If you’re serving in the New Zealand Defence Force (NZDF) and feel you’ve been wronged, you have the right to make a complaint. This right is protected under section 49 of the Defence Act 1990 and further detailed in Defence Force Order (DFO) 3, Chapter 13. Whether your concern is about a decision, treatment, or situation affecting your service, the complaints process is designed to ensure you’re heard and treated fairly. Whether that occurs in practice is another question. Anecdotally, complaints in the NZDF can be drawn out, with some taking years to resolve.
Who Can Make a Complaint?
Any member of the Armed Forces can make a complaint. You don’t need permission, though there are significant limitations on what you can complain about and how it is to be done. If you are going to be discharged, or your service will otherwise end, and wish to raise a complaint about anything, your complaint needs to be raised before your last day of service.
What Can You Complain About?
You can raise a complaint about any matter where you believe you’ve been wronged, except for the legality of a conviction or sentence of the Court Martial, or the outcome of a Summary Trial. Concerns about a Court Martial or Summary Trial you faced should be raised through the appropriate appeals process.
How to Make a Complaint
Complaints can be made verbally or in writing, though written complaints are preferred. Ordinarily your complaint should be made to your immediate superior officer (your ‘one up’ commander). However, if the complaint is particularly sensitive in nature, or involves the conduct of the superior officer, the complaint can be made to the next superior officer.
If you make a verbal complaint, the officer receiving it must prepare a written summary and send it to you for confirmation before proceeding.
When writing your complaint, make sure it includes:
- The wrong complained of;
- The relevant facts; and
- The redress you’re seeking.
You are free to frame your complaint how you wish, but it must be respectful. Complaints with disrespectful or insubordinate language will be returned and will not be considered until the language is removed. If the language breaches the AFDA, disciplinary action may follow.
You must avoid including any private information about others unless you have their consent.
Getting Help
If you need help preparing your complaint, you can request assistance from an officer, warrant officer, or non-commissioned officer—someone other than a legal officer. If you have a preferred person from your unit, they can be appointed to help if available. Civil staff may also assist if they agree.
Your Commanding Officer may offer help if they believe it’s in your best interest or will help speed up the process. You are not required to accept this help, but if you do, your support person can accompany you to any verbal presentation or investigation and even speak or write on your behalf.
Legal Representation
You may want to seek independent legal advice before filing your complaint. Lawyers can help with the framing of your complaint and ensure it raises issues in the most persuasive manner possible. If you are going to involve a lawyer, it is best to do so early in the process – once you have submitted your complaint, it may have practical implications (such as delaying a decision or requiring further investigation). That said, you may amend or supplement the complaint, or the redress sought, at any time during the investigation.
The NZDF does not provide legal services for complaints, and it does not cover any legal costs.
What Happens Next?
Once your complaint is received, the superior officer must investigate it as soon as practicable. They must either investigate it themselves or ensure someone else does. If your complaint is upheld, they must take steps to address and redress the issue.
If you’re unhappy with the outcome, or if your complaint isn’t passed up the chain when requested, you can escalate it yourself to the next superior officer. This process can continue through successive levels, potentially to the CDF.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.
*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.
