Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment - Compensation and restitution

117ZA: Orders for compensation and restitution

You could also call this:

"Paying back for doing something wrong in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of an offence, the disciplinary officer can order you to pay compensation or make restitution. You can be ordered to pay compensation in accordance with section 86, or make restitution in accordance with section 87, or do both. The disciplinary officer can also order you to pay compensation and make restitution at the same time. If you were given the right to elect trial by the Court Martial under section 117D or 117M, the amount of compensation you can be ordered to pay is limited. You cannot be ordered to pay more than your basic pay for 28 days if you had the right to elect trial by the Court Martial. If you did not have this right, you cannot be ordered to pay more than your basic pay for 14 days. The disciplinary officer must get a special certificate if they want to order you to pay compensation that is more than your basic pay for 7 days.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096930.

This page was last updated on View changes


Previous

117Z: Reduction of punishments, or

"How punishments can be made less severe in the Armed Forces"


Next

117ZB: Accused deemed to have waived certain rights in certain circumstances, or

"Giving up some rights when accused of something"

Part 5Investigation and summary trial of charges
Punishment: Compensation and restitution

117ZAOrders for compensation and restitution

  1. Every disciplinary officer who finds an offender guilty of an offence may, in addition to or in substitution for any punishment or punishments that he or she may impose on the offender, order the offender, in the same manner and to the same extent as the Court Martial,—

  2. to pay compensation in accordance with section 86; or
    1. to make restitution in accordance with section 87 (with or without compensation under section 87(3)); or
      1. both to pay compensation and make restitution.
        1. However,—

        2. if the offender was given the right to elect trial by the Court Martial under section 117D or 117M, he or she may not be ordered under this section to pay an amount by way of compensation exceeding his or her basic pay for a period of 28 days:
          1. if the offender was not given the right to elect trial by the Court Martial under section 117D or 117M, he or she may not be ordered to pay an amount by way of compensation exceeding his or her basic pay for a period of 14 days.
            1. The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to order the offender to pay an amount by way of compensation that exceeds the offender's basic pay for a period of 7 days.

            Notes
            • Section 117ZA: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 117ZA(2)(b): amended, on , by section 16 of the Statutes Amendment Act 2025 (2025 No 74).
            • Section 117ZA(3): added, on , by section 8 of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).