Defence Act 1990

Terms and conditions of service in the armed forces - Miscellaneous provisions relating to service

49: Redress of complaints

You could also call this:

"How to complain if you think something is unfair"

You can make a complaint if you think you have been wronged in some way. You make this complaint to a Service authority in the way set out in Defence Force Orders, except for matters that should be appealed under the Court Martial Appeals Act 1953 or the Armed Forces Discipline Act 1971. You can take your complaint to a higher authority if you are not happy with the decision. If the authority you complain to will not forward your complaint to the next higher authority, you can take it there yourself. You can keep taking it to higher authorities if necessary. The authority that gets your complaint must look into it and fix the problem if they can. It is the authority's job to investigate your complaint as soon as they can and do what they think is necessary to fix it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206085.

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48: Determinations and regulations to be notified in Defence Force Orders, or

"Rules about Defence Force pay and allowances are listed in Defence Force Orders"

50: Special service, or

"Helping the military with special jobs"

Part 4Terms and conditions of service in the armed forces
Miscellaneous provisions relating to service

49Redress of complaints

Except in respect of a matter that would properly be the subject of an appeal under the Court Martial Appeals Act 1953 or the Armed Forces Discipline Act 1971, any member of the Armed Forces who considers that he or she has been wronged in any matter may make a complaint as of right to such Service authority and in such manner as may be prescribed in Defence Force Orders.
If the complainant is not satisfied with the decision of the authority to whom the complaint was made, and that authority refuses or fails, when requested to do so, to forward the complaint to the next superior authority, the complainant shall be entitled to make a complaint direct to the next superior authority, and, in the case of any further refusal or failure, to the next superior authority, and so on as prescribed.
It is the duty of any authority receiving a complaint under this section to investigate it or have it investigated as soon as practicable and to take such steps for redressing the complaint as appear to that authority to be necessary.

Notes

Section 49(1): amended, on 1 July 2009, by section 4(1) of the Defence Amendment Act (No 2) 2007 (2007 No 100).