New Zealand Legislation: Acts

19 Court may make an order for the payment of compensation or restitution of property

• (1) On hearing an appeal under this Act, the court may in the appropriate case order the appellant to pay compensation under section 86, or to make restitution of property under section 87 (with or without compensation under subsection (3) of that section), of the Armed Forces Discipline Act 1971, or both to pay compensation and to make restitution, in the same manner and to the same extent as the Court Martial, notwithstanding that the Court Martial made no such order.

  (2) Where the Court Martial has made an order under section 86 or section 87 of the Armed Forces Discipline Act 1971, the court may, on hearing an appeal against any such order,—

  • (a) confirm the order; or

  • (b) quash the order; or

  • (c) in the case of an order requiring the payment of compensation, vary the order by requiring a reduced amount of compensation to be paid, or by requiring an increased amount of compensation to be paid (not exceeding the limit imposed by the said section 86), in which case the order as varied shall take effect accordingly; or

  • (d) in the case of an order requiring restitution of property to be made, vary the order by requiring property additional to or different from that specified in the order to be restored to the person who appears to be entitled to it, or, if the court thinks that the person to whom property is to be restored by an order is not entitled to the whole of it, vary the order by excluding the part to which he does not appear to be entitled; and the order as varied shall take effect accordingly.

  (3) [Repealed]

  Section 19: substituted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

  Section 19(1): amended, on 1 July 2009, by section 25(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 19(1): amended, on 1 July 2009, by section 25(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 19(1): amended, on 1 December 1983, by section 3(1) of the Courts Martial Appeals Amendment Act 1980 (1980 No 38).

  Section 19(2): amended, on 1 July 2009, by section 25(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 19(2): amended, on 1 July 2009, by section 25(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 19(2)(d): amended, on 1 July 2009, by section 25(4) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 19(3): repealed, on 1 December 1983, by section 3(2) of the Courts Martial Appeals Amendment Act 1980 (1980 No 38).