87Restitution of property

1. Where the Court Martial convicts anyone of an offence against sections 57 to 60 and section 74 (being an offence relating to the unlawful acquisition or possession of property), the Court may, in addition to or in substitution for any punishment that it may impose, order the whole or any part of any such property found in his possession, or in the possession of any other person acting on his behalf, to be delivered to such person as appears to be entitled to it.

2. If any property (other than money) that appears to the Court Martial to have been obtained by the conversion or exchange of any property unlawfully obtained is found as aforesaid, the Court may order that the property so found be delivered to such person as appears to be entitled to it.

3. Where an order is made under subsection (1), and it appears to the Court Martial that a purchaser has bought the property in good faith and without knowledge that it was unlawfully acquired or possessed, the Court may order that on the restitution of the property the offender shall pay to the purchaser a sum not exceeding the amount paid by him. The provisions of subsections (2) to (5) of section 86 shall apply to any such order.

4. Where anyone is convicted of an offence against sections 57 to 60, and it appears to the Court Martial convicting him that the property has been pawned to a pawnbroker, the Court may order the pawnbroker to deliver it to the person appearing to the Court to be entitled to it, either on payment or without payment to the pawnbroker of the amount of the loan or any part of it, as the Court in all the circumstances of the case thinks just: provided that before an order is made for the delivery of the property without payment to the pawnbroker, he shall be given the opportunity to be heard.

5. If the person in whose favour any order under subsection (4) is made thereby obtains delivery or possession of the property, he shall not afterwards question the validity of the pawn.

6. Except as provided in subsection (5), no order made under this section shall have any further effect than to change possession of the property; and no such order shall prejudice any right of property, or any right of action in respect of any property, existing or acquired in it either before or after the offence was committed.

7. Subsections (4) and (5) shall apply only in respect of pawnbrokers carrying on business in New Zealand, or in places over which New Zealand is for the time being exercising sovereignty, or in respect of pawnbrokers over which New Zealand or the Armed Forces or any part of the Armed Forces has jurisdiction by virtue of any treaty or agreement with the country in which the pawnbrokers are carrying on business.