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Armed Forces Discipline Act 1971

Miscellaneous provisions - Pay, etc, of deserters and absentees

202: Pay, service, and effects of deserters and absentees

You could also call this:

"What happens to your pay and belongings if you're absent without leave from the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you are in the Armed Forces and you are found guilty of desertion or being absent without leave, you will lose one day's pay and allowances for each day you were away. You can lose pay and allowances even if you are away for less than 24 hours. Any time you are away without leave might not count towards things like promotions or holidays. If you are found guilty, the Crown can take the pay and allowances you lost from any money they owe you, as stated in the Defence Act 1990. They can also take it from other money you are owed, except for money from the Government Superannuation Fund Act 1956. If you are away without leave, the Armed Forces will look after your belongings for six months. After that, they might give your money to the Treasury, as outlined in section 74 of the Public Finance Act 1989, or sell your other belongings and do the same with the money. If you return before six months, you will get your belongings back. The Chief of Defence Force can decide what to do with your belongings if you are away without leave. They can give them to someone else if they think that person is entitled to them. When counting the days you were away, any period under 24 hours counts as one day, and any period over 24 hours counts as one day plus one day for any extra hours.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404099.

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Part 11Miscellaneous provisions
Pay, etc, of deserters and absentees

202Pay, service, and effects of deserters and absentees

  1. A person subject to this Act who is convicted by the Court Martial or as provided in section 201, or is found guilty by a disciplinary officer, of desertion or absence without leave forfeits 1 day’s pay and allowances for each day during which he or she was in desertion or absent without leave.

  2. However, if the period of absence is less than 24 hours, the Court Martial or the disciplinary officer may cancel the forfeiture under subsection (1), in whole or in part, as the Court Martial or disciplinary officer thinks just.

  3. Any period in respect of which pay and allowances are forfeited under subsection (1) shall, to such extent as may be prescribed, not be counted as service towards promotion, increments in pay, leave, medals, badges, grants, completion of engagement, or any other benefit or condition of service.

  4. The pay and allowances that are to be forfeited under subsection (1) may, without limiting any other mode of recovery, be recovered from such person by the Crown—

  5. by deduction from any pay and allowances that would otherwise have been payable to him in respect of the whole or any part of the period during which he was in desertion or absent without leave, but which have been withheld from him in accordance with regulations made under the Defence Act 1990; and
    1. to the extent that such pay and allowances (if any) are insufficient to meet the pay and allowances that are to be forfeited, by deduction from any other pay and allowances or other money due, owing, or payable to such person by the Crown in relation to his service in the Armed Forces, not being an amount due, owing, or payable to him or on his death under the Government Superannuation Fund Act 1956.

      1. Subject to any regulations or Defence Force Orders made under this Act, where any person subject to this Act is absent without leave and any of that person’s personal belongings are in the possession or custody, or come into the possession, of the Armed Forces, those belongings shall be disposed of as follows:

      2. all money standing to that person’s credit at the date of the commencement of that person’s absence shall be held on that person’s behalf by the Chief of Defence Force for a period of 6 months from and including that date; and, if the person remains absent at the expiration of that period, the Chief of Defence Force shall cause the money to be deposited with the Treasury, and subsections (2) to (6) of section 74 of the Public Finance Act 1989 shall apply to any money so deposited as if it were so deposited pursuant to subsection (1) of that section:
        1. all returnable service property in the possession or custody of that person shall, unless sooner required for the purposes of the Armed Forces, be kept in safe custody on that person’s behalf for a period of 6 months from and including the date of the commencement of that person’s absence, and shall then, if that person remains absent at the expiration of that period, be returned to service stores and be disposed of in the same manner as if that person had been discharged from the service to which that person belongs:
          1. all chattels belonging to or reputedly belonging to that person shall be kept in safe custody on that person’s behalf for a period of 6 months from and including the date of the commencement of that person’s absence; and, if that person remains absent at the expiration of that period, the Chief of Defence Force may cause the chattels to be sold by auction, and the proceeds of sale shall be deposited with the Treasury, and subsections (2) to (6) of section 74 of the Public Finance Act 1989 shall apply to any money so deposited as if it were so deposited pursuant to subsection (1) of that section:
              1. provided that, if the person ceases to be absent before the expiration of that period of 6 months, the Chief of Defence Force shall forthwith cause the chattels referred to in this paragraph to be returned to that person.

            1. Notwithstanding the provisions of paragraph (c) of subsection (3), the Chief of Defence Force may, if he thinks fit, instead of causing the chattels referred to in that paragraph to be sold, deliver them to any person (other than the absentee) who appears to him to be entitled to or have a claim on them.

            2. In calculating the number of days of desertion or absence without leave for the purposes of this section, if such period, being a continuous period of absence, calculated in hours,—

            3. is less than 24 hours, it must be counted (except for the purposes of subsection (1A)) as 1 day; or
              1. is more than 24 hours, each multiple of 24 hours shall be counted as 1 day and any remaining number of hours shall be counted as a further day.

                Notes
                • Section 202(1): substituted, on , by section 70(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                • Section 202(1A): inserted, on , by section 70(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                • Section 202(2A): inserted, on , by section 19(2) of the Armed Forces Discipline Amendment Act 1980 (1980 No 37).
                • Section 202(2A)(a): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                • Section 202(3): substituted, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
                • Section 202(3) proviso: amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                • Section 202(4): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 1997 (1997 No 34).
                • Section 202(5): added, on , by section 19(3) of the Armed Forces Discipline Amendment Act 1980 (1980 No 37).
                • Section 202(5)(a): substituted, on , by section 70(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).