New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 May 2011
| Public Act | 1990 No 28 |
| Date of assent | 1 April 1990 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Defence.
1 Short Title and commencement
Part 1
Constitutional position of armed forces
6 Further powers of Governor-General
7 Power of Minister of Defence
9 Use of Armed Forces to provide public service or assist civil power
Part 2
The New Zealand Defence Force
11 Constitution of Defence Force
14 Members of Civil Staff [Repealed]
15 Members of territorial forces
18 Attachment of members of one Service to another Service
19 Circumstances in which members of one Service are deemed attached to another Service
20 Modification of Acts for members of one Service attached or deemed attached to another Service
21 Transfer of members of one Service to another Service
22 Transfer for employment with other forces
23 Attachment of members of New Zealand Armed Forces to other armed forces
23A Attachment of members of other armed forces to New Zealand Armed Forces
23B Mutual powers of command when forces acting together
Part 3
Secretary of Defence, Chief of Defence Force, and Chiefs of Service
26 Chief of Defence Force may be relieved of particular responsibilities in time of war or other like emergency
29 Chiefs of Service Committee
30 Delegation of functions, duties, and powers
31 Consultation between Secretary of Defence and Chief of Defence Force
Part 4
Terms and conditions of service in the armed forces
32 Appointment, promotion, and discharge of officers
33 Appointment, enlistment, and engagement
35 Effect of oath of allegiance
37 Liability of minors for active service
Liability for and duration of service
38 Liability for and duration of service in regular forces
39 Liability for service in territorial forces
40 Liability for service in reserve forces
41 Further provisions relating to Proclamations
42 Protection of employment when Proclamation made
43 Discretion to waive or postpone requirement for continuous service
45 Conditions of service in Armed Forces
46 Regulations fixing certain terms and conditions of service
47 Defence Force Orders fixing certain terms and conditions of service [Repealed]
48 Determinations and regulations to be notified in Defence Force Orders [Repealed]
Miscellaneous provisions relating to service
50A Power to declare situation of national interest in relation to special service
50B Protection of employment when situation of national interest declared
51 Persons receiving pay but not properly attested
Discharge or release from regular forces on notice
52 Members may give notice of intention to leave regular forces
53 Return of service obligation
55 Notice while serving overseas, etc
56 Discretion to relax requirements
57 Notice while subject to disciplinary proceedings, etc
Discharge or release from services for incompatible behaviour
57A Members may be discharged or released for incompatible behaviour
58 Unit and other non-public funds
Part 5
Terms and conditions of service in the Civil Staff
61 Equal employment opportunities
61A Appointment of members of Civil Staff
63 Obligation to notify vacancies
66 Obligation to notify appointments
68 Power to transfer members within Civil Staff
Application of Employment Relations Act 2000
69 Application to Civil Staff of Employment Relations Act 2000
70 Negotiation of conditions of employment
71 Personal grievances and disputes
72 Compulsory arbitration and agreement not to strike or lock out [Repealed]
73 Contravention of agreement not to strike or lock out [Repealed]
73B Chief of Defence Force may establish superannuation schemes for members of Defence Force
73C Requirements in respect of superannuation schemes for members of Defence Force
73D Chief of Defence Force to obtain confirmation from Government Actuary that scheme meets requirements of this Act [Repealed]
73E Contributions to superannuation schemes
73F Chief of Defence Force may establish compulsory scheme for members of Armed Forces
74 Constitution of cadet forces
79 Member of cadet forces may be removed from defence area in certain cases
80 Members of cadet forces eligible for war pensions
81 Recognition of civilian organisations
Part 7
Offences punishable by civil courts
82 Procuring and assisting desertion
83 Obstructing members of Armed Forces in execution of duty
86 False statements regarding pay or allowances, etc
87 Failure to account for issued property
88 Giving false certificate, etc
89 Bringing liquor into defence areas, etc
Part 8
Miscellaneous provisions
90A Locally employed civilians
91A Territorial Forces Employer Support Council
92 Arms, etc, to remain property of the Crown
94 Recovery of excess payments
95 Apprentices [Repealed]
96 Public Trust to administer Nelson Rifle Prize Fund [Repealed]
96A Nelson Rifle Prize Fund abolished
98 Execution of instruments, etc
103 Application of State Sector Act 1988
104 Application of Public Finance Act 1989
105 Consequential amendments and repeals
Schedule 1
Enactments consequentially amended
An Act—
(a) to continue to authorise the raising and maintaining of armed forces for certain purposes; and
(b) to constitute the New Zealand Defence Force, comprising—
(i) the Armed Forces under the command of the Chief of Defence Force; and
(ii) the Civil Staff under the control of the Chief of Defence Force; and
(c) to reaffirm that the Armed Forces are under Ministerial authority; and
(d) to define the respective roles and relationships of the Minister of Defence, the Secretary of Defence, and the Chief of Defence Force; and
(e) to redefine the relationship of the Chief of Defence Force to the Chiefs of Service; and
(f) to make provision generally in respect of the establishment, control, and activities of the New Zealand Defence Force, and related matters
Title paragraph (e): amended, on 20 September 2007, by section 4 of the Defence Amendment Act 2007 (2007 No 51).
