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Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Fines

186A: Compensation to victims of offences causing physical harm

You could also call this:

"Help for People Hurt by Someone Else's Actions"

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of doing something that hurt someone, you might get a fine. The person in charge can decide to give some of the fine to the person you hurt. This is called compensation. You can only get compensation if what you did was not provoked and it hurt the other person. The person in charge will decide how much compensation to give. If you get compensation, it does not stop the person you hurt from getting more help under the Injury Prevention, Rehabilitation, and Compensation Act 2001. They can also try to get more money from you through the courts, as stated in section 317 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403873.

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Part 9Provisions relating to the carrying out of punishments
Fines

186ACompensation to victims of offences causing physical harm

  1. If any accused is found guilty, whether summarily or by the Court Martial, of any offence arising out of any act or omission that caused physical harm to any other person (whether a member of the Armed Forces or a civilian and whether or not causing the physical harm constitutes a necessary element of the offence at law) and the accused is punished by a fine, then the disciplinary officer or the Court Martial, as the case may require, may, in his, her, or its discretion, award by way of compensation to the victim a portion of the fine, not exceeding one half, as he, she, or it thinks fit.

  2. However, no award of compensation may be made under subsection (1) unless the disciplinary officer or the Court Martial, as the case may be, is of the opinion that the act or omission—

  3. was unprovoked; and
    1. caused bodily injury to the victim.

      1. An order made under this section shall be sufficient authority for the paying officer of the unit deducting the fine from the accused’s pay to pay the portion specified in the order to the person entitled to it under the order.

      2. An award of compensation under this section shall not affect the right of the person entitled to it—

      3. to receive compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001; and
        1. subject to section 317 of that Act, to recover by civil proceedings damages in excess of the amount of the award.

          Notes
          • Section 186A: inserted, on , by section 2(1) of the Armed Forces Discipline Amendment Act 1976 (1976 No 13).
          • Section 186A heading: amended, on , by section 57(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 186A(1): substituted, on , by section 57(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 186A(2): substituted, on , by section 57(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 186A(4)(a): amended, on , by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
          • Section 186A(4)(b): amended, on , by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).