Defence Act 1990

Offences punishable by civil courts

86: False statements regarding pay or allowances, etc

You could also call this:

"Lying to get extra money or awards from the military is against the law"

You commit an offence if you make a false statement or withhold information to get pay or an award. You can get a fine or go to prison for up to 6 months if you do this. This applies to you if you are in New Zealand or somewhere else. You might make a false statement to get pay, an allowance, or an award for being brave or serving in the Armed Forces. If you get more money than you should because of a false statement, you might have to pay it back. You can pay it back from money the Crown owes you. If you get an award because of a false statement, you might not be allowed to keep it. The Crown can take back the award or the money you got because of 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=DLM206901.

This page was last updated on 14 December 2025 — View changes

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85: Aiding malingering, or

"Helping a soldier avoid duty by making them sick or unfit"

87: Failure to account for issued property, or

"Returning Armed Forces property when asked"

Part 7Offences punishable by civil courts

86False statements regarding pay or allowances, etc

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who, in New Zealand or elsewhere, makes any statement knowing it to be false, or knowingly withholds any required information, for the purpose—
of obtaining payment of any amount by way of pay, allowance, or gratuity under this Act, whether as a dependant of a member of the Armed Forces or otherwise; or
of obtaining any decoration, emblem, or award issued for gallantry or service in the Armed Forces.

If, as a consequence of the commission of an offence against this section, any amount is paid to a dependant of a member of the Armed Forces, or to any other person for the time being entitled to receive it, in excess of the amount to which the dependant or other person is entitled, the amount paid in excess, or any part of the amount, may be recovered from the dependant or other person out of money payable to the dependant or other person by the Crown but not yet paid, or out of money to become payable to the dependant or other person by the Crown, or may be recovered as a debt due to the Crown.

Notes

Section 86(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).