Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Findings, etc, of courts-martial

133: Power of Summary Appeal Court in respect of punishments

You could also call this:

"Appealing a Punishment in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You can appeal to the Summary Appeal Court if you think your punishment is unfair. The court can cancel your punishment if all the findings of guilty are cancelled, or if the person who gave you the punishment did not have the power to do so, or if the punishment is too severe. The court can also change your punishment if it thinks the original punishment is too severe. You can also appeal if you think the person who gave you the punishment did not have the power to do so. The court can change your punishment to one that the person who gave you the punishment would have had the power to give, as long as it is not more severe. If the court changes your punishment, it is like the original person gave you the new punishment. If the court changes your punishment, the new punishment starts from the day the original punishment was given. The new punishment is treated as if the person who originally gave you the punishment had given you the new one. This is what happens when the Summary Appeal Court changes your punishment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098435.

This page was last updated on 1 January 2026 — View changes

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Crime and justice > Courts and legal help

132: Power of Summary Appeal Court in respect of finding of guilty, or

"What happens if you appeal a guilty decision in the military court"

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Part 5ASummary Appeal Court of New Zealand
Findings, etc, of courts-martial

133Power of Summary Appeal Court in respect of punishments

The Summary Appeal Court may, on an appeal against a punishment or a combination of punishments,—
quash the punishment, or the combination of punishments, if—
1. all of the findings of guilty in relation to the punishment, or the combination of punishments, have seen quashed; or
2. the court considers that the disciplinary officer did not have the power to impose the punishment or the combination of punishments; or
3. the court considers that the punishment, or the combination of punishments, is too severe; or
vary the punishment, or the combination of punishments, if—
1. the court considers that the disciplinary officer did not have the power to impose the punishment or the combination of punishments; or
2. the court considers that the punishment, or the combination of punishments, is too severe; or
dismiss the appeal.

The Summary Appeal Court may vary the punishment, or the combination of punishments, under subsection (1)(b) by substituting a punishment, or combination of punishments, that—
the disciplinary officer would have had the power to impose; and
in the opinion of the Summary Appeal Court, is no more severe than the punishment, or the combination of punishments, originally imposed.

If the punishment, or the combination of punishments, is varied, the varied punishment, or combination of punishments,—
is deemed to have been imposed by the disciplinary officer; and
has effect as if imposed on the day on which the original punishment, or combination of punishments, was imposed.

Notes

Section 133: substituted, on 1 July 2009, by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).