New Zealand Legislation: Acts

19A Suspension of compensation and restitution orders, etc

• (1) Where the court makes an order for compensation under section 86 of the Armed Forces Discipline Act 1971, or an order for restitution under section 87 of that Act (with or without compensation under subsection (3) of that section), that order shall be suspended to such extent as may be prescribed by rules of court pending—

  • (a) the completion of such proceedings; or

  • (b) the expiration of such period; or

  • (c) the giving of such consent; or

  • (d) the occurrence of such event or circumstance—

  as may be so prescribed.

  (2) Where the operation of any such order is so suspended, it shall not take effect if the conviction is quashed on appeal.

  (3) Rules of court may be made—

  • (a) specifying any matter referred to in subsection (1) in relation to the suspension of orders for compensation; and providing for the retention of deductions from pay made pursuant to any order for compensation while the order is suspended; and

  • (b) specifying any matter referred to in subsection (1) in relation to the suspension of orders for restitution; and providing for the retention and safe custody of any property to which any order for restitution applies while the order is suspended.

  Section 19A: inserted, on 1 December 1983, by section 4 of the Courts Martial Appeals Amendment Act 1980 (1980 No 38).