Defence Amendment Act 2004

1: Title
1: This Act is the Defence Amendment Act 2004.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on 1 April 2004.
3: Purpose
The purpose of this Act is to amend the principal Act—
a: to provide for protection under the Volunteers Employment Protection Act 1973
i: 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) 40(2) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
b: to improve the protection that is provided under this Act and the Volunteers Employment Protection Act 1973
i: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, are, as a consequence of a Proclamation made under section 39(3) 40(3) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
c: to authorise the Governor-General to make in the national interest an Order in Council that will enable any member of the territorial forces or the reserve forces and any other person to receive protection under the Volunteers Employment Protection Act 1973 section 50 Defence Act 1990
d: to require the Minister to appoint a Territorial Forces Employer Support Council.
4: New
section 42
1: The principal Act is amended by repealing section 42
42: Protection of employment when Proclamation made
Part 2 of the Volunteers Employment Protection Act 1973
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) or section 40(2) of this Act
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) or section 40(3) of this Act
iii: who was, at the time of the making of the Proclamation, employed by an employer.
2: Section 6 Defence Amendment Act 1997
5: Special service
Section 50
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)
4: Section 30(4) to (9) subsection (3)
6: New
sections 50A 50B The principal Act is amended by inserting, after section 50
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 section 50
c: who was, at the time of the making of the order, employed by an employer.
50B: Protection of employment when situation of national interest declared
Part 3 of the Volunteers Employment Protection Act 1973
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 of this Act
iii: whose obligation to undertake that service under section 50 of this Act section 50A of this Act section 50 of this Act
b: who was, at the beginning of the period specified in the order made under section 50A of this Act
7: New
section 91A The principal Act is amended by inserting, after section 91
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.