Constitution of Courts Martial Appeal Court

Suspension of compensation and restitution orders, etc

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Courts Martial Appeals Amendment Act 1980

Public Act		1980 No 38
Date of assent		2 December 1980

	Title
1	Short Title and commencement
2	Constitution of Courts Martial Appeal Court
3	Orders for compensation and restitution
4	Suspension of compensation and restitution orders, etc
	Administrative information

An Act to amend the Courts Martial Appeals Act 1953

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Courts Martial Appeals Amendment Act 1980, and shall be read together with and deemed part of the Courts Martial Appeals Act 1953 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the date appointed for the commencement of the Armed Forces Discipline Act 1971.

2 Constitution of Courts Martial Appeal Court

Section 3(1) of the principal Act is hereby amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:

“(a)

The Judges of the High Court; and

“(b)

Such other persons, being barristers of the High Court of New Zealand who have held a practising certificate as such for not less than 7 years or former Judges of the High Court, as the Governor-General in Council may appoint.”

3 Orders for compensation and restitution

(1)

Section 19 of the principal Act (as substituted by section 208(1) of the Armed Forces Discipline Act 1971) is hereby amended by omitting from subsection (1) the words “or make restitution of property under section 87 of the Armed Forces Discipline Act 1971”, and substituting the words “, 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,”.

(2)

The said section 19 is hereby further amended by repealing subsection (3).

4 Suspension of compensation and restitution orders, etc

The principal Act is hereby amended by inserting, after section 19, the following section:

“19a

“(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) of this section 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) of this section 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.”

This Act is administered in the Ministry of Defence.

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Courts Martial Appeals Amendment Act 1980