreement made or executed without such consent shall be absolutely void.
Lease may be made subject to renewal. Ibid, sec. 38
(4.)
The trustees may insert in any such lease a clause for the renewal of the same, and may grant any such renewal in pursuance of such clause.
96 Trustees may borrow on security of land for building or maintaining drill-shed.
Ibid, sec. 32
(1.)
The trustees may from time to time borrow, on the security of the rents, issues, and profits of any land vested in them under this Act, any sum or sums of money that have been expended in or that may be required for building or repairing, altering, or adding to any drill-shed or other buildings, or rendering such land fit for Volunteer purposes, and for such purpose may execute any deed or instrument securing to the lender the said rents, issues, and profits.
Moneys borrowed to be spent on the land. Ibid, sec. 34
(2.)
All moneys borrowed under the foregoing provisions shall be applied and expended on the land vested in the trustees under this Act, and either in and towards the building of a drill-shed and other necessary buildings or otherwise for Volunteer purposes.
Ibid, sec. 35
(3.)
The trustees may also from time to time, as the occasion arises, borrow in the manner and on the security aforesaid any sums which may be required in order to repay sums previously borrowed under this or any former Act, and all sums borrowed under this provision shall be applied in making such repayments accordingly.
Mortgage to contain no power of sale. Ibid, sec. 33
(4.)
In any deed or instrument granting such security it shall be expressly provided that the lender shall have no power of sale over the lands comprised in the security, nor over anything except the rents, issues, and profits of any land leased under the authority of this Part of this Act.
Lender not bound to see to application of moneys lent. 1888, No. 13, sec. 42
(5.)
No person lending money to the trustees under this Act shall be concerned to inquire into the necessity or propriety of any security or lease, or to see to the application of the money borrowed or the rents received, or be answerable for the misapplication thereof respectively.
97 Application of rents and other moneys received by trustees.
Ibid, sec. 39
All moneys received by the trustees for the rents and profits of the land vested in them shall, after deducting therefrom all necessary expenses incurred in the management thereof, be applied, according to the tenor of the trusts, in and towards the erection and maintenance of any building to be used as a drill-shed and of other necessary buildings upon the said land, or otherwise in rendering and keeping such land fit for Volunteer purposes, and in and towards the payment of the principal and interest money secured as aforesaid, and generally in and towards the support and encouragement of the Volunteer corps in the district or part of a district for which the trustees are constituted, and to such other purposes connected with the Volunteer Force as the trustees think fit.
98 Trustees to keep accounts, &c., and prepare annual balance-sheet.
Ibid, sec. 40
The trustees shall keep accurate accounts of all sums of money received for rents, issues, and profits on account of the land vested in them, and of all costs, charges, expenses, and disbursements in connection with the management and maintenance thereof; and on the thirty-first day of March in every year, or within seven days thereafter, shall prepare accounts and a balance-sheet showing their receipts and disbursements during the previous year, and the actual financial state of the trust property on the thirty-first day of March in that year.
99 Audit of accounts.
Ibid, sec. 41
Such accounts and balance-sheet shall be audited by the Audit Office under the provisions of “The Public Revenues Act, 1908,”
relating to the audit of accounts of public bodies.
100 On disbanding of corps, public land to revert to the Crown.
Ibid, sec. 43
(1.)
If any of the several corps of Volunteers for whose benefit any land is granted fail to keep up the standard of efficiency of service, as the same may from time to time be prescribed by regulations under this Act, or if the services of any such corps are discontinued, or any such corps is disbanded, then the whole of the lands originally granted by the Crown to any trustees or other body or persons for all or any of the purposes aforesaid, or that are or may be vested in trustees under this Act, and the appurtenances belonging to such lands, shall revert to and be vested in His Majesty, and shall be and become part of the lands of the Crown:
Provided that the rents and profits of all such lands shall still remain subject to the conditions of this Act as a security to the lender of any money borrowed under the authority of this or any previous Act.
(2.)
This section shall extend and apply only to land granted by the Crown to any trustees or other body or persons without payment of purchase-money, and not to any case where lands have been purchased or otherwise acquired for valuable consideration by such trustees, body, or persons.
101 Drill-sheds to be open for the use of the Permanent Defence Forces
Ibid, sec. 44
Any drill-shed or other buildings erected upon any land vested in trustees under this Act, and used or occupied by any Volunteer corps, may be used free of charge by the Permanent Militia, or any other branch of the Permanent Defence Forces of New Zealand, for such period and at such time and in such manner as the Minister from time to time requires.
102 Inspection of drill-sheds and land.
1888, No. 13, sec. 45
The Minister and any officer or other person appointed by him may at all reasonable times enter upon any land held under this Act, and into or upon any drill-shed or other buildings erected upon any land vested in trustees under this Act, and used or occupied by the Volunteers of the district or by any Volunteer corps, and inspect and examine the state and condition thereof, and may require the trustees to make any improvement on any such land, or any repairs in or additions or alterations to such drill-shed or other buildings, which the Minister deems necessary for the purpose of making such land, or drill-shed, or other buildings suitable for Volunteer purposes.
Part VI Imperial Reserve
103 Imperial Reserve.
1900, No. 69, sec. 12
The Governor may at any time establish as part of the Forces an Imperial Reserve, and with respect to such Reserve the following provisions shall apply:—
(a.)
Members of any other branch of the Forces may enlist in the Reserve, but shall not be compelled to serve outside New Zealand save within limits fixed as provided in paragraph (g) of this section.
(b.)
The term of enlistment shall not exceed three years.
(c.)
A sum not exceeding five pounds per year may be paid to each member of the Reserve who passes the prescribed standard of efficiency and receives a certificate of efficiency.
(d.)
The Reserve shall be subject to such special regulations with respect to discipline, drill, equipment, training (including training in camp), and otherwise as the Governor prescribes.
(e.)
The regulations may provide that, in the case of a Volunteer or a Militiaman enrolled in the Imperial Reserve, his camp-drill in the Reserve shall count as camp-drill in the Volunteer Force or Militia.
(f.)
The regulations may also provide for members of the Reserve receiving payment according to a prescribed scale while in camp.
(g.)
The Reserve may, at the cost in all things of the Imperial Government, and in accordance with any arrangements made between the Governor and the said Government, be employed on Imperial service outside New Zealand, within limits to be fixed by Act or approved by resolution of both Houses of Parliament.
(h.)
Within limits fixed as aforesaid the Reserve may also be employed on service outside New Zealand in accordance with any arrangement in that behalf made between the Governor, the Imperial Government, and the Government of the Commonwealth of Australia, and in such case the costs of the service shall be apportioned between New Zealand, the Imperial Government, and the Commonwealth of Australia, in such manner as is agreed between them.
(i.)
Every arrangement or agreement under the two last preceding paragraphs shall be subject to the approval of Parliament, to be expressed either by Act or by resolution of both Houses.
(j.)
The rates of pay for service outside New Zealand shall be such as are fixed by the Governor, being not less than the rates paid to the Fifth New Zealand Contingent while on service in South Africa in the year one thousand nine hundred.
Defence Rifle Clubs
104 Defence rifle clubs.
1900, No. 69, sec. 15
(1.)
The Governor may from time to time, by notice in the Gazette, accept the service of Defence rifle clubs.
Constitution of Defence rifle clubs.
(2.)
Defence rifle clubs shall be formed and governed in such manner as the Governor prescribes.
105 Members thereof may be enrolled in Forces.
Ibid, sec. 16
The Governor may from time to time by Proclamation cause any members of Defence rifle clubs to be enrolled in the Forces if required.
Cadet Corps
106 Cadet corps.
Ibid, sec. 17
(1.)
The Governor may from time to time make regulations for the formation, equipment, and training of cadet corps in connection with the public schools.
(2.)
The Governor may give the control of the aforesaid cadet corps to the Education Boards or to the Education Department, in such manner and to such extent as he thinks fit.
(3.)
The Governor may also from time to time make regulations for the formation, equipment, and training of cadet corps for youths who are not connected with the public schools, such corps to be under the control of the Defence Department.
Part VII Courts of Inquiry
107 Constitution of Court.
Ibid, sec. 18 1907, No. 38, sec. 11(1)
(1.)
The Commander-in-Chief, the Minister, or the Commandant in any case, and any officer commanding a district in cases arising within his district, may from time to time summon commissioned officers of the Defence Forces under their command to form a Court of Inquiry, consisting of not less than three such officers, of whom the senior officer present shall be the President, to inquire into any matter relating to discipline or Government property which in the opinion of the Minister requires investigation, or to examine into the truth of any charge or complaint preferred against any officer, non-commissioned officer, or any other member of the Defence Forces:
Provided that no officer of the Militia or Volunteers, except those on the Permanent Staff, shall sit on a Court of Inquiry dealing with a charge or complaint relating solely to the Permanent Militia, and no Volunteer officer shall sit on a Court dealing with a charge or complaint relating solely to the Militia.
How summoned. 1900, No. 69, sec. 19
(2.)
The Court shall be summoned by delivering to each member thereof a summons in the form in the Second Schedule hereto or to the like effect.
(3.)
Every summons shall be delivered personally to the officer summoned at least twenty-four hours before the time appointed for the meeting of the Court.
(4.)
No officer shall be compelled to attend as a member of any Court when the place of meeting is distant more than twenty miles from his usual place of residence.
(5.)
No officer who has conducted or held a preliminary inquiry as to any charge or complaint preferred against an officer, non-commissioned officer, or member of the Defence Forces shall sit as President or member of a Court of Inquiry dealing with the same charge or complaint.
(6.)
If the Court is appointed to inquire into the conduct of an officer of the Defence Forces, every member of the Court shall be of equal or superior rank to the officer whose conduct is to be inquired into, and one member at least shall be of superior rank.
Neglecting to attend Court. Ibid, sec. 20
(7.)
Subject as aforesaid, if any officer of the Defence Forces, being duly summoned, refuses or neglects to attend at the time and place named in such summons for the meeting of the Court, his commission may be cancelled.
108 Witnesses to be sworn.
Ibid, sec. 21
(1.)
All Courts of Inquiry so constituted shall have power and authority, and are hereby required, to administer an oath to every witness or other person examined before such Court in any matter relating to any proceeding before the same.
(2.)
All persons who may be required to give or produce evidence, whether on behalf of the prosecution or of the person charged, shall be summoned by the President or any member of the Court.
Refusal to attend or give evidence.
(3.)
Every person who, being duly summoned, does not attend the Court, or refuses to be sworn, or to give evidence, or to answer all such questions as the Court may legally demand of him, is liable to the same pains and penalties as if the proceedings were an action in the Magistrate’s Court.
109 Proceedings when officer charged.
Ibid, sec. 22
Where a charge or complaint is preferred against any commissioned officer of the Defence Forces, such officer may be placed under arrest by the senior officer present, and such charge or complaint shall, with all convenient speed, be heard before a Court of Inquiry constituted as hereinbefore provided.
110 In certain cases Court only to take evidence and report.
Ibid, sec. 22
Except in cases under sections forty and forty-one hereof (affecting members of the Permanent Militia), the duties of every Court of Inquiry shall be confined to taking evidence upon oath and reporting thereon, and such report and evidence shall forthwith be forwarded by the President of the Court to the Commanding Officer for transmission to the Minister, who shall submit the same to the Governor for his decision.
111 Remuneration of members of Court and witnesses.
Ibid, sec. 23
All officers comprising a Court as hereinbefore constituted shall, if they are not at the time in receipt of regular pay from the Government, be paid for their services at the rate of one pound one shilling for each day or part of a day during which they respectively sit as members of such Court; and all witnesses duly summoned shall be entitled to the same fees and privileges as if they had been duly subpœnaed to attend on the trial of any action in the Magistrate’s Court.
Part VIII Special Service
112 Enrolment of Volunteers for special service.
1886, No. 17, sec. 82
Volunteers may be enrolled for special service in cases of public danger or other emergency under such regulations as are from time to time made by the Governor.
113 Volunteers for special service deemed on actual service.
Ibid, sec. 83
Volunteers for special service shall be deemed to be on actual service, and shall be subject to the provisions of the Army Act, and also to the provisions following:—
(a.)
Each officer and man shall sign an undertaking in the prescribed form to the effect that he will serve wherever required, on the terms of his engagement, whether in or out of New Zealand.
(b.)
They shall be subject to serve under any officer of His Majesty’s Imperial service, or of the Defence Forces, who may be set over them.
114 Courts-martial on such Volunteers.
Ibid, sec. 83
Officers of His Majesty’s Imperial service shall not sit on any Court-martial for the trial of any officer or member of any corps of Volunteers for special service, except in cases where permission is granted by His Majesty that officers of Volunteers for special service shall take rank with His Majesty’s Imperial officers according to the dates of their respective commissions when serving together on Courts-martial.
Part IX Actual Service
115 Governor may direct Forces to be called out for actual service.
Ibid, sec. 89 1900, No. 69, sec. 2(16)
(1.)
The Governor may at any time by Proclamation direct the Commandant or the District Commanding Officer to draw out with all convenient speed for actual service all or any specified portions or numbers of the Defence Forces as the Governor thinks fit, and to lead the same into any part of New Zealand; and such Forces shall thereupon continue on actual service and subject to the provisions of the Army Act until the Governor by Proclamation releases them from actual service.
(2.)
The Governor may apportion the quota to be furnished by each or any district or subdistrict.
116 Militia called out for actual service.
1886, No. 17, sec. 90
Immediately on any such direction being given to the officer commanding any district the following provisions shall apply:—
(a.)
Where the whole of the Militia in any district is required for actual service, then every man liable to serve in the Militia shall be deemed to be on actual service, whether he has had notice thereof or not, and shall not leave the district without the sanction of the officer commanding the district.
(b.)
Where a part only of the Militia in any district is required for actual service, such men as may volunteer for service with the approval of the senior officer present at the time they so volunteer shall be first taken, and every man so volunteering shall immediately be deemed to be on actual service.
(c.)
If the number so volunteering is insufficient, the whole of the first class shall be taken before any are taken from the second class, and the whole of the second class before any of the third.
(d.)
Where a part only of one class is required, the officer in command shall draft the requisite number, or the number required beyond those volunteering as aforesaid, by lots, drawn in public, and his certificate of the drafting of any Militiaman shall be sufficient evidence thereof.
117 Substitutes.
1886, No. 17, sec. 91
Any Militiaman drafted for actual service who produces as a substitute a man approved by the officer commanding and the medical officer in charge shall, upon the swearing-in of such substitute, be exempt from service for the term of one year, unless the whole of the class to which such substitute belongs is taken or drafted for actual service before the expiration of such term, and every such substitute shall, when sworn in, be deemed to have been drafted for actual service.
118 Term of service of Militia.
Ibid, sec. 92
The ordinary time of actual service for a Militiaman shall be one year, and no Militiaman shall be required to serve for a further period until all the men of his class have served for a like period, unless he volunteers for a longer period or unless the whole of his class is called out for actual service.
119 Second period of service.
Ibid, sec. 93
Whenever any part of a class which has already served for one period or more is required to serve for a second or any further period, those shall be taken first who have served the shortest time, and among those who have served the same time the drafting shall be determined, if necessary, by lot in manner aforesaid.
120 Volunteers on actual service to meet at place appointed.
Ibid, sec. 94
Every officer and Volunteer belonging to any corps called out for actual service shall be bound to assemble at such place as the Governor directs, and shall remain on actual service until released by the Governor’s authority.
121 Pay of Volunteers on actual service.
Ibid, sec. 94
(1.)
Volunteers on actual service shall be paid out of any moneys voted for that purpose by Parliament at such rates and according to such scales as the Governor from time to time appoints.
(2.)
No Volunteer shall be deemed to be released from actual service until his corps has returned to the headquarters thereof.
(3.)
Volunteers, while in any camp of exercise, shall be subject to the Army Act, but shall not be entitled to payment as aforesaid unless they are on actual service.
Ibid, sec. 100
(4.)
Whenever the Forces, or any portion thereof, are called out for actual service under this Act, the provisions of “The Military Pensions Act, 1908,”
shall apply to every member thereof whilst on actual service.
Part X Courts-martial
122 Powers of Governor when Forces on actual service.
1886, No. 17, sec. 95
When any portion of the Forces is called out for actual service, or is in any camp of exercise, and as regards such portion only, the Governor may—
(a.)
Convene General Courts-martial and confirm the sentences thereof;
(b.)
Issue his warrant to any officer not under the rank of a Lieutenant-Colonel to convene General Courts-martial, and to confirm the sentences thereof, except in the case of officers and death sentences, or simply to convene such General Courts-martial; and
(c.)
Issue his warrant to officers commanding districts to convene and confirm District Courts-martial.
123 Governor may fix number of officers to serve on Courts-martial.
Ibid, sec. 96
The Governor may from time to time fix the number of officers of which General Courts-martial, District Courts-martial, and Regimental or Detachment Courts-martial respectively shall consist, and any such Courts-martial shall respectively consist of the number of officers so fixed.
124 Who may sit on Courts-martial.
Ibid, sec. 97
Officers in the Militia, Volunteers, or Permanent Militia may sit together on any Militia, Volunteer, or Permanent Militia Court-martial; and such Courts-martial may consist of officers chosen from any one or more of such forces or bodies.
125 Provisions of Imperial Army Act to apply to Courts-martial.
Ibid, sec. 98
The provisions of the Army Act relating to Courts-martial shall apply to all Courts-martial convened under the authority of the Governor, and to all proceedings by such Courts, in the same manner, so far as applicable, as such provisions apply to Courts-martial convened by any officer of His Majesty’s army authorised to convene Courts-martial.
126 Corporal punishment not to be inflicted.
Ibid, sec. 99
No Court-martial or other authority under this Act shall order the infliction of corporal punishment, except death or imprisonment, on any officer or member of any portion of the Defence Forces.
Part XI General Provisions
Ammunition-supply
127 Governor may enter into contracts for manufacture or supply of ammunition.
1900, No. 69, sec. 32 1904, No. 44, sec. 2
(1.)
The Governor, on behalf of His Majesty, may from time to time enter into contracts with any person or company in New Zealand or elsewhere for the manufacture and supply or for the supply of ammunition for the Defence Forces of New Zealand, at such prices and subject to such conditions, restrictions, and provisions as the Governor thinks fit; and with respect to every such contract the following provisions shall apply:—
(a.)
The term of the contract may be any period not exceeding five years.
(b.)
For the purpose of insuring continuity of supply the Governor may at any time during the last year of the term of the contract enter into a fresh contract with the same or any other contractor for a further term not exceeding five years, and this power may be exercised in the case of every such fresh contract and as often as the occasion arises.
(c.)
In connection with and for the purposes of the contract the Governor may from time to time grant to the contractor as a site for his works a lease of any area of Crown lands not exceeding ten acres, at such rent and on such terms and conditions as the Governor thinks fit.
(d.)
All moneys payable by His Majesty under the contract shall be payable out of moneys appropriated by Parliament.
(e.)
A copy of every such contract and of every such lease shall be laid before Parliament within twenty-one days after the execution thereof if Parliament is then in session, or if not, then within twenty-one days after the commencement of the next ensuing session.
Crown may purchase works. 1904, No. 44, sec. 8
(2.)
The contract may provide that the Governor on behalf of the Crown may purchase the works, plant, and stock-in-trade of the contractor within the colony as a going concern, at a price to be fixed by valuation in manner specified in the contract.
Naval Discipline
128 Liquor not to be brought on board His Majesty’s ships without consent of commanding officer.
1888, No. 5, sec. 2
(1.)
No person shall bring on board any of His Majesty’s ships in the waters of New Zealand any spirituous or fermented liquor of any description without the previous consent of the officer commanding such ship.
Power of entry and search on boats or vessels hovering about His Majesty’s ships. Ibid, sec. 3
(2.)
Any officer in His Majesty’s service, or warrant or petty officer of the navy, or non-commissioned officer of marines, with or without seamen or persons under his command, may lawfully enter into or upon and search any ship hovering about or approaching, or that has hovered about or approached, any of His Majesty’s ships, and if any spirituous or fermented liquor is found on board such first-mentioned ship, he may seize such liquor, and the same shall be forfeited to His Majesty.
Penalty for bringing liquor on board such ships, or inciting or aiding officers or men of such ships to desert. Ibid, sec. 4
(3.)
Every person who brings any spirituous or fermented liquor on board any of His Majesty’s ships without such previous consent as aforesaid, or approaches or hovers about any of His Majesty’s ships for the purpose of bringing, without such previous consent, any such liquor on board the same, or for the purpose of giving or selling, without such previous consent, such liquor to men in His Majesty’s service, or of inciting, aiding, or assisting any officer, seaman, or marine in His Majesty’s service to desert or improperly absent himself from his ship, is liable to a fine not exceeding twenty pounds for every such offence.
Penalty for employing or concealing deserter. Ibid, sec. 5
(4.)
Every person who conceals, harbours, employs, or continues to employ any officer, seaman, or marine in His Majesty’s service who is a deserter, or is improperly absent from his duty, knowing him to be a deserter or improperly absent from his duty, is liable to a fine of ten pounds for every such concealment, harbouring, employment, or continuing of employment as aforesaid.
Power to apprehend person acting contrary to section. 1888, No. 5, sec. 11
(5.)
Any officer in His Majesty’s service, or any such warrant or petty officer or non-commissioned officer as aforesaid, or any constable, may, with or without any warrant or other process, apprehend or cause to be apprehended any offender or person acting contrary to this section, and bring him or cause him to be brought before a Justice for the purpose of being dealt with under this Act.
(6.)
For the purposes of this section “ship”
includes vessel and boat of every description; “His Majesty’s ships”
means ships belonging to the Imperial navy; and “His Majesty’s service”
means the Imperial service.
129 Application by Order in Council to ships of New Zealand Government.
Ibid, sec. 6
(1.)
The Governor may from time to time by Order in Council order that the provisions of the last preceding section shall extend and apply, mutatis mutandis, to any ship the property of His Majesty in New Zealand, or used or employed by the Government of New Zealand.
Order in Council to be gazetted, and may be made general or special. Ibid, sec. 7
(2.)
Every Order in Council so made shall be gazetted, and shall take effect from a day to be named therein, and may be made applicable to all ships as last aforesaid or to any particular ship, and such Order shall contain such variations or additions in respect of the persons or authorities by whom effect may be given thereto as the Governor thinks fit to make therein.
Foreign Troops
130 Landing soldiers or sailors from foreign warships.
1900, No. 69, sec. 14(6)
The Governor may from time to time make regulations prescribing the conditions under which soldiers or sailors from foreign warships may be permitted to land in New Zealand.
Arms and Appointments, &c
131 Arms, &c., property of Government.
Ibid, sec. 31
All arms and accoutrements supplied by the Government to the Defence Forces shall remain the property of the Government, and may be withdrawn at any time by order of the Commandant.
132 Arms, &c., not distrainable.
1886, No. 17, sec. 101
The horses, arms, and appointments, including uniform, used by every member of the Defence Forces while serving in any portion of the Forces in discharge of his duty as such member shall be exempt from seizure in execution, and from distress and assessment of every kind.
133 Wrongful sale, &c., of arms and accoutrements.
Ibid, sec. 103
Every person is liable to two years’ imprisonment who—
(a.)
Sells, pawns, gives in exchange, or gives away any arms, appointments, clothes, or ammunition intrusted to him as a member of the Forces; or
(b.)
Knowingly buys, receives, or takes in pawn or exchange or by way of gift any such arms, appointments, clothes, or ammunition; or
(c.)
Having bought, received, or taken in pawn or exchange or by way of gift any such arms, appointments, clothes, or ammunition, knowingly conceals or makes away with the same.
134 Wrongful buying of arms, &c., from member of armed force.
1886, No. 17, sec. 104
Every person who—
(a.)
Solicits or entices any member of the Forces to sell or pawn, or knowingly assists or acts for any such member in selling or pawning, any arms, clothing, or appointments, being public property or property of any branch of the Forces, or of any corps thereof, or any public stores or ammunition issued for the use of any such branch or corps; or
(b.)
Has any such property, stores, or ammunition in his possession or keeping without satisfactorily accounting for the fact,—
is liable for the first offence to a fine not exceeding twenty pounds, and for a second and every other subsequent offence to a fine not exceeding twenty pounds and not less than five pounds, with or without imprisonment for any period not exceeding six months with or without hard labour.
135 Convictions to be filed by Clerk of the Court.
Ibid, sec. 104
(1.)
On the conviction of any person for any offence under the last preceding section the convicting Justices shall transmit the conviction to the nearest Magistrate’s Court, there to be kept by the Clerk of such Court.
(2.)
On the prosecution of any person for any subsequent offence under that section, a copy of such conviction, certified by the Clerk of the Magistrate’s Court or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence; and such conviction shall be presumed not to have been quashed on appeal until the contrary is shown.
136 Arms, &c., to be delivered up in good order.
Ibid, sec. 105
(1.)
Every member of the Forces shall, on his ceasing to belong to any corps, troop, or company, whether by reason of discharge, dismissal, or disbandment, or by reason of change of class in the Militia, change of residence, or otherwise in any manner, deliver in good order, fair wear and tear excepted, and without demand, to the officer commanding his corps, troop, or company, or any person authorised by such officer, any arms, ammunition, clothes, horse, saddle, bridle, or other appointments intrusted to him as such member.
(2.)
Every member who commits a breach of this section is liable to imprisonment for any term not exceeding two months.
(3.)
Any Justice may issue his warrant to search for and seize any such arms, ammunition, clothes, horse, saddle, bridle, or other appointments not so delivered.
137 Wrongful destruction, &c., of arms, &c.
Ibid, sec. 106
Every person who wrongfully makes away with, destroys or damages, or negligently loses anything issued to him as a member of any branch of the Forces is liable for every such offence to a fine not exceeding twenty pounds, and to pay double the value thereof; and such double value shall be recoverable with costs either as a fine is recoverable or in a civil action at the suit of the commanding officer of the branch or corps to which such member belongs.
Offences
138 Obstructing parade, &c.
Ibid, sec. 35 1900, No. 69, sec. 2(11)
Every person who—
(a.)
Interrupts or obstructs any part of the Defence Forces at muster, inspection, or parade; or
(b.)
Goes or remains upon any place where any of the Defence Forces are exercising, or are at muster, inspection, or parade, after being warned by any officer not to go thereon or to depart therefrom,—
is liable for every such offence to a fine not exceeding one pound, and may be arrested by order of the senior officer present and kept in custody until the exercising, muster, inspection, or parade is over for the day, and then either taken in custody before a Justice or discharged from custody, as the senior officer present at the conclusion of the parade, muster, or inspection thinks fit.
139 Wilful injury to butts or targets.
1886, No. 17, sec. 107
Every person who wilfully commits any damage to any butt or target or other property belonging to or lawfully used by the Forces, or any branch thereof, or without the leave of an officer of the Permanent Staff searches for bullets in or otherwise disturbs the soil forming such butt or target, is liable for every such offence to a fine not exceeding ten pounds.
140 Penalty for giving false certificate, &c.
Ibid, sec. 108
Every officer, non-commissioned officer, or other member of any branch of the Forces who knowingly gives any false certificate, or makes any false statement or return respecting any matter or thing required by or under this Act or connected with the said Forces or any branch thereof, is liable to a fine not exceeding one hundred pounds.
141 Liquor not to be brought into camp, &c., without consent of commanding officer.
1888, No. 5, sec. 8
(1.)
No person shall bring or convey any spirituous or fermented liquor of any description into any camp, barrack, fort, or other place where any of the Defence Forces are quartered, stationed, or serving, without the previous consent of the officer commanding such camp, barrack, fort, or other place:
Provided that the provisions of “The Licensing Act, 1908,”
shall not be deemed to extend or apply to any camp authorised by the Minister.
Power to search or and confiscate liquor. Ibid, sec. 9
(2.)
Any officer or non-commissioned officer in the Defence Forces, with or without persons under his command, may lawfully enter into or upon and search any ship, vessel, or boat, or any conveyance or vehicle of any kind, hovering about or approaching, or that may have hovered about or approached, any such camp, barrack, fort, or other place as aforesaid, and, if any spirituous or fermented liquor is found on board such ship, vessel, or boat, or in or on such conveyance or vehicle, may seize such liquor, and the same shall be forfeited to His Majesty.
Bringing liquor into camp, barracks, &c., or inciting officers or men in Defence Force to desert. Ibid, sec. 10
(3.)
Every person is liable to a fine not exceeding twenty pounds who—
(a.)
Brings or conveys any spirituous or fermented liquor into any such camp, barrack, fort, or other place as aforesaid, without the previous consent of the officer in command; or
(b.)
Approaches or hovers about any such camp, barrack, fort, or other place as aforesaid (and whether in any ship, boat, vessel, conveyance, or vehicle or not) for the purpose of bringing any spirituous or fermented liquor thereon or thereto without such previous consent, or for the purpose of giving or selling, without such previous consent, spirituous or fermented liquor to men enrolled or serving in the Defence Forces or any branch thereof, or of inciting, aiding, or assisting any officer, non-commissioned officer, or private, or other person enrolled or serving in the Defence Forces or any branch thereof, to desert or improperly absent himself from any camp, barrack, fort, or other place as aforesaid.
Power to apprehend person acting contrary to section. 1888, No. 5, sec. 11
(4.)
Any commissioned officer or non-commissioned officer of the Defence Forces, or any constable, may, with or without any warrant or other process, apprehend or cause to be apprehended any offender or person acting contrary to this section, and bring him or cause him to be brought before a Justice for the purpose of being dealt with under this section.
142 Military uniforms not to be worn without authority.
1895, No. 3, sec. 4 1900, No. 19, sec. 27
(1.)
It shall not be lawful for any person not serving in His Majesty’s Military Forces, or in His Majesty’s Naval Forces, or in the Defence Forces, or for any honorary member of a Volunteer corps, to wear without the Governor’s permission the uniform, or any portion of the uniform, of any of those Forces:
Provided that nothing herein shall prevent any persons from wearing any uniform or dress in the course of a stage play performed in a place duly licensed or authorised for the public performance of stage plays, or in the course of a music-hall or circus performance, or of a ball, or in the course of any bona fide military representation.
(2.)
Every person who offends against this section is liable to a fine not exceeding five pounds.
1895, No. 3, sec. 3
(3.)
For the purposes of this and the next succeeding section “His Majesty’s Military Forces”
means the Regular Forces, the Reserve Forces, and the Auxiliary Forces within the meaning of the Army Act (other than the Naval Coast Volunteers and Naval Volunteers, as hereinafter defined); and “His Majesty’s Naval Forces”
means the Navy, the Naval Coast Volunteers, and the Naval Volunteers within the meaning of the Imperial Acts relating thereto.
143 Penalty for bringing contempt on uniform.
Ibid, sec. 5
Every person not serving in His Majesty’s naval or military Forces or in the Defence Forces, or any honorary member of a Volunteer corps, who wears without the Governor’s permission the uniform of any of those Forces, or any dress having the appearance or hearing any of the regimental or other distinctive marks of any such uniform, in a manner or under circumstances likely to bring contempt upon that uniform, or employs any other person so to wear that uniform or dress, is liable to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding one month.
144 Breach of Act or regulations punishable by fine.
1886, No. 17, sec. 109
Every person who commits any breach of this Act for which no other penalty is imposed by this Act is liable to a fine not exceeding ten pounds for each such offence, but this shall not prevent his being indicted and punished for any greater offence, if such appears to have been committed.
Miscellaneous
145 Continuing liability.
Ibid, sec. 110
Any fine duly imposed under this Act shall not in any way be released or invalidated by reason of the person on whom such fine is imposed quitting the branch of the Forces to which he belonged.
146 Recovery of fines.
1886, No. 17, sec. 111 1888, No. 5, sec. 12
(1.)
Except where by this Act otherwise expressly provided, all fines under this Act shall be recoverable in a summary way, as provided by “The Justices of the Peace Act, 1908,”
as follows:—
(a.)
Before one Justice, if the amount does not exceed five pounds:
(b.)
Before two Justices, if the amount exceeds that sum.
(2.)
All fines under sections thirty-five, fifty-two, or fifty-six hereof may be recovered in any Court of competent jurisdiction.
147 Commanding officer may appear by solicitor, &c.
1886, No. 17, sec. 112
(1.)
In all proceedings under this Act the commanding officer, or the commanding officer of any corps, may appear in any Court or before any Justice by any officer or non-commissioned officer of such corps, or any member of the Permanent Staff, or by a solicitor authorised in writing under the hand of such commanding officer.
(2.)
The production of a writing purporting to be signed by such commanding officer shall be prima facie evidence that the same has been so signed.
Ibid, sec. 111
(3.)
Any member of any corps in the Forces shall be a competent witness in any such proceedings, although the fine may be applied for the benefit of the corps to which he belongs.
148 Fines to go to general fund of corps.
Ibid, sec. 113 1888, No. 5, sec. 13
All fines imposed under this Act, or under any regulations under this Act, shall, when recovered, be paid and applied as follows:—
(a.)
If imposed under section thirty-five hereof, they shall be paid to the officer commanding the battalion or independent company of Militia to which the offender belongs, and shall be accounted for and applied towards the encouragement of target practice in such battalion or independent company in manner prescribed by regulations to be made from time to time by the Governor:
(b.)
If imposed under section forty or forty-one hereof, they shall be paid to the Public Trustee, to be placed to the credit of an account to be called the “Permanent Militia Reward Fund,”
which shall be applied for the benefit of the Permanent Militia in such manner and at such times as the Governor directs:
Provided that all rewards given for special services shall be paid at once to the persons entitled to receive the same:
(c.)
If imposed under section fifty-two or fifty-four hereof, they shall be paid to the commanding officer of the Volunteer corps to which the offender then belonged, and be applied as part of the general fund of the corps:
(d.)
If imposed under section one hundred and twenty-eight or one hundred and forty-one hereof, one moiety of each fine shall be paid to the informer or complainant, and the residue shall be paid into the Public Account and form part of the Consolidated Fund:
(e.)
Excepting as aforesaid, all fines recovered under this Act shall be paid into the Public Account and form part of the Consolidated Fund.
149 Convictions not to be quashed for want of form.
1886, No. 17, sec. 114
A summary conviction or adjudication under this Act, or an adjudication made on appeal therefrom, shall not be quashed for want of form or be removed by certiorari; and a warrant of commitment on any such conviction shall not be held void by reason of any defect therein, if it is therein alleged that the person therein named has been convicted and there is a good conviction to sustain the same.
150 Limitation of actions.
Ibid, sec. 115
(1.)
Except in the case mentioned in section fifty-eight hereof, no action or prosecution against any officer, non-commissioned officer, or other member of the Forces, or of any branch thereof, for anything done or purporting to be done in pursuance of this Act, shall be commenced after the expiration of three months from the doing of such act, nor unless notice in writing of the action and of the cause thereof has been first given to the defendant.
(2.)
In any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at the trial, and no plaintiff shall recover in any such action if a tender of sufficient amends was made before action brought, or if a sufficient sum of money is paid into Court by the defendant after action brought.
Costs. Ibid, sec. 116
(3.)
If in any such action a verdict is given for the defendant, or if the plaintiff becomes nonsuited or discontinues the action, or if judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and shall have the same remedy therefor as any defendant has in other cases; and though a verdict is given for the plaintiff, he shall not recover costs against the defendant unless the Judge certifies his approval of the action and verdict therein.
151 Paymaster to find security.
Ibid, sec. 117
Every person appointed to the office of paymaster of the Forces or of any branch thereof shall, before entering upon the duties of his office, give security to His Majesty in such manner and for such amount as the Minister of Finance directs, for the faithful accounting for and due application of all public moneys that come to his hands, and for the due and faithful execution of all other duties of his office.
152 General Orders. &c., sufficiently notified when published in Gazette.
Ibid, sec. 12
All Proclamations, Orders in Council, Warrants, and General Orders relating to the Defence Forces shall be deemed to be sufficiently notified to all persons whom they may concern by being gazetted; and the production of a copy of the Gazette purporting to contain any such Proclamation, Order in Council, Warrant, or General Order shall be conclusive evidence of the making, publication, and contents thereof, and of the date of such Gazette.
153 Orders authorised by Act, how promulgated.
Ibid, sec. 13
All orders relating to any particular branch of the Defence Forces given under the authority of or in execution of this Act by the Commander-in-Chief, or by any officer of the said Forces, shall be valid and effectual if given verbally on parade, or by advertisement in a newspaper circulating in the district, or by a printed or written notice affixed at a place previously appointed for that purpose, or issued in any other manner customary in His Majesty’s military service, unless in cases where this Act specially requires any such order to be in writing.
154 Orders by officer commanding district, &c., how promulgated.
1886, No. 17, sec. 14
All orders made by the officer commanding any district, battalion, troop, battery, company, corps, or other division shall be deemed to be sufficiently notified to all persons whom they may concern on being advertised in some newspaper circulating in the district where the persons to be thereby affected reside, or on copies thereof being posted at the drill-shed or other usual place of muster for such persons, or on being publicly read on parade.
155 Evidence of such order.
Ibid, sec. 15
The production of an order in writing purporting to be made according to the provisions of this Act shall be prima facie evidence of such order without proving the signature thereto or the authority of the person making such order.
156 Volunteers’ equipments to be admitted free.
1900, No. 69, sec. 28
All military clothing, saddlery, and equipments imported into New Zealand for the bona fide use of a Volunteer corps shall, on the certificate in writing of the Minister that the same are or have been imported for such purpose, be admitted free of duty.
157 Exemption from tolls, &c.
1886, No. 17, sec. 102
(1.)
Any duty or toll leviable at any pier, wharf, quay, landing-place, ferry, or bridge, or at any turnpike gate or bar, or at any other gate or bar on a public road, shall not be demanded or taken for—
(a.)
Any officer, non-commissioned officer, or other member of the Forces being on march or duty, or going to or returning from the place appointed for and on the day for exercise, inspection, review, or other public duty, and being in uniform:
(b.)
Any horse when ridden or used by any such officer, noncommissioned officer, or other member, on march or duty, or going or returning as aforesaid:
(c.)
Any cart, wagon, or carriage, public or private, employed only in carrying or conveying any such officer, noncommissioned officer, or other member, being on march or duty, or going or returning as aforesaid, and being in uniform, with or without any conductor or driver of such cart, wagon, or carriage, or domestic servant of such officer, non-commissioned officer, or other member:
(d.)
Any cart, wagon, or carriage, public or private, employed only in carrying or conveying or returning empty from carrying or conveying, having been employed only in carrying or conveying any arms or baggage of any such officer, non-commissioned officer, or other member, being on march or duty, or going to or returning from the place appointed for exercise, inspection, review, or other public duty, or any provisions or military stores belonging to or for the use of, or any gun belonging to or used by, the Forces, or any part thereof:
(e.)
Any horse or other animal drawing any such cart, wagon, or carriage as aforesaid, or any artillery.
(2.)
Every person is liable to a fine not exceeding five pounds who—
(f.)
Knowingly demands or takes any duty or toll in contravention of this section; or
(g.)
Makes any false representation respecting himself or any other person, or any animal or thing, with intent to obtain for himself or otherwise, or fraudulently obtain for himself or otherwise, any exemption under this section.
158 Exemption from serving on juries.
1900, No. 69, sec. 29
All members of the Defence Forces, with the exception of members of Defence rifle clubs, shall be exempt from serving on any jury.
SCHEDULES
FIRST SCHEDULE Enactments consolidated
1886, No. 17.—“The Defence Act, 1886.”
1888, No. 5.—“The Naval and Military Forces Discipline Act, 1888.”
1888, No. 13.—“The Volunteer Drill-sheds and Lands Act, 1888.”
1890, No. 16.—“The Volunteer Drill-sheds and Lauds Trustees Validation Act, 1890.”
1895, No. 3.—“The Uniforms Act, 1895.”
1900, No. 69.—“The Defence Act Amendment Act, 1900.”
1904, No. 44.—“The Ammunition-supply Act, 1904.”
1906, No. 41.—“The Defence Act Amendment Act, 1906.”
1907, No. 38.—“The Defence Act Amendment Act, 1907.”
SECOND SCHEDULE
Section 107(2). Ibid, sec. 19 1907, No. 38, sec. 11(2)
Summons to Court of Inquiry
I, A. B. [Official status of person convening the Court], do hereby summon you, , in terms of section 107 of “The Defence Act, 1908,”
to attend at at the hour of o’clock , to [Here state the object of the inquiry].
Dated the day of , 19 .
A. B.