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Armed Forces Discipline Act 1971

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

134: Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on

You could also call this:

"Appealing to the Summary Appeal Court about compensation, restitution, or punishment orders"

Illustration for Armed Forces Discipline Act 1971

You can appeal to the Summary Appeal Court about orders for compensation or restitution. The court can quash the order if all findings of guilty are quashed, or if the disciplinary officer did not have the power to make the order. The court can also quash the order if it is too severe. You can also appeal to the Summary Appeal Court about orders to come up for punishment if called on, which are made under section 117T. The court can quash this order if it is necessary for discipline or justice. If the court quashes this order, it can impose a new punishment. The Summary Appeal Court can vary an order by changing it to something the disciplinary officer could have made. This can include reducing or increasing the amount of compensation to be paid. The court can also change an order for restitution by adding or removing property to be restored. If the court varies an order, the new order is treated as if the disciplinary officer made it. It has effect from the day the original order was made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098436.

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

134Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on

  1. The Summary Appeal Court may, on an appeal against an order of compensation or restitution (or both) or an order under section 117T,—

  2. quash the order if—
    1. all of the findings of guilty in relation to the order have been quashed; or
      1. the court considers that the disciplinary officer did not have the power to make the order; or
        1. the court considers that the order is too severe; or
          1. in the case of an order under section 117T, the court considers that quashing the order is necessary for the maintenance of discipline or in the interests of justice; or
          2. vary the order if the court—
            1. considers that the order is too severe; or
              1. otherwise considers that a variation is necessary for the maintenance of discipline or in the interests of justice; or
              2. dismiss the appeal.

                1. If an order under section 117T is quashed under subsection (1)(a)(iv),—

                2. the Summary Appeal Court may impose a punishment, or combination of punishments, that the disciplinary officer would have had the power to impose; and
                  1. that punishment, or combination of punishments,—
                    1. is deemed to have been imposed by the disciplinary officer; and
                      1. has effect as if imposed on the day on which the order under section 117T was made.

                      2. The Summary Appeal Court may vary the order under subsection (1)(b) by substituting an order—

                      3. that the disciplinary officer would have had the power to make; and
                        1. that, in the case of an order requiring the payment of compensation,—
                          1. reduces the amount of compensation to be paid; or
                            1. increases the amount of compensation to be paid; and
                            2. that, in the case of an order requiring restitution,—
                              1. requires property additional to or different from that specified in the order to be restored to the person who appears to the court to be entitled to it; or
                                1. excludes part of the property that is specified in the order if the court considers that the person to whom property is to be restored is not entitled to that part.

                                2. If an order is varied under this section, the varied order—

                                3. is deemed to have been made by the disciplinary officer; and
                                  1. has effect as if made on the day on which the original order was made.

                                    Notes
                                    • Section 134: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).