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Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

86: Compensation for loss of or damage to property

You could also call this:

"Paying for damage or harm you cause to others"

Illustration for Armed Forces Discipline Act 1971

If you commit an offence against the Armed Forces Discipline Act, the Court Martial can order you to pay compensation for any harm or damage you caused. You might have to pay for emotional harm, loss or damage to property, or expenses that someone else had because of what you did. The Court Martial will decide how much you have to pay. If you had money on you when you were arrested, the Court Martial might use some of that money to pay for the compensation. When the Court Martial decides how much compensation you have to pay, they must think about what is said in section 10 of the Sentencing Act 2002. The total amount of compensation you have to pay will depend on who you are. If you are a member of the Armed Forces, you might have to pay up to 28 days of your basic pay. If you are not a member of the Armed Forces, you might have to pay up to $1,000. If the Court Martial orders you to pay compensation, it does not stop the other person from taking you to court to get more money if they need 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=DLM403020.

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85: Punishment by fine, or

"Breaking the law in the Armed Forces can result in a fine, where you pay a certain amount of money."

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"Returning stolen property to its rightful owner"

Part 3Jurisdiction of Court Martial and punishment of offenders

86Compensation for loss of or damage to property

  1. Subject to the provisions of this section, on convicting any person for an offence against this Act, the Court Martial may, in addition to or in substitution for any punishment that it has power to impose, order the offender to pay to any person (including the Crown in right of New Zealand) such sum as it thinks just by way of compensation for any emotional harm, or for any loss or destruction of or damage to property, or for any expense, suffered by the last-mentioned person through or by means of the offence.

  2. Where on the arrest of the offender any money was found in his possession, the Court Martial may, in its discretion, if it is satisfied that the money was obtained through or by means of the offence, order the whole or any part of the money to be applied to any such payment.

  3. The provisions of sections 85 (except subsection (3)) and 185 shall apply with respect to any payment ordered under this section as if it were a fine imposed for an offence.

  4. When determining the amount of compensation to be paid, the Court Martial must take into account any offer, agreement, response, measure, or action as described in section 10 of the Sentencing Act 2002.

  5. Except as provided in subsection (2), the total amount of compensation awarded by the Court Martial shall not exceed—

  6. in the case of a member of the Armed Forces, an amount equal to his basic pay for 28 days; or
    1. in the case of any other person, $1,000.

      1. Any order under this section shall not affect the right of any person to recover by civil proceedings any sum in excess of the amount recovered under the order.

      Notes
      • Section 86(1): amended, on , by section 30(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 86(1): amended, on , by section 3 of the Armed Forces Discipline Amendment Act 1999 (1999 No 28).
      • Section 86(2): amended, on , by section 30(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 86(3A): inserted, on , by section 30(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 86(4): amended, on , by section 30(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 86(4)(a): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
      • Section 86(4)(b): amended, on , by section 21 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).