Pardon for Soldiers of the Great War Act 2000

1: Title
This Act is
the Pardon for Soldiers of the Great War Act 2000.
2: Commencement
This Act comes
into force on the day after the date on which it receives the Royal
assent.
3: Act to bind the Crown
This Act binds
the Crown.
4: Purpose
The purpose
of this Act is—
a: to pardon 5 soldiers of the New Zealand
Expeditionary Force who served as volunteers in the Great War and
who were executed in 1 case for mutiny and in the other 4 cases for
desertion; and
b: to remove, so far as practicable, the
dishonour that the execution of those 5 soldiers brought to those
soldiers and their families.
5: Pardon of Private Braithwaite
1: Private John
Braithwaite, regimental number 24/1521, a member of the 2nd Battalion,
Otago Regiment,—
a: who was charged with having committed
on 28 August 1916 the offence of mutiny; and
b: who, by a General Court Martial held
on 11 October 1916, was convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 29 October 1916,— is, by this Act, granted a pardon for that offence of mutiny.
2: The soldier
to whom subsection (1) relates (who originally enlisted as a volunteer
under the name of Jack Braithwaite on 29 May 1915 and was then
given the regimental number of 24/58) was re-attested under the name
of John Braithwaite on 10 November 1915 and was then given the
regimental number 24/1521.
6: Pardon of Private Hughes
Private Frank
Hughes, regimental number 24/2008, a member of the 2nd Battalion,
Canterbury Regiment,—
a: who was charged with having committed
on 29 July 1916 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 12 August 1916, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 25 August 1916,— is, by this Act, granted a pardon for that offence of desertion.
7: Pardon of Private King
Private John
King, regimental number 6/1598, a member of the 1st Battalion, Canterbury
Regiment,—
a: who was charged with having committed
on 30 May 1917 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 5 August 1917, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 19 August 1917,— is, by this Act, granted a pardon for that offence of desertion.
8: Pardon of Private Spencer
Private Victor
Manson Spencer, regimental number 8/2733, a member of the 1st Battalion,
Otago Regiment,—
a: who was charged with having committed
on 13 August 1917 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 17 January 1918, convicted of that offence and sentenced
to death; and
c: who was again sentenced to death on 29 January
1918 after the Field General Court Martial had revised its finding
and had convicted him of having committed the offence of desertion
not on 13 August 1917 but on 25 August 1917; and
d: who was, after the sentence of death
imposed on him on 29 January 1918 had been confirmed, executed
by firing squad in accordance with that sentence on 24 February
1918,— is, by this Act, granted a pardon for that offence of desertion.
9: Pardon of Private Sweeney
Private John
Joseph Sweeney, regimental number 5/1384, a member of the 1st Battalion,
Otago Regiment,—
a: who was charged with having committed
on 25 July 1916 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 13 September 1916, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 2 October 1916,— is, by this Act, granted a pardon for that offence of desertion.
10: Effect of pardons
The pardons
effected by sections 5 to 9
a: the harsh discipline that was believed
at the time to be required; and
b: the application of the death penalty
for military offences being seen at that time as an essential part
of maintaining military discipline.
11: Restoration of memory
The Government
of New Zealand must, in relation to each soldier granted a pardon
by this Act,—
a: note in its official records and, in
particular, on the personal file of the soldier, the pardon granted
to him and its effect; and
b: notify the Commonwealth War Graves Commission
of the pardon granted to the soldier by this Act; and
c: take such other steps as, in its opinion,
are reasonable or desirable to restore the memory of the soldiers
granted pardons by this Act.
12: Act not to create right to compensation
Nothing in this
Act—
a: confers any right to compensation; or
b: is to be relied on in any proceedings
as a basis for any claim to compensation,—
i: for harm caused by; or
ii: losses claimed to have flowed from the
consequences of— any of the convictions specified in sections 5 to 9
13: Scope of Act
This Act—
a: has effect only in relation to the offences
and convictions specified in sections 5 to 9
b: is not to be regarded as having effect
in relation to any other offence or any other conviction.