Defence Act 1990

1: Short Title and commencement
1: This Act may be cited as the Defence Act 1990.
2: This Act shall come into force on 1 April 1990.
2: Interpretation
1: In this Act, unless the context otherwise requires,— active service order
a: posting a part of the Armed Forces or any member of the Armed Forces on active service; or
b: declaring that a part of the Armed Forces or any member of the Armed Forces has ceased to be on active service air cadet aircraft Air Force section 11(5) air force base airman
a: a non-commissioned officer of the Air Force; and
b: a rating of the Navy and a soldier of the Army attached to the Air Force;— but does not include an officer allied force Armed Forces Army section 11(4) Army camp cadet forces cadet officer Civil Staff section 61A component defence area or is requisitioned under section 10(2)﻿(b)
a: every naval establishment, army camp, and air force base:
b: any arsenal and any other place used for the purpose of building, repairing, making, or storing munitions or equipment for or belonging to the Defence Force:
c: any land, or any building or part of a building, declared by Order in Council ( see Defence Force section 11(1) enemy
a: any member of any such armed force or any member of that authority or government, as the case may be:
b: any person materially assisting that country, force, authority, or government in its war effort or armed combat operations:
c: any ally of that country, force, authority, or government:
d: all pirates:
e: all armed persons who are engaged in any mutiny, rebellion, or riot against New Zealand or against any Service authority of the Armed Forces of New Zealand or against any ally of New Zealand intellectual property joint force section 12 joint force commander section 12 land leading aircraftman member of the Defence Force
a: an officer, a rating, a soldier, or an airman; and
b: a member of the Civil Staff military Minister naval establishment naval ship Navy section 11(3) New Zealand cadet New Zealand force non-commissioned officer
a: in relation to the Navy, a rating of warrant officer, chief petty officer, petty officer, or leading rank; and includes—
i: a non-commissioned officer of the Army or the Air Force attached to the Navy; and
ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Navy:
b: in relation to the Army, a soldier above the rank of private but below the rank of officer cadet; and includes a warrant officer; and also includes—
i: a non-commissioned officer of the Navy or the Air Force attached to the Army; and
ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Army:
c: in relation to the Air Force, an airman above the rank of leading aircraftman but below the rank of officer cadet; and includes a warrant officer; and also includes—
i: a non-commissioned officer of the Navy or the Army attached to the Air Force; and
ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Air Force officer
a: in relation to the Navy, a person who is of or above the rank of midshipman or is a chaplain in the Navy; and includes—
i: an officer of the Army or the Air Force attached to the Navy or any part of it; and
ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Navy:
b: in relation to the Army, a person who is of or above the rank of officer cadet or is a chaplain in the Army; and includes—
i: an officer of the Navy or the Air Force attached to the Army or any part of it; and
ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Army:
c: in relation to the Air Force, a person who is of or above the rank of officer cadet or is a chaplain in the Air Force; and includes—
i: an officer of the Navy or the Army attached to the Air Force or any part of it; and
ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Air Force prescribed Armed Forces Discipline Act 1971 private public property rank rating
a: a non-commissioned officer of the Navy; and
b: a soldier of the Army and an airman of the Air Force attached to the Navy;— but does not include an officer regular forces relative rank section 17 reserve forces sea cadet Service ship and includes a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine to form a cushion extending beneath the machine to the surface of any ground, water, or other portion of the earth’s surface soldier
a: a non-commissioned officer of the Army; and
b: a rating of the Navy and an airman of the Air Force attached to the Army;— but does not include an officer territorial forces unit warrant officer
a: a warrant officer in the Navy; and
b: in relation to the Army, a warrant officer class one and warrant officer class two; and
c: in relation to the Air Force, a warrant officer and master aircrew.
2: In this Act and in any instrument made under this Act, unless the context otherwise requires, mention of a person by reference to the designation of that person’s office or appointment includes a reference to any person who for the time being is lawfully performing the functions or duties of, or acting in, the office or appointment—
a: by virtue of a permanent, temporary, or acting appointment; or
b: by assumption of the functions or duties of the office or appointment pursuant to this Act or any other Act; or
c: pursuant to an order, or to a custom of the Service that pertains to the office or appointment.
3: For the purposes of this Act, unless the context otherwise requires, a member of the Armed Forces is released from the component of the Service in which that member is serving when—
a: that member, or that component or the part of that component in which that member is serving, is transferred to another component of that Service; or
b: in the case of an officer only, that member is placed on the Retired List of that Service.
4: For the purposes of this Act, unless the context otherwise requires, a member of any component of a Service is discharged from the Service when, otherwise than by release, that member leaves that component in accordance with Defence Force Orders.
5: An Order in Council under paragraph (c) of the definition of defence area in subsection (1) is secondary legislation ( see Part 3 1971 No 52 s 2; 1980 No 40 s 2; 1985 No 198 s 2; 1988 No 88 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Civil Staff amended 28 July 1997 section 3(2)﻿(a) Defence Amendment Act 1997 Section 2(1) defence area amended 28 July 1997 section 2(1) Defence Amendment Act 1997 Section 2(1) defence area amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) intellectual property inserted 28 July 1997 section 2(2) Defence Amendment Act 1997 Section 2(1) New Zealand force inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) relative rank inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) ship amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Act to bind the Crown
This Act shall bind the Crown.
4: Application of Act
1: Except as otherwise provided in this Act, either specifically or by necessary implication, this Act shall, in addition to applying to New Zealand, apply to all naval ships and defence areas outside New Zealand.
2: Except as otherwise provided in this Act, either specifically or by necessary implication, this Act shall, in addition to applying to all persons for the time being within New Zealand, apply to all New Zealand citizens and persons ordinarily resident in New Zealand who are for the time being outside New Zealand, and to all members of the Armed Forces for the time being outside New Zealand notwithstanding that they may not be New Zealand citizens or ordinarily resident in New Zealand. 1971 No 52 s 3
1: Constitutional position of armed forces
5: Power to raise armed forces
The Governor-General may from time to time, in the name and on behalf of the Sovereign, continue to raise and maintain armed forces, either in New Zealand or elsewhere, for the following purposes:
a: the defence of New Zealand, and of any area for the defence of which New Zealand is responsible under any Act:
b: the protection of the interests of New Zealand, whether in New Zealand or elsewhere:
c: the contribution of forces under collective security treaties, agreements, or arrangements:
d: the contribution of forces to, or for any of the purposes of, the United Nations, or in association with other organisations or States and in accordance with the principles of the Charter of the United Nations:
e: the provision of assistance to the civil power either in New Zealand or elsewhere in time of emergency:
f: the provision of any public service. 1971 No 52 s 4(1), (2); 1976 No 122 s 3(8)
6: Further powers of Governor-General
1: The Governor-General, by virtue of being Commander-in-Chief of New Zealand, shall have such powers and may exercise and discharge such duties and obligations relating to any armed forces raised and maintained under section 5
2: Nothing in this section or in section 5 1971 No 52 s 4(3), (4); 1976 No 122 s 3(8)
7: Power of Minister of Defence
For the purposes of the general responsibility of the Minister in relation to the defence of New Zealand, the Minister shall have the power of control of the New Zealand Defence Force, which shall be exercised through the Chief of Defence Force.
8: Chief of Defence Force
1: The Governor-General in Council may from time to time appoint an officer of the Armed Forces to be the Chief of Defence Force.
2: The Chief of Defence Force shall hold such rank as the Governor-General in Council may determine.
3: The Chief of Defence Force shall—
a: command the Navy through the Chief of Navy, the Army through the Chief of Army, and the Air Force through the Chief of Air Force: and
b: command any joint force either directly through the joint force commander or through the Chief of any Service Section 8(3)﻿(a) substituted 17 May 2005 section 3 Defence Amendment Act 2005 Section 8(3)﻿(b) amended 20 September 2007 section 4 Defence Amendment Act 2007
9: Use of Armed Forces to provide public service or assist civil power
1: Subject to the succeeding provisions of this section, the Armed Forces may be used in New Zealand or elsewhere—
a: to perform any public service; or
b: to provide assistance to the civil power in time of emergency.
2: No part of the Armed Forces shall be used to provide any public service in connection with an industrial dispute except in accordance with the written authority of the Minister, and that authority shall specify the part or parts of the Armed Forces that may be used and the public service or public services that may be provided.
3: No part of the Armed Forces shall be used to provide assistance to the civil power in the circumstances described in paragraphs (a) and (b) of subsection (4) except in accordance with an authority given by the Prime Minister or another Minister under that subsection.
4: Where the Prime Minister or, if the Prime Minister is unavailable, the next most senior Minister available is satisfied, on information supplied by the Commissioner of Police or a Deputy Commissioner of Police,—
a: either—
i: that there is in New Zealand an emergency in which one or more persons are threatening to kill or seriously injure, or are causing or attempting to cause the death of or serious injury to, any other person, or are causing or attempting to cause the destruction of or serious damage to any property; or
ii: that such an emergency is imminent; and
b: that the emergency cannot be dealt with by the Police without the assistance of members of the Armed Forces exercising powers that are available to constables the Prime Minister or the other Minister may authorise any part of the Armed Forces so to assist the Police in dealing with the emergency.
5: Every part of the Armed Forces that is assisting the Police in accordance with an authority given under subsection (4) shall act at the request of the constable
6: Every member of any such part of the Armed Forces—
a: may, for any purpose necessary to assist the Police in dealing with the emergency, exercise any power of a constable
b: shall, for the purposes of civil and criminal liability, have the protections of a constable
7: The Minister of Defence or the Prime Minister or other Minister granting any authority under subsection (2) or subsection (4) shall inform the House of Representatives, forthwith if the House is then sitting or at the earliest practicable time if it is not, that the authority has been given and of the reasons for giving it, and, if the authority was given in writing, shall lay a copy of it before the House.
8: Any authority given under subsection (2) or subsection (4) shall lapse on the expiration of 14 days after the day on which it was given unless—
a: the House of Representatives passes a resolution extending the authority for such period as is specified in the resolution; or
b: if Parliament was dissolved or had expired before or after 1971 No 52 ss 79, 79A; 1987 No 180 s 2 Section 9(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(6)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(6)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(8)﻿(b) amended 15 November 2000 section 3 Defence Amendment Act 2000
10: Powers of requisition
1: Where the Minister is satisfied—
a: that there is an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces; and
b: that it is necessary to requisition—
i: any ship, vehicle, aircraft, supplies, or equipment for the use of the Armed Forces in connection with the emergency; or
ii: any land, building, or installation required to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces in connection with that emergency,— the Minister may authorise the Chief of Defence Force to exercise the powers conferred by subsection (2) in respect of any specified property or type of property referred to in that subsection.
2: The Chief of Defence Force may, where so authorised by the Minister under subsection (1), requisition—
a: any ship, vehicle, aircraft, supplies, or equipment necessary for the use of the Armed Forces; or
b: any land, building, or installation necessary to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces— in connection with an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces.
3: Subject to subsection (4), in exercising the powers conferred by subsection (2), the Chief of Defence Force shall give to the owner or person in control of the requisitioned property a written statement specifying the property and requiring it to be placed forthwith under the control of a member of the Defence Force.
4: Where the owner or other person in control of the requisitioned property cannot be found immediately, the Chief of Defence Force—
a: may direct that a member of the Defence Force shall assume forthwith the control of the property; and
b: shall, on giving any such direction, ensure that as soon as is reasonably practicable, a written statement specifying the requisitioned property is given to the owner or person formerly in control of the property.
5: Where any requisitioned property has come under the control of any part of the Defence Force under this section, there shall be payable, out of money appropriated by Parliament, to any person having an interest in the property, just compensation for its use, including any loss, injury, or damage suffered by that person and arising out of that control.
6: Any court of competent jurisdiction may determine any dispute about the liability of the Crown to pay any compensation under this section, or the amount of any such compensation, or the entitlement of any person to all or part of any compensation payable.
2: The New Zealand Defence Force
11: Constitution of Defence Force
1: There is hereby constituted the New Zealand Defence Force, which shall comprise—
a: the Armed Forces of New Zealand, being the armed forces raised and maintained under section 5
b: the Civil Staff, being the persons appointed under section 61A
2: The armed forces raised and maintained under section 5
a: the New Zealand Naval Forces; and
b: the New Zealand Army; and
c: the Royal New Zealand Air Force.
3: The New Zealand Naval Forces shall consist of the following:
a: the Royal New Zealand Navy:
b: the Royal New Zealand Naval Reserve:
c: the Royal New Zealand Naval Volunteer Reserve:
d: the Naval Reserves:
e: such additional naval forces as may be raised by the Governor-General in time of war or other like emergency.
4: The New Zealand Army shall consist of the following:
a: the Regular Force of the New Zealand Army:
b: the Territorial Force of the New Zealand Army:
c: the Army Reserve:
d: such additional army forces as may be raised by the Governor-General in time of war or other like emergency.
5: The Royal New Zealand Air Force shall consist of the following:
a: the Regular Air Force:
b: the Territorial Air Force:
c: the Air Force Reserve:
d: such additional air forces as may be raised by the Governor-General in time of war or other like emergency.
6: The New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force may each be divided into such branches or corps, formations, commands, units, and other parts as the Chief of Defence Force determines from time to time. 1971 No 52 s 5; 1988 No 88 s 3(1) Section 11(1)﻿(b) amended 28 July 1997 section 3(2)﻿(b) Defence Amendment Act 1997
12: Joint forces
1: The Chief of Defence Force may from time to time establish a joint force comprising members of 2 or more Services, and—
a: appoint an officer of one of the Services to command that force; or
b: place that force under the command of the Chief of any Service
2: Where a joint force is established under this section, this Act and the Armed Forces Discipline Act 1971
a: anything required or authorised by or under this Act or the Armed Forces Discipline Act 1971 Chief of the Service Chief of Service Chief of Service
b: such other necessary modifications as may be prescribed. 1971 No 52 s 5A; 1988 No 88 s 3(1) Section 12(1)﻿(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 12(2)﻿(a) amended 20 September 2007 section 4 Defence Amendment Act 2007
13: Members of regular forces
1: The regular forces of the Armed Forces shall, subject to Part 4
2: The maximum numbers of officers, ratings, soldiers, and airmen in the regular forces shall be such as the Minister authorises from time to time. 1971 No 52 s 6; 1988 No 88 s 3(2)
14: Members of Civil Staff
Section 14 repealed 28 July 1997 section 3(1) Defence Amendment Act 1997
15: Members of territorial forces
1: The territorial forces of the Armed Forces shall, subject to Part 4
2: The maximum number of officers, ratings, soldiers, and airmen in the territorial forces shall be such as the Minister authorises from time to time. 1971 No 52 s 7; 1988 No 88 s 3(2)
16: Members of reserve forces
The reserve forces of the Armed Forces shall, subject to Part 4 1971 No 52 s 8; 1988 No 88 s 3(2)
17: Relative ranks
1: For the purpose of this Act and the Armed Forces Discipline Act 1971
2: Any order made for the purposes of subsection (1) may prescribe the relationship that is to be regarded as existing between relative ranks for the purposes of this Act and the Armed Forces Discipline Act 1971 Section 17 substituted 1 July 2004 section 26 Visiting Forces Act 2004
18: Attachment of members of one Service to another Service
A member of the Armed Forces belonging to one Service may be attached to either of the other 2 Services, subject to such conditions as may be prescribed. 1971 No 52 s 10
19: Circumstances in which members of one Service are deemed attached to another Service
1: Except when provided in orders issued by or under the authority of the Chief of Defence Force, an officer or soldier of the Army or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971
a: when he or she is serving in any naval ship or naval establishment; or
b: when he or she is lawfully ordered to serve in any naval ship or naval establishment; or
c: when he or she is serving in a joint service organisation that is primarily a naval responsibility; or
d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily a naval responsibility, or when he or she is a patient in any hospital, hospital ship, or medical establishment that is such a joint service organisation; or
e: when he or she is a patient in a naval hospital ship or other naval medical establishment; or
f: when he or she is in transit in any naval establishment or other establishment administered by the Navy; or
g: when he or she is serving a sentence of imprisonment or detention in a naval detention quarter.
2: When any order is given under paragraph (b) or paragraph (d) of subsection (1), the officer, soldier, or airman to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order.
3: Except as provided in orders issued by or under the authority of the Chief of Defence Force, an officer or rating of the Navy or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971
a: when he or she is serving in a unit or formation of the Army; or
b: when he or she is lawfully ordered to serve in a unit or formation of the Army; or
c: when he or she is serving in a joint service organisation that is primarily an army responsibility; or
d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily an army responsibility, or when he or she is a patient in a hospital, hospital ship, or medical establishment that is such a joint service organisation; or
e: when he or she is a patient in an army hospital, hospital ship, or other army medical establishment; or
f: when he or she is in transit at a transit camp or other establishment administered by the Army; or
g: when he or she is serving a sentence of imprisonment or detention in an army detention quarter.
4: When any order is given under paragraph (b) or paragraph (d) of subsection (3), the officer, rating, or airman to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order.
5: Except as provided in orders issued by or under the authority of the Chief of Defence Force, an officer or rating of the Navy or an officer or soldier of the Army shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971
a: when he or she is serving in a unit or formation of the Air Force; or
b: when he or she is lawfully ordered to serve in a unit or formation of the Air Force; or
c: when he or she is serving in a joint service organisation that is primarily an air force responsibility; or
d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily an air force responsibility, or when he or she is a patient in a hospital, hospital ship, or medical establishment that is such a joint service organisation; or
e: when he or she is a patient in an air force hospital, hospital ship, or other air force medical establishment; or
f: when he or she is in transit at a transit camp, staging post, or other establishment administered by the Air Force; or
g: when he or she is serving a sentence of imprisonment or detention in an air force detention quarter.
6: When any order is given under paragraph (b) or paragraph (d) of subsection (5), the officer, rating, or soldier to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order. 1971 No 52 s 11
20: Modification of Acts for members of one Service attached or deemed attached to another Service
Where a member of one Service is attached by virtue of section 18 section 19 Armed Forces Discipline Act 1971
a: anything required or authorised by this Act or the Armed Forces Discipline Act 1971 Chief of the Service Chief of the Service
b: any member shall, in the Service to which that member is attached, have the same powers and be treated as if he or she were a member of that Service holding an equivalent rank:
c: such other necessary modifications as may be prescribed. 1971 No 52 s 12 Section 20(a) amended 20 September 2007 section 4 Defence Amendment Act 2007
21: Transfer of members of one Service to another Service
A member of one Service may, with that member’s written consent, be transferred from that Service to either of the other 2 Services, subject to such conditions as may be prescribed. 1971 No 52 s 14
22: Transfer for employment with other forces
1: Without prejudice to the provisions of section 23
2: A transfer ordered under subsection (1) may be for such period and subject to such conditions as may be arranged between the New Zealand authority and the appropriate authority of the armed forces of the other country or the United Nations or the other organisation or association of States, as the case may be.
3: A member of the Armed Forces transferred for employment under subsection (1) remains subject to this Act and to the Armed Forces Discipline Act 1971
4: The power conferred by subsection (1) shall be exercised only in respect of—
a: members of the regular forces; and
b: members of the territorial or reserve forces who are for the time being—
i: liable for continuous service pursuant to a Proclamation issued under section 39 section 40
ii: liable to serve outside New Zealand pursuant to an offer under section 50
5: Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces shall not be dealt with under subsection (4)﻿(b)﻿(ii) without that member’s consent. 1971 No 52 s 15; 1985 No 198 s 3 Section 22(1) amended 1 July 2004 section 26 Visiting Forces Act 2004 Section 22(3) substituted 1 July 2004 section 26 Visiting Forces Act 2004
23: Attachment of members of New Zealand Armed Forces to other armed forces
1: The Chief of Defence Force may place a specified member, or a specified class of members, of the Armed Forces at the disposal of the service authorities of another State for the purpose of being attached by those authorities to the armed forces of that State.
2: The power conferred on the Chief of Defence Force by subsection (1) may be exercised only in respect of—
a: members of the regular forces; and
b: members of the territorial or reserve forces who are for the time being—
i: liable for continuous service under a Proclamation issued under section 39 section 40
ii: liable to serve outside New Zealand under an offer under section 50
3: Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces may not be dealt with under subsection (2)﻿(b)﻿(ii) without that member’s consent.
4: A member of the Armed Forces attached to the armed forces of another State under subsection (1) remains subject to this Act and the Armed Forces Discipline Act 1971 Section 23 substituted 1 July 2004 section 26 Visiting Forces Act 2004
23A: Attachment of members of other armed forces to New Zealand Armed Forces
1: The Chief of Defence Force may attach to any of the Services a specified member, or a specified class of members, of the armed forces of another State if that member or class of members is placed at the disposal of the Chief of Defence Force for the purpose of being attached to a Service.
2: If a member of the armed forces of another State is attached to a Service under subsection (1), the member—
a: has, in the Service to which he or she has been attached, the same powers under this Act and the Armed Forces Discipline Act 1971
b: must be treated for the purposes of this Act and the Armed Forces Discipline Act 1971
3: Subsection (2) applies subject to such other exemptions or modifications as may be prescribed. Section 23A inserted 1 July 2004 section 26 Visiting Forces Act 2004
23B: Mutual powers of command when forces acting together
1: When a New Zealand force and a force of another State are serving together, whether alone or not, members of the other force—
a: must be treated as if they were members of the Armed Forces of a relative rank; and
b: have over members of the New Zealand force the powers of command of a member of the Armed Forces of a relative rank.
2: For the purpose of subsection (1), a New Zealand force and a force of another State are serving together only if they are declared to be so serving together by order of the Chief of Defence Force. Section 23B inserted 1 July 2004 section 26 Visiting Forces Act 2004
3: Secretary of Defence, Chief of Defence Force, and
Chiefs of Service Part 3 heading amended 20 September 2007 section 4 Defence Amendment Act 2007
24: Secretary of Defence
1: The chief executive of the Ministry of Defence shall be known as the Secretary of Defence.
2: In addition to the functions imposed on the Secretary of Defence by or under this Act or the Public Service Act 2020
a: to be the principal civilian adviser to the Minister and other Ministers:
b: to formulate advice, in consultation with the Chief of Defence Force, on defence policy:
c: to prepare, in consultation with the Chief of Defence Force, and submit to the Minister from time to time a defence assessment, including a review of different options capable of achieving the Government’s policy goals:
d: to procure, replace, or repair ships, vehicles, aircraft, and equipment used or intended for use by the Defence Force, where that procurement, replacement, or repair has major significance to military capability; and to deliver or return such ships, vehicles, aircraft, and equipment to the Defence Force:
e: to arrange for the assessment and audit of the Defence Force in relation to any function, duty, or project, and of the Ministry of Defence in relation to any function described in paragraph (d), as and when required by the Minister, or in accordance with a programme of audit and assessment approved by the Minister, and in accordance with the following provisions:
i: the findings of the audit and assessment shall be set out in a report in the name of the person in charge of the audit and assessment, and that person shall give the report to the Secretary of Defence for submission to the Minister:
ii: on giving the report to the Secretary of Defence, the person in charge of the audit and assessment shall give a copy of the report to the Chief of Defence Force:
iii: if the Secretary of Defence disagrees with any of the contents of the report, the Secretary shall advise the Minister of the particulars with which the Secretary disagrees:
iv: the Chief of Defence Force
3: The Secretary shall have all such other powers as may be reasonably necessary to enable the Secretary to perform the functions and duties imposed on the Secretary by or under this Act or any other enactment.
4: Without limiting the generality of subsection (3), in the performance of any such function or duty the Secretary may, in the name and on behalf of the Crown,—
a: enter into any contract, agreement, or arrangement with any other person; and
b: purchase, take on lease, dispose of, or trade in any goods, services, or assets (whether tangible or intangible), including land, buildings, equipment, facilities, stores, operating supplies, investments, and ownership of any part of a body corporate; and
c: sell or otherwise dispose of, or grant any lease or licence of, or easement over, any land or interest in land under the control of the Ministry of Defence. 1971 No 52 s 25; 1985 No 198 s 4; 1988 No 20 s 90(d) Section 24(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 24(2)﻿(e)﻿(iv) amended 28 July 1997 section 4 Defence Amendment Act 1997
25: Chief of Defence Force
1: In addition to the functions imposed on the Chief of Defence Force by or under this Act or any other enactment, the Chief of Defence Force shall—
a: be the principal military adviser to the Minister and other Ministers; and
b: be responsible to the Minister for—
i: the carrying out of the functions and duties of the Defence Force (including those imposed by any enactment or by the policies of the Government); and
ii: the general conduct of the Defence Force; and
iii: the efficient, effective, and economical management of the activities and resources of the Defence Force ; and
c: be responsible to the appropriate Minister for—
i: the carrying out of those functions and duties of the Defence Force (including those imposed by any enactment or by the policies of the Government) that relate to that Minister’s portfolio; and
ii: the tendering of advice to that Minister on any matter relating to that Minister’s portfolio.
2: The Minister shall give to the Chief of Defence Force written terms of reference (not being inconsistent with any of the provisions of this Act) setting out the terms and conditions of appointment as Chief of Defence Force, the duties and obligations of that appointment, and the manner in which the Government expects those duties and obligations to be carried out; and it shall be the duty of the Chief of Defence Force to perform the functions and to exercise the powers of the Chief of Defence Force in accordance with those terms of reference.
3: In the exercise of command, or in the exercise of the functions imposed on the Chief of Defence Force, the Chief of Defence Force may from time to time make such representations as the Chief of Defence Force considers necessary to the Minister or, if the Chief of Defence Force considers the circumstances to be exceptional, to the Prime Minister.
4: The Chief of Defence Force shall have all such other powers as may be reasonably necessary to enable the Chief of Defence Force to perform the functions and duties imposed on the Chief of Defence Force by or under this Act or any other enactment.
5: Without limiting the generality of subsection (4), in the performance of any such function or duty the Chief of Defence Force may, in the name and on behalf of the Crown,—
a: enter into any contract, agreement, or arrangement with any other person; and
b: purchase, take on lease, dispose of, or trade in any goods, services, or assets (whether tangible or intangible), including land, buildings, equipment, facilities, stores, operating supplies, investments, and ownership of any part of any body corporate; and
c: sell or otherwise dispose of, or grant any lease, licence, or easement over, any land or interest in land under the control of the Defence Force. 1971 No 52 s 24; 1988 No 88 s 6 Section 25(1)﻿(b)﻿(iii) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 25(1)﻿(c) added 1 July 1999 section 8 Veterans’ Affairs Act 1999
26: Chief of Defence Force may be relieved of particular responsibilities in time of war or other like emergency
1: In time of war or other like emergency or in the event of any actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Minister of Defence may, at the request of the Chief of Defence Force, relieve the Chief of Defence Force of responsibility for any particular function imposed on the Chief of Defence Force by or under this Act or any other enactment, if the Minister is satisfied that it is necessary or desirable to do so to enable the Chief of Defence Force to perform the principal functions of the Chief of Defence Force in relation to the war or other like emergency or to the actual or imminent emergency, as the case may require.
2: Where under subsection (1) the Minister relieves the Chief of Defence Force of responsibility for any function, the Minister shall impose that responsibility on some other member of the Defence Force; and that officer shall be and remain responsible to the Minister for the performance of that function until relieved of that responsibility by the Minister.
27: Defence Force Orders
1: In performing the functions and duties and exercising the powers of the Chief of Defence Force, the Chief of Defence Force may from time to time, for the purposes of this Act, issue Armed Forces Discipline Act 1971
2: Any officer or person duly authorised by the Chief of Defence Force, either by name or appointment, may issue
3: The production of a document that purports to be a copy of a Defence Force Order and that includes a copy of the signature of the Chief of Defence Force, or of any officer or other person duly authorised by the Chief of Defence Force to sign such copies, shall, in the absence of proof to the contrary, be sufficient evidence of the order in all courts and proceedings and for all other purposes.
4: Subject to subsection (5), every order issued under this section shall come into force on such date as may be specified in the order, being the date of the order or any other date after the date on which it was issued.
5: Any order issued under this section relating to terms and conditions of service of members of the Armed Forces and conferring benefits on any such members may have effect from a date before the date of the issue of the order. 1971 No 32 s 28 Section 27(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
27A: Application of Legislation Act 2019 to Defence Force Orders
1: A Defence Force Order under section 27 see Part 3
2: A Defence Force Order that is secondary legislation commences in accordance with section 27(4) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in this section. Legislation Act 2019 requirements for secondary legislation referred to in this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27A inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Chiefs of Service
1: The Governor-General in Council may from time to time appoint any officer of the Royal New Zealand Navy to be Chief of Navy
a: under the Chief of Defence Force, command the Navy; and
b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Navy; and
c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Navy.
2: The Governor-General in Council may from time to time appoint an officer of the Army to be Chief of Army
a: under the Chief of Defence Force, command the Army; and
b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Army; and
c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Army.
3: The Governor-General in Council may from time to time appoint an officer of the Air Force to be Chief of Air Force
a: under the Chief of Defence Force, command the Air Force; and
b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Air Force; and
c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Air Force.
4: Where the Chief of Defence Force places a joint force under the command of a Chief of Service section 12(1)﻿(b) Chief of Service Chief of Service Chief of Service
5: The Chief of Defence Force shall give to each Chief of Service Chief of Navy or Chief of Army or Chief of Air Force Chief of Service
6: In the exercise of command, and in the exercise of the functions imposed by or under this Act or any other enactment, each Chief of Service Chief of Service 1971 No 52 s 27; 1988 No 88 s 8 Section 28 heading substituted 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(1) amended 17 May 2005 section 4(1) Defence Amendment Act 2005 Section 28(2) amended 17 May 2005 section 4(2) Defence Amendment Act 2005 Section 28(3) amended 17 May 2005 section 4(3) Defence Amendment Act 2005 Section 28(4) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(5) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(5) amended 17 May 2005 section 4(4) Defence Amendment Act 2005 Section 28(6) amended 20 September 2007 section 4 Defence Amendment Act 2007
29: Chiefs of Service Committee
1: There shall continue to be a committee known as the Chiefs of Service Committee
a: the Chief of Defence Force:
b: the Chief of Navy:
c: the Chief of Army:
d: the Chief of Air Force.
2: The Committee shall have such functions, duties, and powers, not inconsistent with this Act, as the Chief of Defence Force may determine.
3: The Chief of Defence Force shall be the convener of the committee, and shall preside at its meetings. In the absence of the Chief of Defence Force from any meeting of the committee, the Chief of Defence Force shall appoint one of the permanent members to preside at the meeting.
4: The committee may from time to time appoint any officer of the Armed Forces or any other person employed in the service of the Crown to be an associate member of the committee. Any such appointment may at any time be revoked by resolution of the permanent members of the committee.
5: An associate member of the committee shall, subject to subsection (4), be entitled to participate in the proceedings of the committee in like manner as if he or she were a permanent member.
6: Where a meeting of the Chiefs of Service Committee Chief of Service
7: Subject to the provisions of this Act, the committee may regulate its procedure in such manner as it thinks fit. 1971 No 52 s 31 Section 29 heading substituted 20 September 2007 section 4 Defence Amendment Act 2007 Section 29(1) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 29(1)﻿(b) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(1)﻿(c) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(1)﻿(d) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(6) amended 20 September 2007 section 4 Defence Amendment Act 2007
30: Delegation of functions, duties, and powers
1: The Minister may, from time to time, by writing under the Minister’s hand, either generally or particularly, delegate to the Chief of Defence Force any of the Minister’s functions, duties, or powers, including functions, duties, or powers delegated to the Minister under this Act or any other enactment.
2: The Chief of Defence Force may, from time to time, by writing under his or her hand, either generally or particularly, delegate to any member of the Defence Force, any of the functions, duties, and powers of the Chief of Defence Force, including any functions, duties, and powers delegated to the Chief of Defence Force by the Minister.
3: Any Chief of Service Chief of Service Chief of Service
4: Notwithstanding any of the preceding provisions of this section, no function, duty, or power delegated to any person under this section shall be subdelegated by that person if such subdelegation was prohibited by the delegating authority.
5: A delegation under this section may be made to a person referred to by name, or to the holder of a specified appointment, or to members of a specified class.
6: Subject to any general or special directions given or conditions attached by the delegating authority, the person to whom any functions, duties, or powers have been delegated may exercise those functions, duties, or powers in the same manner and to the same extent as if they had been directly conferred on that person by this Act and not by delegation.
7: Any such delegation may at any time be revoked in whole or in part by the delegating authority, but no such revocation shall affect anything done under the delegation.
8: No delegation under this section shall prevent the exercise by the delegating authority of the delegating authority’s functions, duties, or powers.
9: The fact that a person purports to exercise any function, duty, or power pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be sufficient evidence that the person is acting within the scope of the authority conferred by the delegation.
10: Nothing in this section applies to functions, duties, or powers of command. 1971 No 52 s 29; 1974 No 24 s 2 Section 30(3) amended 20 September 2007 section 4 Defence Amendment Act 2007
31: Consultation between Secretary of Defence and Chief of Defence Force
1: The Secretary of Defence and the Chief of Defence Force shall consult with each other on any advice on any major matters of defence policy that is to be given by the Secretary or the Chief of Defence Force to the Minister or other Ministers.
2: The Minister may from time to time require the Secretary of Defence and the Chief of Defence Force to consult formally with each other on any advice that is to be, or could be, or has been given by the Secretary or the Chief of Defence Force to the Minister.
3: The Secretary or the Chief of Defence Force may recommend to the Minister that the Minister should issue a requirement to consult under subsection (2), and the Minister shall inform the Secretary and Chief of Defence Force in writing of the Minister’s decision on the recommendation.
4: No requirement to consult under this section shall affect any duty, obligation, or power of the Secretary or the Chief of Defence Force, or the responsibility of the Secretary or the Chief of Defence Force for the performance of any duty or obligation or the exercise of any power. 1971 No 52 s 32
4: Terms and conditions of service in the armed forces
Appointments and enlistments
32: Appointment, promotion, and discharge of officers
1: Subject to the provisions of this Act, the Governor-General may from time to time—
a: appoint officers to a service of the Armed Forces:
b: in the name and on behalf of the Sovereign, issue commissions under the Seal of New Zealand to officers of the Armed Forces:
c: promote officers to a higher rank:
d: release an officer or discharge an officer or cancel or vary an officer’s commission or vary an officer’s appointment.
1A: The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force any of the Governor-General’s powers specified in paragraphs (a), (c), and (d) of subsection (1); and section 30(4) to (9)
2: The Chief of Defence Force shall cause notice of all appointments, commissions, and other acts done under this section to be promulgated by Defence Force Orders 1971 No 52 s 35 Section 32(1)﻿(d) substituted 28 July 1997 section 5(1) Defence Amendment Act 1997 Section 32(1A) inserted 28 July 1997 section 5(2) Defence Amendment Act 1997 Section 32(3) amended 28 July 1997 section 5(3) Defence Amendment Act 1997
33: Appointment, enlistment, and engagement
1: No person who is under 17 years may be appointed to, or enlisted or engaged in, the Navy, the Army, or the Air Force.
2: Subject to subsection (1), section 36
a: a New Zealand citizen or a citizen of any other Commonwealth country:
b: any other person with the prior consent of the Chief of Defence Force. Section 33 substituted 27 September 2001 section 3 Defence Amendment Act 2001
33A: Age requirements
Nothing in section 22 Section 33A inserted 1 February 1994 section 145 Human Rights Act 1993
34: Oath of allegiance
Every person who is appointed to, or is enlisted or engaged in, the Navy, the Army, or the Air Force shall take and subscribe before a commissioned officer, or such other person as may be prescribed, an oath of allegiance to the Sovereign in such form as may be prescribed from time to time. 1971 No 52 s 37
35: Effect of oath of allegiance
An oath of allegiance shall bind the person subscribing it to serve in the Service to which that person is appointed, or in which that person is engaged or enlisted, in accordance with the tenor of the oath until that person is discharged from the Service. 1971 No 52 s 38 Provisions relating to minors
36: Enlistment of minors
1: Subject to section 46 or in a civil union
2: Subject to subsection (3), any such objection may be made—
a: by a parent of the minor; or
b: by any testamentary or court-appointed guardian of the minor; or
c: by a court, if the minor is for the time being under the guardianship of that court under the Care of Children Act 2004
3: No such objection may be made by any parent or guardian who is for the time being under a disability.
4: Subject to section 46 or in a civil union
a: a consent in writing obtained—
i: if both parents of the minor are alive, are guardians of the minor, and are not under a disability, from one of those parents; or
ii: if both parents of the minor are alive, but only one of them is a guardian of the minor and is not under a disability and the minor has no other legal guardian, from that parent; or
iii: if only one of the parents of the minor is alive (being a parent who is a guardian of the minor and not under a disability) and the minor does not have any other legal guardian, from the surviving parent; or
iv: if both parents of the minor are alive but are under a disability, or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has one or more testamentary or court-appointed guardians, from that guardian or one of those guardians, as the case may be; or
v: if one of the parents of the minor is alive, and is a guardian of the minor and not under a disability, and the minor also has a testamentary or court-appointed guardian, from either the parent or the guardian; or
vi: if both parents of the minor are alive but are under a disability or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has no testamentary or court-appointed guardian, from a District Court Judge; or
vii: if the minor is for the time being placed under the guardianship of the court under the Care of Children Act 2004
b: a written acknowledgment by the person giving the consent that he or she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years.
5: An acknowledgment referred to in subsection (4)﻿(b) need not be given or signified separately from the written consent if the consent is given on a form that contains a conspicuous statement to the effect that the person enlisting will be liable for active service outside New Zealand at any time after attaining the relevant (specified) age.
6: If any such application is not accompanied by the required consent, it shall be accompanied by a statement of the reasons as to why consent has not or cannot be obtained.
7: The enlistment of any person pursuant to this section shall be binding on that person notwithstanding anything to the contrary in subpart 6
8: For the purposes of this section, a person shall be deemed to be under a disability if, by reason of his or her mental condition, that person is unable to understand the nature of any objection or, as the case may be, any consent made or given for the purposes of this section. 1971 No 52 s 39; 1973 No 25 s 17(4)﻿(a) Section 36(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 36(2)﻿(c) substituted 3 June 1998 Guardianship Amendment Act 1998 Section 36(2)﻿(c) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 36(4)﻿(a)﻿(vii) substituted 3 June 1998 Guardianship Amendment Act 1998 Section 36(4)﻿(a)﻿(vii) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4)﻿(b) substituted 27 September 2001 section 4 Defence Amendment Act 2001 Section 36(7) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
37: Liability of minors for active service
No person serving in the Armed Forces who is under 18 years is liable for active service. Section 37 substituted 27 September 2001 section 5 Defence Amendment Act 2001 Liability for and duration of service
38: Liability for and duration of service in regular forces
1: Subject to sections 36 37
2: Notwithstanding subsection (1),—
a: when the period of service of a member of the regular forces has been completed, that member shall be discharged or released from the regular forces without delay, but that member shall be liable to continue serving until that discharge or release is effected; and
b: in time of war or other like emergency, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the war or emergency, be entitled to be discharged or released shall be liable to continue to serve; and, on the making of any such Proclamation, those members shall be liable to continue to serve during the continuance of the state of war or emergency for such period as the Minister may determine; and
c: in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the emergency, be entitled to be discharged or released shall be liable to continue to serve for such period not exceeding 6 months as may be specified in the Proclamation; and on the making of any such Proclamation, those members shall be liable to continue to serve until the emergency has passed or until the period specified in the Proclamation has expired, whichever is the sooner. 1971 No 52 s 42; 1980 No 40 s 4
39: Liability for service in territorial forces
1: Subject to subsection (2), the terms and conditions of service in the territorial forces shall be such as may be prescribed from time to time.
2: In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002
3: In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, for such period not exceeding 3 months as may be specified in the Proclamation or until the emergency has sooner passed. 1971 No 52 s 43; 1973 No 25 s 17(4)﻿(c) Section 39(2) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
40: Liability for service in reserve forces
1: Subject to subsection (2), the terms and conditions of service and training in the reserve forces shall be such as may be prescribed from time to time.
2: In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002
3: In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, transfer the reserve forces, or any specified part of those forces, to the regular forces or the territorial forces for such period not exceeding 3 months as may be specified in the Proclamation; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, until the emergency has passed or the period specified in the Proclamation has expired, whichever is the sooner. Section 40(2) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
41: Further provisions relating to Proclamations
1: This section applies to every Proclamation made under section 38(2)﻿(c) section 39(3) section 40(3)
2: Every Proclamation to which this section applies shall have stated in it the reasons for its making.
3: The period specified in any Proclamation made under section 38(2)﻿(c)
4: The period specified in any Proclamation made under section 39(3) section 40(3)
5: On making any Proclamation to which this section applies, or any Proclamation under subsection (3) or subsection (4), the Governor-General shall inform the House of Representatives that the Proclamation has been made, and of the reasons for its making,—
a: forthwith, if the House of Representatives is then sitting; or
b: if the House of Representatives is not then sitting, at the earliest practicable opportunity.
42: Protection of employment when Proclamation made
Part 2
a: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) section 40(2)
iii: who was, at the time of the making of the Proclamation, employed by an employer:
b: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, is, as a consequence of a Proclamation made under section 39(3) section 40(3)
iii: who was, at the time of the making of the Proclamation, employed by an employer. Section 42 substituted 1 April 2004 section 4(1) Defence Amendment Act 2004
43: Discretion to waive or postpone requirement for continuous service
1: Notwithstanding section 38 section 39 section 40
2: A waiver or postponement under subsection (1) may be made on the application of the member or (in the case of a member of the territorial forces or of the reserve forces) the member’s employer.
3: Where the member is to be part of a deployment of the Armed Forces outside New Zealand, an application for a waiver or postponement under this section shall be made not less than 7 days before the date on which the member is due to leave New Zealand as part of that deployment. 1971 No 52 s 44; 1983 No 46 s 83
44: Active service
1: For the purposes of this Act, any part of the Armed Forces is on active service when—
a: there is for the time being in force an active service order posting it for active service; or
b: it is engaged in any operation against the enemy; or
c: it is in armed occupation of any foreign country.
2: For the purposes of this Act, every member of the Armed Forces is on active service when—
a: there is for the time being in force an active service order posting that member for active service; or
b: the part of the Armed Forces with which that member is serving or which that member is visiting is on active service.
3: No person or part of the Armed Forces that is for the time being on active service shall cease to be on active service until the issue of an active service order to that effect. 1971 No 52 s 45; 1985 No 198 s 6 Pay and allowances, etc
45: Conditions of service in Armed Forces
1: Except as otherwise provided in this section, the conditions of service of members of the Armed Forces shall be prescribed
2: In prescribing
a: the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and
b: the need to be fair both—
i: to the persons or group of persons whose remuneration is being determined; and
ii: to the taxpayer; and
c: the need to recruit and retain competent persons.
3: The Chief of Defence Force shall consult with the Public Service Commission prescribing Public Service Commission prescribing prescribing Public Service Commission
4: The remuneration of members holding the positions of—
a: Chief of Defence Force; or
b: the Chief of Navy; or
c: the Chief of Army; or
d: the Chief of Air Force,— shall be determined from time to time by the Remuneration Authority
5: Nothing in the Employment Relations Act 2000
5A: Nothing in the Fair Pay Agreements Act 2022
6: Nothing in this section affects any conditions of service in force in respect of members of the Armed Forces immediately before 1 April 1988. 1971 No 52 s 46; 1988 No 30 s 2 Section 45(1) amended 28 July 1997 section 7(a) Defence Amendment Act 1997 Section 45(2) amended 28 July 1997 section 7(b) Defence Amendment Act 1997 Section 45(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 45(3) amended 28 July 1997 section 7(b) Defence Amendment Act 1997 Section 45(4) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 45(4)﻿(b) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(4)﻿(c) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(4)﻿(d) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(5) substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 45(5A) inserted 1 December 2022 section 285 Fair Pay Agreements Act 2022
46: Regulations fixing certain terms and conditions of service
Without limiting the power to make regulations under section 101 Government Superannuation Fund Act 1956 Veterans' Support Act 2014
a: the making of grants in the amounts and circumstances prescribed by the regulations to—
i: discharged or retired members of the Armed Forces; or
ii: dependants of members of the Armed Forces; or
iii: dependants of deceased, discharged, or retired members of the Armed Forces; or
iv: the executors or administrators of the estates of deceased members of the Armed Forces (whether or not probate or letters of administration have been granted):
b: the continuance or withholding of pay and allowances of members of the Armed Forces who are absent from duty without leave, in desertion, posted missing, or captured by the enemy:
c: providing for the payment of expenses to persons (not being members of the regular forces) required to attend medical examinations or selection boards or required to act on any matter that concerns the Defence Force:
d: the payment of compensation for loss of or damage to service kit and personal effects:
e: providing for injuries suffered by members of the Armed Forces in authorised sports to be deemed to be attributable to service:
f: providing for the grant of travelling privileges or expenses, or both, to next of kin to visit the sick and wounded or to attend investitures:
g: providing for stoppages from the pay of a member of the Armed Forces—
i: to make good in whole or in part, damage to, or the loss or destruction of, any public or other property found after investigation to have been caused by that member in the course of or in connection with that member’s duties by wrongful act or negligence; or
ii: to make good loss found after investigation to have resulted from the unlawful retention of public or other money by that member in the course of or in connection with that member’s duties:
h: requiring, in cases where for a special purpose public money has been or is to be advanced to or expended on behalf of a member of the Armed Forces, for that member to enter into a bond or deed of covenant in such form as may be prescribed:
i: providing for funerals and burials of deceased members of the Armed Forces:
j: providing for the establishment of educational, training, and entertainment funds and such other funds as the Minister, with the concurrence of the Minister of Finance, may prescribe. 1971 No 52 s 47 Section 46 amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 46(a) substituted 22 October 2003 section 3 Defence Amendment Act 2003
47: Defence Force Orders fixing certain terms and conditions of service
Section 47 repealed 28 July 1997 section 8 Defence Amendment Act 1997
48: Determinations and regulations to be notified in Defence Force Orders
Section 48 repealed 28 July 1997 section 9 Defence Amendment Act 1997 Miscellaneous provisions relating to service
49: Redress of complaints
1: Except in respect of a matter that would properly be the subject of an appeal under the Court Martial Appeals Act 1953 Armed Forces Discipline Act 1971
2: If the complainant is not satisfied with the decision of the authority to whom the complaint was made, and that authority refuses or fails, when requested to do so, to forward the complaint to the next superior authority, the complainant shall be entitled to make a complaint direct to the next superior authority, and, in the case of any further refusal or failure, to the next superior authority, and so on as prescribed.
3: It is the duty of any authority receiving a complaint under this section to investigate it or have it investigated as soon as practicable and to take such steps for redressing the complaint as appear to that authority to be necessary. 1971 No 52 s 50 Section 49(1) amended 1 July 2009 section 4(1) Defence Amendment Act (No 2) 2007
50: Special service
1: Without limiting the provisions of sections 39(2) 40(2) sections 36 37
2: On any such offer being accepted, the member or other person shall be accordingly liable to serve whenever required, during the period to which the offer extends.
3: The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force the power that the Governor-General has, under subsection (1), to accept an offer of the kind described in that subsection.
4: Section 30(4) to (9) 1971 No 52 s 52 Section 50(3) added 1 April 2004 section 5 Defence Amendment Act 2004 Section 50(4) added 1 April 2004 section 5 Defence Amendment Act 2004
50A: Power to declare situation of national interest in relation to special service
The Governor-General may from time to time, by Order in Council published in the Gazette section 50 Volunteers Employment Protection Act 1973
a: who undertakes special service under section 50
b: whose obligation to undertake that service under section 50
c: who was, at the time of the making of the order, employed by an employer. Section 50A inserted 1 April 2004 section 6 Defence Amendment Act 2004
50B: Protection of employment when situation of national interest declared
Part 3
a: every employee—
i: who is a member of the territorial forces or the reserve forces or other person; and
ii: who undertakes special service under section 50
iii: whose obligation to undertake that service under section 50 section 50A
b: who was, at the beginning of the period specified in the order made under section 50A Section 50B inserted 1 April 2004 section 6 Defence Amendment Act 2004
51: Persons receiving pay but not properly attested
A person who, without having been properly attested, has accepted pay as a member of a component of the Armed Forces referred to in section 11(3) to (5)
a: is a member of that component until discharged; and
b: must be discharged without delay at any time before being properly attested, if he or she so requests. Section 51 substituted 22 October 2003 section 4 Defence Amendment Act 2003 Discharge or release from regular forces on notice
52: Members may give notice of intention to leave regular forces
1: Subject to section 38(2)﻿(b) sections 53 to 57
2: A notice given by a member of the regular forces for the purposes of this section shall be in writing, and the period of the notice shall commence to run on the day on which it is given to the officer in command of the member’s ship or unit.
3: A member who gives notice to terminate his or her service in the regular forces shall be deemed to have completed his or her service on—
a: the expiry of the notice; or
b: if the period of notice is less than 3 months, the expiry of the period of 3 months commencing with the day on which the notice is given,— or on such earlier date as the Chief of Defence Force may from time to time prescribe in Defence Force Orders 1971 No 52 s 54; 1980 No 40 s 5 Section 52(3) amended 28 July 1997 section 10 Defence Amendment Act 1997
53: Return of service obligation
Notwithstanding subsection (3) section 52 section 54 section 55 1971 No 52 s 54A; 1980 No 40 s 5 Section 53 amended 3 June 1998 section 2 Defence Amendment Act 1998
54: State of critical manning
1: For the purposes of this section, a specified class of members of the Armed Forces is in a state of critical manning if it is declared to be so by the Chief of Defence Force.
2: Notwithstanding subsection (3) section 52 section 53 section 55 1971 No 52 s 54B; 1980 No 40 s 5 Section 54(2) amended 3 June 1998 section 3 Defence Amendment Act 1998
55: Notice while serving overseas, etc
Notwithstanding subsection (3) section 52 section 53 section 54 1971 No 52 s 54C; 1980 No 40 s 5 Section 55 amended 3 June 1998 section 4 Defence Amendment Act 1998
56: Discretion to relax requirements
Notwithstanding sections 53 to 55 Chief of Service 1971 No 52 s 54D; 1980 No 40 s 5 Section 56 amended 20 September 2007 section 4 Defence Amendment Act 2007
57: Notice while subject to disciplinary proceedings, etc
1: For the purposes of this section,—
a: a member of the regular forces is facing disciplinary proceedings if any proceedings (including any proceedings on appeal or review or by way of confirmation) against the member are continuing or pending under the Armed Forces Discipline Act 1971
b: a member of the regular forces is serving a sentence of imprisonment or detention if the member is serving such a sentence imposed under the Armed Forces Discipline Act 1971
2: Notwithstanding subsection (3) section 52
a: while facing disciplinary proceedings, gives notice under that section; or
b: having given notice under that section, subsequently faces disciplinary proceedings,— that member’s period of service shall not be deemed to have been completed until the proceedings have been completed, and the member has served any sentence of imprisonment or detention imposed as a result of those proceedings.
3: Notwithstanding subsection (3) section 52 1971 No 52 s 54E; 1980 No 40 s 5; 1985 No 198 s 8 Section 57(2) amended 3 June 1998 section 5 Defence Amendment Act 1998 Section 57(3) amended 28 July 1997 section 11 Defence Amendment Act 1997 Discharge or release from services for incompatible behaviour Heading inserted 1 February 1994 section 145 Human Rights Act 1993
57A: Members may be discharged or released for incompatible behaviour
1: The Chief of Defence Force may institute the discharge or release of a member of the Services if the Chief of Defence Force has reasonable grounds for believing—
a: that the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within a Service or which tends to bring a Service into disrepute; and
b: that the discharge or release of the member is necessary—
i: to maintain good order and discipline; or
ii: to avoid prejudice to the reputation of that Service.
2: Subsection (1) applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind. Section 57A inserted 1 February 1994 section 145 Human Rights Act 1993 Unit funds, messes, etc
58: Unit and other non-public funds
1: For the purposes of this section, the term service authority
a: in relation to funds established pursuant to subsection (2), the Chief of Defence Force; or
b: in relation to funds established pursuant to subsection (3), the Chief of Navy
c: in relation to funds established pursuant to subsection (4), the Chief of Army
d: in relation to funds established pursuant to subsection (5), the Chief of Air Force
2: The Chief of Defence Force may from time to time establish, or authorise the establishment of, such funds under such names as the Chief of Defence Force thinks fit for—
a: the benefit of members of the Armed Forces or discharged members of the Armed Forces generally or of members of the Armed Forces or discharged members of the Armed Forces of 2 or more Services, or of the dependants of members of the Armed Forces or discharged or deceased members of the Armed Forces, or the benefit of visiting members of the Armed Forces; and
b: any other object of any kind that the Chief of Defence Force considers beneficial to the Armed Forces or to members of the Armed Forces.
3: The Chief of Navy the Chief of Navy
a: the benefit of any naval ship or naval establishment, or of members or discharged members of the Navy generally or members or discharged members of any part of the Navy, or of the dependants of any such members or discharged or deceased members; and
b: any other object of any kind that the Chief of Navy
4: The Chief of Army the Chief of Army
a: the benefit of any army camp or unit of the Army, or of members or discharged members of the Army generally or members or discharged members of any part of the Army, or of the dependants of any such members or discharged or deceased members; and
b: any other object of any kind that the Chief of Army
5: The Chief of Air Force the Chief of Air Force
a: the benefit of any Air Force base or unit of the Air Force, or of members or discharged members of the Air Force generally or members or discharged members of any part of the Air Force, or of the dependants of any such members or discharged or deceased members; and
b: any other object of any kind that the Chief of Air Force
6: Without limiting the provisions of subsections (2) to (5), money forming part of any fund established under this section may from time to time, with the prior consent of the appropriate service authority, be spent on the acquisition of any land (whether Crown land or otherwise) to be held for any of the objects of the fund. Notwithstanding anything in any enactment or rule of law, any land so acquired may be vested in and held in the name of Her Majesty the Queen for the purposes of this section.
7: Any land so acquired may, with the prior consent of the appropriate service authority, be disposed of for valuable consideration, and on any such disposal, the land shall cease to be subject to this section. The proceeds of any such disposition shall be held for the purposes of the fund from which the money for the acquisition of the land was expended.
8: All documents required to be executed for the purposes of subsection (6) or subsection (7) by or on behalf of the Crown may be executed by the Chief of Defence Force.
9: Without limiting the power of the Chief of Defence Force to issue orders under section 27
10: The appropriate service authority may from time to time vary the objects of any such fund, or abolish any such fund and transfer its assets to any other such fund, having due regard to the purposes for which the varied or abolished fund was established and to any conditions specifically imposed by any person from whom any money in the fund was received.
11: Notwithstanding anything in the Public Finance Act 1989 Auditor-General who for that purpose has all of the powers that he or she has under the Public Audit Act 2001 for the purposes of exercising or performing his or her functions, duties, or powers
12: The Crown shall not be liable in respect of any loss sustained by any fund established under this section, whether arising out of any act or omission of an employee of the Crown or by reason of any other cause.
13: The provisions of this section shall apply with respect to all funds established before the passing of this Act for any of the purposes specified in subsections (2) to (5) and in existence at the passing of this Act as if they had been established under this section. If any question arises as to whether any fund is a fund to which this subsection applies, it shall be decided by the Minister, and that decision shall be final.
14: Where any part of any Service of the Armed Forces has been abolished, altered, or reconstituted, whether before or after the commencement of this Act, its non-public funds and all of its other property shall be disposed of, transferred, or held by the appropriate service authority for such purposes as are authorised by subsections (2) to (5), as the authority may determine, having due regard to the purposes for which the funds were established or the property was given or acquired, as the case may be, and to any conditions specifically imposed by any person from whom any property or any money in the funds was received. 1971 No 52 s 55 Section 58(1)﻿(b) amended 17 May 2005 section 7(1)﻿(a) Defence Amendment Act 2005 Section 58(1)﻿(c) amended 17 May 2005 section 7(1)﻿(b) Defence Amendment Act 2005 Section 58(1)﻿(d) amended 17 May 2005 section 7(1)﻿(c) Defence Amendment Act 2005 Section 58(3) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(3) amended 17 May 2005 section 7(2) Defence Amendment Act 2005 Section 58(3)﻿(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(4) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(4) amended 17 May 2005 section 7(3) Defence Amendment Act 2005 Section 50(4)﻿(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(5) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(5) amended 17 May 2005 section 7(4) Defence Amendment Act 2005 Section 58(5)﻿(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(11) amended 7 July 2010 section 4 Defence Amendment Act 2010 Section 58(11) amended 1 July 2001 section 52 Public Audit Act 2001
5: Terms and conditions of service in the Civil Staff
59: General principles
1: The Chief of Defence Force shall, in respect of the members of the Civil Staff, operate a personnel policy that complies with the principle of being a good employer.
2: For the purposes of this section, a good employer
a: good and safe working conditions; and
b: an equal employment opportunities programme; and
c: the impartial selection of suitably qualified persons for appointment; and
d: recognition of—
i: the aims and aspirations of the Maori people; and
ii: the employment requirements of the Maori people; and
iii: the need for greater involvement of the Maori people in the public sector; and
e: opportunities for the enhancement of the abilities of individual employees; and
f: recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
g: recognition of the employment requirements of women; and
h: recognition of the employment requirements of persons with disabilities.
3: In addition to the requirements, specified in subsections (1) and (2), the Chief of Defence Force shall ensure that all members of the Civil Staff maintain proper standards of integrity, conduct, and concern for the public interest.
60: Code of conduct
The Chief of Defence Force may from time to time issue a code of conduct covering the minimum standards of integrity and conduct that are to apply in the Civil Staff.
61: Equal employment opportunities
1: The Chief of Defence Force—
a: shall in each year develop and publish an equal employment opportunities programme for the Civil Staff; and
b: shall ensure in each year that the equal employment opportunities programme for that year is complied with throughout the Civil Staff.
2: The Chief of Defence Force shall include in the annual report of the Defence Force—
a: a summary of the equal employment opportunities programme for the year to which the report relates; and
b: an account of the extent to which the Defence Force was able to meet, during the year to which the report relates, in respect of the Civil Staff the equal employment opportunities programme for that year.
3: For the purposes of this section and section 59
61A: Appointment of members of Civil Staff
1: Subject to this Part, the Chief of Defence Force—
a: may from time to time appoint such suitable persons, not being officers, ratings, soldiers, or airmen of the regular forces, to be employees (including acting or temporary or casual employees) of the Defence Force as the Chief of Defence Force thinks necessary for the efficient conduct of the Defence Force; and
b: may, subject to any conditions of employment included in the employment agreement
2: Except as provided in sections 70 71 Section 61A inserted 28 July 1997 section 12 Defence Amendment Act 1997 Section 61A(1)﻿(b) amended 2 October 2000 section 240 Employment Relations Act 2000
62: Appointments on merit
The Chief of Defence Force, in making an appointment to any position in Section 62 amended 28 July 1997 section 13 Defence Amendment Act 1997
63: Obligation to notify vacancies
Where the Chief of Defence Force intends to fill a position that is vacant or is to become vacant in the Civil Staff, the Chief of Defence Force shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
64: Acting appointments
1: In the case of absence from duty of any member of the Civil Staff (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Civil Staff (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the member or pertaining to the position may be exercised and performed by any other member for the time being directed by the Chief of Defence Force to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
2: No such direction and no acts done by any member of the Civil Staff acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member has not been appointed to any position to which the direction relates.
65: Evidence of appointments
1: Any appointment to any section 30
2: A certificate signed by the Chief of Defence Force that any person named in the certificate was appointed to any Section 65(1) amended 28 July 1997 section 14 Defence Amendment Act 1997 Section 65(2) amended 28 July 1997 section 14 Defence Amendment Act 1997
66: Obligation to notify appointments
The Chief of Defence Force shall notify to the members of the Civil Staff every appointment (other than that of an acting, temporary, or casual employee) made by the Chief of Defence Force to a Section 66 amended 28 July 1997 section 15 Defence Amendment Act 1997
67: Review of appointments
1: The Chief of Defence Force shall put into place for the Civil Staff a procedure for reviewing those appointments made to positions in
2: The procedure shall be approved by the Public Service Commission
3: Nothing in this section relates to an acting appointment. Section 67(1) amended 28 July 1997 section 16 Defence Amendment Act 1997 Section 67(2) amended 7 August 2020 section 135 Public Service Act 2020
68: Power to transfer members within Civil Staff
1: Where the Chief of Defence Force at any time finds in respect of any duties being carried out by the Defence Force through the Civil Staff—
a: that those duties are no longer to be carried out by the Civil Staff; or
b: that a greater number of members of the Civil Staff is employed on those duties than is considered by the Chief of Defence Force to be necessary for the carrying out of those duties,— the Chief of Defence Force may, without complying with sections 62 63 employment agreement
2: Nothing in section 67 Section 68(1) amended 2 October 2000 section 240 Employment Relations Act 2000 Application of Employment Relations Act 2000 Heading substituted 2 October 2000 section 240 Employment Relations Act 2000
69: Application to Civil Staff of Employment Relations Act 2000
Except as otherwise provided in this Act, the Employment Relations Act 2000 Section 69 substituted 2 October 2000 section 240 Employment Relations Act 2000
70: Negotiation of conditions of employment
1: The Chief of Defence Force is responsible for negotiating, under the Employment Relations Act 2000
2: The Chief of Defence Force must consult with the Public Service Commissioner
3: The Public Service Commissioner Public Service Commissioner Public Service Commissioner Section 70 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 70(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 70(3) amended 7 August 2020 section 135 Public Service Act 2020
71: Personal grievances and disputes
Despite the provisions of sections 61A 70
a: in relation to a personal grievance, the employer is the Chief of Defence Force; and
b: in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the Chief of Defence Force acting, if the Public Service Commissioner Public Service Commissioner Section 71 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 71(b) amended 7 August 2020 section 135 Public Service Act 2020
72: Compulsory arbitration and agreement not to strike or lock out
Section 72 repealed 15 May 1991 Employment Contracts Act 1991
73: Contravention of agreement not to strike or lock out
Section 73 repealed 15 May 1991 Employment Contracts Act 1991
5A: Superannuation
Part 5A inserted 1 July 1992 Defence Amendment Act 1992
73A: Interpretation
For the purposes of sections 73B and 73C superannuation scheme scheme means a retirement scheme within the meaning of section 6(1) Section 73A inserted 1 July 1992 Defence Amendment Act 1992 Section 73A amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 73A amended 1 May 2011 section 82 Financial Markets Authority Act 2011
73B: Chief of Defence Force may establish superannuation schemes for members of Defence Force
The Chief of Defence Force may—
a: arrange for any superannuation scheme or schemes to be established for members of the Defence Force:
b: join with any other employer (whether or not in the State services) in arranging for any superannuation scheme or trust arrangement which is part of a superannuation scheme to be established for the purpose of providing, or facilitating the provision of, superannuation for members of the Defence Force:
c: arrange for members of the Defence Force to become members of any established superannuation scheme:
d: provide arrangements in respect of the superannuation of any individual member of the Defence Force. Section 73B inserted 1 July 1992 Defence Amendment Act 1992
73C: Requirements in respect of superannuation schemes for members of Defence Force
Before contributing to any superannuation scheme established or arranged in respect of one or more of the members of the Defence Force pursuant to section 73B
a:
b: that the scheme provides that the sum of all benefits (including any lump sum payments, annuities, and other benefits) payable from the scheme in respect of any member of the scheme will not exceed the sum of—
i: contributions paid by or on behalf of a member and investment earnings thereon; and
ii: any allocations to the member from surplus funds held within the scheme; and
iii: the amount paid in respect of that member from any insurance policy effected for the benefit of members of the scheme; and
c: that the trust deed of the scheme defines the rates or amounts (if any) of contributions of the Chief of Defence Force or other employers and members of the Defence Force, or the basis on which such contributions are to be made; and
d: that the trust deed of the scheme entitles the Chief of Defence Force to cease contributing to the scheme on behalf of a person if that person ceases to be a member of the Defence Force; and
e: that the benefits provided by the scheme are fully funded as they accrue; and
f: that, if the scheme enables members to withdraw from the scheme, the scheme enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to that person’s membership of the scheme up to the date of withdrawal; and
g: that the scheme enables any person who becomes a member of the Defence Force, if the Chief of Defence Force agrees to contribute to the scheme on that person’s behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to that person’s membership of other superannuation schemes; and
h: that the trust deed of the scheme does not permit amendments to be made to the scheme which would result in any provision of paragraphs (a) to (g) ceasing to apply to the scheme. Section 73C inserted 1 July 1992 Defence Amendment Act 1992 Section 73C(a) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
73D: Chief of Defence Force to obtain confirmation from Government Actuary that scheme meets requirements of this Act
Section 73D repealed 1 May 2011 section 82 Financial Markets Authority Act 2011
73E: Contributions to superannuation schemes
The Chief of Defence Force may, for the purpose of providing retirement benefits to members of the Defence Force, contribute to any superannuation scheme that complies with the requirements of section 73C Section 73E inserted 1 July 1992 Defence Amendment Act 1992
73F: Chief of Defence Force may establish compulsory scheme for members of Armed Forces
The Chief of Defence Force may require that all members of the Armed Forces who are not required to contribute under Part 3A section 73B Section 73F inserted 1 July 1992 Defence Amendment Act 1992
6: Cadet forces
74: Constitution of cadet forces
1: The Minister may from time to time raise and maintain cadet forces comprising the Sea Cadet Corps, the New Zealand Cadet Corps, and the Air Training Corps.
1A: The cadet forces referred to in subsection (1) must be maintained under the direction of the Chief of Defence Force.
2: The Minister may from time to time—
a: determine the number of units comprising—
i: the Sea Cadet Corps; or
ii: the New Zealand Cadet Corps; or
iii: the Air Training Corps; or
iv: any combination of those corps; and
b: authorise and direct the formation of a unit that is a unit of any of those corps or any combination of them, and determine or approve the size of the unit’s membership; and
c: authorise or direct the disbanding of any such unit.
3: All cadet forces raised and maintained under the Defence Act 1971 and in being immediately before the commencement of this Act shall continue in being as if they had been raised under this section. 1971 No 52 s 57; 1985 No 198 s 9(1) Section 74(1) substituted 28 July 1997 section 17(1) Defence Amendment Act 1997 Section 74(1A) inserted 28 July 1997 section 17(1) Defence Amendment Act 1997 Section 74(2)﻿(a) substituted 22 October 2003 section 5 Defence Amendment Act 2003 Section 74(2)﻿(b) substituted 22 October 2003 section 5 Defence Amendment Act 2003 Section 74(2)﻿(c) added 28 July 1997 section 17(2) Defence Amendment Act 1997
75: Personnel of cadet forces
1: The Sea Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such sea cadets as from time to time become members of, the Corps.
2: The New Zealand Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such New Zealand cadets as from time to time become members of, the Corps.
3: The Air Training Corps shall consist of such cadet officers as are from time to time appointed to, and such air cadets as from time to time become members of, the Corps. 1971 No 52 s 58; 1985 No 189 s 9
76: Cadet officers
The Minister may from time to time—
a: appoint suitably qualified persons to be cadet officers of either the Sea Cadet Corps, the New Zealand Cadet Corps, or the Air Training Corps; and
b: issue cadet commissions to cadet officers; and
c: prescribe the ranks that may be held by cadet officers; and
d: promote cadet officers to a higher rank; and
e: compulsorily retire a cadet officer or discharge a cadet officer or cancel a cadet officer’s commission or vary a cadet officer’s appointment; and
f: cause notice of all such appointments, commissions, and other acts done under this section to be notified to the cadet forces 1971 No 52 s 59; 1985 No 198 s 9(1) Section 76(a) substituted 28 July 1997 section 18 Defence Amendment Act 1997 Section 76(f) amended 15 November 2000 section 4 Defence Amendment Act 2000
77: Functions of cadet forces
The cadet forces shall have the following functions:
a: the conduct of training courses or training programmes similar to those undertaken by the Armed Forces:
b: the promotion of an appreciation among members of the cadet forces of the functions and operation of the Armed Forces:
c: the development of good citizenship among members of the cadet forces. 1971 No 52 s 60
78: Assistance to cadet forces
1: The Chief of Defence Force the Chief of Defence Force
a: grant financial assistance out of money appropriated by Parliament to enable the cadet forces to conduct such activities as the Chief of Defence Force
b: determine the pay, allowances, expenses, grants, gratuities, and other emoluments (if any) to be paid out of money appropriated by Parliament to cadet officers and other members of the cadet forces; and
c: determine any other terms and conditions of service of cadet officers and other members of the cadet forces; and
d: provide the cadet forces with clothing, stores and equipment, and accommodation; and
e: direct or authorise any member or class of members of the Armed Forces
f: approve the conducting of training courses Armed Forces
2: When a member of the Armed Forces under subsection (1)﻿(e)
3: The terms and conditions of service of cadet officers and other members of the cadet forces determined by the Chief of Defence Force Chief of Defence Force
4: Nothing in Part 4 Part 5 Armed Forces Discipline Act 1971 Public Service Act 2020 Government Superannuation Fund Act 1956 1971 No 52 s 61 Section 78(1) amended 28 July 1997 section 19(a) Defence Amendment Act 1997 Section 78(1) amended 28 July 1997 section 19(b) Defence Amendment Act 1997 Section 78(1)﻿(a) amended 28 July 1997 section 19(a) Defence Amendment Act 1997 Section 78(1)﻿(e) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(1)﻿(f) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(1)﻿(f) amended 15 November 2000 section 5(b) Defence Amendment Act 2000 Section 78(2) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(2) amended 15 November 2000 section 5(c) Defence Amendment Act 2000 Section 78(3) amended 28 July 1997 section 19(c) Defence Amendment Act 1997 Section 78(4) amended 7 August 2020 section 135 Public Service Act 2020
79: Member of cadet forces may be removed from defence area in certain cases
If any member of a unit of the cadet forces that is conducting a training course or training programme or any other activity within a defence area refuses or fails to comply with the lawful orders or instructions of any member of the Armed Forces directing or supervising, or assisting in the direction or supervision of, the course, programme, or other activity, that member or any other member acting under his or her authority may remove the member of the unit from the area. 1971 No 52 s 62
80: Members of cadet forces eligible for war pensions
1: All the provisions of the Veterans' Support Act 2014 section 2
2: Section 9 1971 No 52 s 63 Section 80(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014
81: Recognition of civilian organisations
The Minister may from time to time recognise for the purposes of this section any civilian organisation that has as its object or as one of its objects the promotion of the functions or interest of any corps or unit of the cadet forces for the purpose of permitting that organisation to assist the corps or unit to carry out its functions or activities. 1971 No 52 s 64
7: Offences punishable by civil courts
82: Procuring and assisting desertion
Every person commits an offence and is liable on
a: intentionally or recklessly procures or persuades any member of the Armed Forces to desert or absent himself or herself without leave; or
b: knowing that any member of the Armed Forces is about to desert or to absent himself or herself without leave, assists that member in doing so; or
c: knowing any member of the Armed Forces to be a deserter or an absentee without leave from the Armed Forces,—
i: conceals that member; or
ii: assists that member in concealing himself or herself; or
iii: rescues that member from custody or assists in his or her rescue from custody. 1971 No 52 s 66; 1988 No 88 s 13(1) Section 82 amended 1 July 2013 section 413 Criminal Procedure Act 2011
83: Obstructing members of Armed Forces in execution of duty
Every person commits an offence and is liable on 1971 No 52 s 67; 1988 No 88 s 13(1) Section 83 amended 1 July 2013 section 413 Criminal Procedure Act 2011
84: Obstructing parades
Every person commits an offence and is liable on 1971 No 52 s 68; 1988 No 88 s 13(1) Section 84 amended 1 July 2013 section 413 Criminal Procedure Act 2011
85: Aiding malingering
Every person commits an offence and is liable on
a: produces in a member of the Armed Forces any sickness or disability; or
b: Supplies to or for any member of the Armed Forces any drug or preparation likely to render that member, or lead to the belief that that member is, permanently or temporarily unfit for service— with intent to enable that member, either permanently or temporarily, to avoid service in the Armed Forces. 1971 No 52 s 70; 1988 No 88 s 13(1) Section 85 amended 1 July 2013 section 413 Criminal Procedure Act 2011
86: False statements regarding pay or allowances, etc
1: Every person commits an offence and is liable on
a: of obtaining payment of any amount by way of pay, allowance, or gratuity under this Act, whether as a dependant of a member of the Armed Forces or otherwise; or
b: of obtaining any decoration, emblem, or award issued for gallantry or service in the Armed Forces.
2: If, as a consequence of the commission of an offence against this section, any amount is paid to a dependant of a member of the Armed Forces, or to any other person for the time being entitled to receive it, in excess of the amount to which the dependant or other person is entitled, the amount paid in excess, or any part of the amount, may be recovered from the dependant or other person out of money payable to the dependant or other person by the Crown but not yet paid, or out of money to become payable to the dependant or other person by the Crown, or may be recovered as a debt due to the Crown. 1971 No 52 s 72; 1988 No 88 s 13(1) Section 86(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
87: Failure to account for issued property
1: Every person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for that person’s permanent retention shall, on being required to do so by a notice in writing purporting to be signed by a member of the Defence Force and delivered to that person personally or posted by registered letter to his or her place of residence, return the property to such person and within such reasonable time as may be specified in the notice.
2: If any person to whom any such notice has been delivered fails, without lawful excuse, to return any such property as required by the notice, that person commits an offence and is liable on
3: If any person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for that person’s permanent retention recklessly or negligently loses the property, that person commits an offence and is liable on 1971 No 52 s 73; 1988 No 88 s 13(1) Section 87(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 87(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
88: Giving false certificate, etc
Every person commits an offence and is liable on
a: gives any certificate; or
b: makes any return or statement in writing— that the person knows to be false concerning any matter in respect of which the person is required by or under this Act to render any such certificate, return, or statement. 1971 No 52 s 74; 1988 No 88 s 13(1) Section 88 amended 1 July 2013 section 413 Criminal Procedure Act 2011
89: Bringing
alcohol
1: Every person commits an offence and is liable on
a: intentionally and without authority brings or conveys any alcohol
b: is knowingly and without authority in possession of any alcohol
c: being in possession of alcohol alcohol
2: Any officer or non-commissioned officer who has reasonable grounds to suspect that an offence against subsection (1) is being or has been committed, with or without persons under that officer’s command, may—
a: enter into or on and search any ship, aircraft, conveyance, or vehicle of any kind that is entering or is within a defence area or any place where members of the Armed Forces are quartered or serving; and
b: detain any person whom that officer reasonably suspects is committing or has committed any such offence, and search any parcel, case, bag, luggage, jar, bottle, or other receptacle in that person’s possession; and
c: if any alcohol alcohol alcohol
3: Subject to subsection (4), any officer or non-commissioned officer or any constable constable
4: If, in any case to which subsection (3) applies, the person is subject to the Armed Forces Discipline Act 1971
5: Any alcohol alcohol alcohol alcohol Public Finance Act 1989
5A: In this section, alcohol section 5(1)
6: For the purposes of this section, the term defence area 1971 No 52 s 75; 1988 No 88 s 13(1) Section 89 heading amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89(1)﻿(a) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1)﻿(b) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1)﻿(c) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(2)﻿(c) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 89(5) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(5A) inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
90: Evidence
Any document that would be evidence in any proceedings under the Armed Forces Discipline Act 1971 sections 71 to 74 1971 No 52 s 76 Section 90 amended 7 July 2010 section 5 Defence Amendment Act 2010
8: Miscellaneous provisions
90A: Locally employed civilians
The Chief of Defence Force may employ persons who are outside New Zealand to undertake work for the Defence Force outside New Zealand on terms and conditions specified or prescribed by the Chief of Defence Force. Section 90A inserted 27 September 2001 section 6 Defence Amendment Act 2001
91: Annual report
As soon as practicable after the end of each financial year, the Chief of Defence Force must, in accordance with section 43
a: the operations of the Defence Force for that financial year; and
b: any other matters that the Chief of Defence Force considers to affect the operations of the Defence Force. Section 91 substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004
91A: Territorial Forces Employer Support Council
1: The Minister must appoint a council to be called the Territorial Forces Employer Support Council.
2: The Council has—
a: the role of promoting service in the territorial forces; and
b: the duty of advising the Minister on such matters in relation to the territorial forces as are referred to the Council by the Minister; and
c: such other functions as are from time to time determined by the Minister.
3: The Council is a statutory Board for the purposes of the Fees and Travelling Allowances Act 1951
4: There may be paid out of public money to the members of the Council remuneration by way of fees, salaries, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
5: Subject to the provisions of this Act and of any regulations made under this Act, the Council may regulate its own procedure. Section 91A inserted 1 April 2004 section 7 Defence Amendment Act 2004
92: Arms, etc, to remain property of the Crown
1: All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to the Armed Forces shall be presumed to remain the property of the Crown in the absence of proof to the contrary.
2: All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to any member of the Armed Forces shall, unless issued to that member for retention by that member permanently, be presumed to remain the property of the Crown in the absence of proof to the contrary.
3: All property of the Crown of any kind for the time being in the possession of a member of the Armed Forces shall be exempt 1971 No 52 s 80 Section 92(3) amended 1 January 2008 section 364(1) Property Law Act 2007
93: Security of defence areas
1: Without limiting the power to make regulations under section 101 , naval ship, or military aircraft , ship, or aircraft
2: Regulations made pursuant to subsection (1) may include provisions for all or any of the following purposes:
a: authorising the officer in charge of any defence area , naval ship, or military aircraft , ship, or aircraft
b: authorising any such officer or member of the Defence Force to seize from a person so searched any thing that the officer or member of the Defence Force has reasonable grounds to believe has been used or is being used in the commission of an offence (either against the law of New Zealand or, in the case of a defence area, if it
c: authorising any such officer or member of the Defence Force to apprehend and detain any person who is in or entering or leaving, or about to enter or leave, the area , ship, or aircraft in the case of a defence area, if it
i: delivering that person to a constable constable
ii: if the area , ship, or aircraft constable constable
iii: if the person apprehended or detained is a member of an allied force (whether that force is in New Zealand or elsewhere), delivering that person to the service authorities of that force:
d: authorising any such officer, or member of the Defence Force to require any person who is in or entering or leaving, or about to enter or leave, the area , ship, or aircraft
e: authorising any such officer or member of the Defence Force to remove any person who, without lawful excuse, refuses or fails to comply with any direction to leave the area , ship, or aircraft
f: providing for constables
g: requiring any member of the Defence Force duly authorised under paragraph (a) to produce such warrant or other evidence of his or her authority as may be prescribed in the regulations when exercising any power under the regulations:
h: prescribing offences for breaches in New Zealand of any such regulations, and prescribing, on 1971 No 52 s 81; 1976 No 14 s 4; 1985 No 198 s 10; 1988 No 88 s 13(1) Section 93(1) amended 3 June 1998 section 6(a) Defence Amendment Act 1998 Section 93(1) amended 3 June 1998 section 6(c) Defence Amendment Act 1998 Section 93(2)﻿(a) amended 3 June 1998 section 6(a) Defence Amendment Act 1998 Section 93(2)﻿(a) amended 3 June 1998 section 6(c) Defence Amendment Act 1998 Section 93(2)﻿(b) amended 3 June 1998 section 6(e) Defence Amendment Act 1998 Section 93(2)﻿(c) amended 3 June 1998 section 6(d) Defence Amendment Act 1998 Section 93(2)﻿(c) amended 3 June 1998 section 6(e) Defence Amendment Act 1998 Section 93(2)﻿(c)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 93(2)﻿(c)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 93(2)﻿(c)﻿(ii) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)﻿(d) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)﻿(e) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)﻿(f) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 93(2)﻿(h) amended 1 July 2013 section 413 Criminal Procedure Act 2011
94: Recovery of excess payments
If any amount in respect of pay, allowances, or other emoluments is paid to a member or discharged member of the Armed Forces, or to the dependant of any member, deceased member, or discharged member of the Armed Forces, or to any other person for the time being entitled to receive any pay, allowance, or other emolument on behalf of any such member, discharged member, or any dependant, in excess of the amount to which the member, discharged member, dependant, or other person is entitled under this Act, the amount so paid in excess or any part of it may be recovered from the member, discharged member, dependant, or other person. 1971 No 52 s 82; 1989 No 44 s 86(1)
95: Apprentices
Section 95 repealed 7 May 1999 section 2 Defence Amendment Act 1999
96: Public Trust Section 96 repealed 15 December 2005 section 3 Defence Amendment Act (No 2) 2005
96A: Nelson Rifle Prize Fund abolished
1: On the repeal of section 96
a: the Nelson Rifle Prize Fund (the Fund
b: the Public Trust ceases to administer the Fund; and
c: all money comprising the Fund (including any income arising from the Fund) held by the Public Trust in its common fund immediately before that repeal must be transferred to the cadet forces.
2: The cadet forces must apply the money so transferred only for any or all of the following purposes:
a: the promotion of firearm safety in the Nelson region:
b: the provision of firearm training in the Nelson region:
c: the provision of monetary or other prizes for national shooting competitions held in the Nelson region.
3: In this section, Nelson region Section 96A inserted 15 December 2005 section 4 Defence Amendment Act (No 2) 2005
97: Delegations not to lapse
1: Where the holder of an office or appointment, having delegated (either before or after the commencement of this Act) a function, duty, or power pursuant to this Act or the Armed Forces Discipline Act 1971
a: shall be deemed not to have lapsed by reason of the fact that the holder of the office or appointment has ceased to hold that office or appointment; and
b: shall continue to have full force and effect until revoked by a successor in the office or appointment.
2: Where a function, duty, or power has been delegated (either before or after the commencement of this Act) to the holder of an office or appointment pursuant to this Act or the Armed Forces Discipline Act 1971 1971 No 52 s 84
98: Execution of instruments, etc
Except as may be prescribed from time to time, any order, direction, instruction, or decision required or authorised by or under this Act or by the Armed Forces Discipline Act 1971 1971 No 52 s 85
99: Proclamations, etc
1: All Proclamations, Orders in Council, and warrants relating to the Defence Force shall be deemed to be sufficiently notified to all persons whom they purport to affect by being published in the Gazette
2: However, if the instrument is secondary legislation, it is deemed to be sufficiently notified to all persons whom it purports to affect by being published under the Legislation Act 2019 1971 No 52 s 86 Section 99(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100: Promulgation of orders
1: All orders given under the authority of or in execution of this Act or under the Armed Forces Discipline Act 1971
2: An order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of any such deviation.
3: This section does not apply to a Defence Force Order that is stated by this Act or any other legislation to be secondary legislation. 1971 No 52 s 87 Section 100(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
101: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes:
a: providing for the establishment and conduct of messes in naval ships and defence areas:
b: providing for—
i: the vesting in the Crown of all intellectual property—
A: devised or developed or created in the course of the duties of a member of the Defence Force, whether or not the intellectual property might reasonably be expected to result; or
B: devised or developed or created wholly or principally by or through the use of resources provided by the Crown:
ii: the management and funding of the development and protection of intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i); and
iii: the payment of any amount by way of bonus or grant appropriate in the circumstances to a member of the Defence Force who devises or develops or creates any intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i).
c: providing for the payment of grants to Defence Force bands, organisations, and affiliated bodies:
d: authorising civilian persons or organisations to conduct prescribed activities in defence areas:
e: controlling the packing, marking, handling, carriage, storage, and use in defence areas of hazardous substances as defined in section 2
f: providing for the enlistment of forces under section 11(3)﻿(e), (4)﻿(d), or (5)﻿(d)
g: providing for such matters as are specified in section 46 section 93
ga: authorising the officer in charge of any defence area to regulate traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibit traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road in the area:
gb: authorising the officer in charge of any defence area to regulate the use of vehicles and specify the conditions upon or subject to which they may be used in the area:
gc: prescribing offences for the contravention of or non-compliance with any regulations made under paragraph (ga) or paragraph (gb), and providing that the maximum penalty that, on
h: providing that any specified regulations of the Civil Aviation Regulations 1953, being—
i: regulations that relate to obstructions to air navigation and lights; or
ii: general regulations relating to the administration of enforcement of regulations that so relate,— shall, with any necessary modifications, apply in respect of any military aerodrome and aircraft using such aerodromes:
i: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: All regulations made under this section shall come into force on such date as may be specified in the regulations, being the date of the regulations or on any other date after the date on which they were made; except that any such regulations that confer a benefit on any person may have effect from a date before the date on which the regulations were made.
3: Any such regulations may relate to the Defence Force generally or to any specified part of the Defence Force.
4: Regulations under this section—
a: are secondary legislation ( see Part 3
b: commence in accordance with subsection (2), even if they are not yet published. 1971 No 52 s 99 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 101(1)﻿(b) substituted 28 July 1997 section 21 Defence Amendment Act 1997 Section 101(1)﻿(e) substituted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 101(1)﻿(f) substituted 22 October 2003 section 6 Defence Amendment Act 2003 Section 101(1)﻿(ga) inserted 3 June 1998 section 7 Defence Amendment Act 1998 Section 101(1)﻿(gb) inserted 3 June 1998 section 7 Defence Amendment Act 1998 Section 101(1)﻿(gc) inserted 15 December 2005 section 5 Defence Amendment Act (No 2) 2005 Section 101(1)﻿(gc) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
102: Transitional provisions
1: Every reference in any Act to the New Zealand Naval Forces or the Naval Forces, or to the New Zealand Army or the Army, or to the Royal New Zealand Air Force or the Air Force means the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, as the case may be, constituted under section 11
2: Every reference to the New Zealand Naval Board, the New Zealand Navy Board, the Naval Board of New Zealand, or the Naval Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.
3: Every reference to the Army Board or the Army Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.
4: Every reference to the Air Board or the Air Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.
5: Every reference to the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.
6: All orders or instructions issued by or under the authority of the Naval Board or the Naval Board of the New Zealand Defence Council, the Army Board or the Army Board of the New Zealand Defence Council, or the Air Board or the Air Board of the New Zealand Defence Council, or the New Zealand Defence Council, that are in force immediately before the commencement of this Act shall, until revoked by the Chief of Defence Force, continue in force as if they were Defence Force Orders issued under section 27
7: Every lease, licence, or other contract or arrangement in force immediately before the commencement of this Act and executed for any of the purposes of the Ministry of Defence shall continue to have effect according to its tenor notwithstanding that it may hereafter be intended that any right, title, privilege, or benefit presently enjoyed by the Ministry of Defence under the contract or arrangement shall be enjoyed by the Defence Force alone, or by the Defence Force and the Ministry of Defence jointly.
8: All conditions of employment fixed under section 46 of the Defence Act 1971, or under any corresponding former enactment, and in force immediately before the commencement of this Act shall be deemed to have been fixed under section 45
9: Every member of the regular forces whose service commenced before the commencement of this Act is entitled, on completion of that service, to an Armed Forces Terminal Benefit of an amount prescribed by the Chief of the Defence Force in accordance with criteria applying immediately before that commencement.
10: Every award or agreement in force in relation to employees of the Ministry of Defence immediately before the commencement of this Act shall be deemed for the purposes of this Act to have been negotiated by the Chief of Defence Force under section 70
11: For the purposes of any entitlement under any award or agreement or contract of employment, service with the Ministry of Defence shall be deemed to be service as a member of the Civil Staff. Section 102(9) substituted 15 November 2000 section 6 Defence Amendment Act 2000
103: Application of State Sector Act 1988
Amendment(s) incorporated in the Act(s)
104: Application of Public Finance Act 1989
The provisions of the Public Finance Act 1989
a: the Defence Force were a department within the meaning of that Act; and
b: the Chief of Defence Force were the chief executive of the department within the meaning of that Act.
105: Consequential amendments and repeals
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2