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Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

87A: Suspension of compensation and restitution orders made by Court Martial, etc

You could also call this:

"Delaying payment of compensation when appealing a Court Martial decision"

Illustration for Armed Forces Discipline Act 1971

You might get an order to pay compensation or restitution if you are found guilty by the Court Martial. The Court Martial can delay this order if you are appealing the decision. This means you do not have to pay until the appeal is finished. If the Court Martial finds you guilty, and you appeal, the order to pay compensation or restitution will not happen if your appeal is successful. This also applies if a disciplinary officer finds you guilty and makes an order for compensation or restitution. You can find more information about this in section 152(1) of the Contract and Commercial Law Act 2017. The rules about appealing a decision are in section 134 and section 19 of the Court Martial Appeals Act 1953.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403026.

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Part 3Jurisdiction of Court Martial and punishment of offenders

87ASuspension of compensation and restitution orders made by Court Martial, etc

  1. Where the Court Martial makes an order for compensation under section 86, or an order for restitution under section 87 (with or without compensation under subsection (3) of that section), or convicts anyone of an offence to which section 152(1) of the Contract and Commercial Law Act 2017 applies, the operation of that order or the provisions of that subsection shall be suspended to such extent as may be prescribed in the rules of procedure pending—

  2. the completion of such proceedings; or
    1. the expiration of such period; or
      1. the giving of such consent; or
        1. the occurrence of such event or circumstance—
            1. as may be so prescribed.

          1. Without limiting section 19 of the Court Martial Appeals Act 1953, where the operation of any such order or the operation of the said provisions is so suspended, the order or provisions shall not take effect if the conviction is quashed on review or appeal.

          2. Subsection (1), with any necessary modifications, applies to—

          3. a finding of guilty made by a disciplinary officer, being a finding to which section 152(1) of the Contract and Commercial Law Act 2017 applies:
            1. an order for compensation or restitution made by a disciplinary officer under section 86 or 87.

              1. If the operation of an order for compensation or restitution or the operation of section 152(1) of the Contract and Commercial Law Act 2017 is suspended by virtue of subsection (3), the order or provisions must not take effect if the finding of guilty is quashed on appeal.

              2. Subsection (4) does not limit section 134.

              Notes
              • Section 87A: inserted, on , by section 5 of the Armed Forces Discipline Amendment Act 1980 (1980 No 37).
              • Section 87A heading: amended, on , by section 32(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 87A(1): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
              • Section 87A(1): amended, on , by section 32(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 87A(2): amended, on , by section 15 of the Statutes Amendment Act 2025 (2025 No 74).
              • Section 87A(2): amended, on , by section 32(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 87A(3): added, on , by section 32(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 87A(3)(a): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
              • Section 87A(4): added, on , by section 32(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 87A(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
              • Section 87A(5): added, on , by section 32(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).