The New Zealand Memorial Cross

Reprint
as at 26 August 1960

Coat of Arms of New Zealand

The New Zealand Memorial Cross

(SR 1960/128)


Note

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.

These rules are administered by the Ministry of Defence.


  • The following conditions relating to the institution and issue of the New Zealand Memorial Cross in respect of servicemen of the New Zealand Armed Forces who have lost or lose their lives after the Second World War are hereby published for general information.

    Dated at Wellington this 16th day of August 1960.
    Phillip G Connolly, Minister of Defence.
    _________
    The New Zealand Memorial Cross

    Whereas His late Majesty King George VI approved the institution of the New Zealand Memorial Cross to commemorate New Zealand servicemen who lost their lives as a result of active service during the Second World War:

    And whereas Her Majesty Queen Elizabeth II has now been graciously pleased to approve the grant of the Cross to commemorate New Zealand servicemen who have since lost or who lose their lives in the circumstances hereinafter specified, subject to the following rules:

Contents

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Rules

1 
  • (1) For the purposes of these rules—

    Allied force includes any force which is co-operating with any New Zealand Armed Force; and also includes any force of which any part of any New Zealand Armed Force forms a part

    Commonwealth means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible

    Cross means the New Zealand Memorial Cross

    enemy includes all persons engaged in armed operations against any New Zealand or Allied force; and also includes all armed mutineers, armed rebels, armed rioters, and pirates

    Minister means the Minister of Defence

    Naval Discipline Act means the Naval Discipline Act 1957 of the United Kingdom Parliament; and includes all enactments of that Parliament passed in amendment of or substitution for that Act

    New Zealand Armed Forces means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force; and includes all persons for the time being subject to military law or air force law or to the Naval Discipline Act by reason of their carrying out duties necessitating their accompanying the New Zealand Armed Forces or any portion thereof

    New Zealand serviceman or serviceman means a person to whom clause 3 applies.

    (2) For the purposes of these rules, a person shall be deemed to be ordinarily resident in New Zealand if his home is in New Zealand.

    (3) If any question or dispute arises as to whether or not any person was a serviceman or was ordinarily resident in New Zealand it shall be determined by the Minister, whose decision shall be final.

2 
  • The Cross shall consist of a cross in dull silver, mounted in the form of a brooch; at the end of the upright a Crown; at the end of each arm a fern leaf; in the centre within a wreath of laurel the royal cipher; and shall bear the name, rank, and number (if any) of the person in respect of whose death the Cross is granted.

3 
  • The Cross may be granted in respect of the death of any person, whether male or female,—

    • (a) who has lost or loses his life while he is a member of any part of the New Zealand Armed Forces and who is serving outside New Zealand during any war in which New Zealand is engaged or is serving in operations against an enemy; or

    • (b) who, being ordinarily resident in New Zealand, has lost or loses his life while he is a member of any Commonwealth or Allied force, and is serving outside New Zealand during any war in which New Zealand is engaged or is serving in operations against an enemy; or

    • (c) who has lost or loses his life while he is a member of any part of the New Zealand Armed Forces or, being ordinarily resident in New Zealand, is a member of any Commonwealth or Allied force and is in a naval sea-going ship engaged in duties during actual hostilities; or

    • (d) who, being ordinarily resident in New Zealand, has lost or loses his life as a result of enemy action at sea while he is a member, in any capacity, of the British mercantile marine during any war in which New Zealand is engaged or is serving in operations against an enemy; or

    • (e) who has died or subsequently dies from causes attributable to the service specified in any of the paragraphs (a) to (d).

4 
  • (1) The Cross shall be granted to the following relatives who are surviving at the date of the grant of the Cross, namely:

    • (a) 1 Cross may be granted to—

      • (i) his mother; or

      • (ii) if his mother does not so survive him, his father; or

      • (iii) if his father does not so survive him, his eldest surviving sister; or

      • (iv) if no sister so survives him, his eldest surviving brother:

    • (b) if the serviceman is married, in addition to any Cross granted to his mother, or his father, or his sister, or his brother, in accordance with the provisions of paragraph (a), another Cross may be granted to—

      • (i) his widow; or

      • (ii) if his widow does not so survive him, his eldest surviving daughter; or

      • (iii) if no daughter so survives him, his eldest surviving son.

    (2) No persons other than those mentioned in subclause (1) shall have any claim or entitlement to the grant of a Cross.

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  • The Minister may require any applicant for the Cross to produce to him, or as he may direct, such proof of death, service, or eligibility as may be deemed necessary.

6 
  • (1) The Minister may in his discretion withhold the grant of the Cross from any applicant who—

    • (a) is shown to be of bad character; or

    • (b) in the case of a widow, was separated from the serviceman by agreement or legal process, or had deserted him, at the time of his death.

    (2) If any question or dispute arises as to the grant of, or eligibility for, the Cross, it shall be determined by the Minister, whose decision shall be final.

7 
  • These rules shall not be deemed to revoke or cancel the rules relating to the New Zealand Memorial Cross in respect of New Zealand servicemen who lost their lives as a result of active service during the Second World War (Gazette, 25 September 1947, p 1382).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 August 1960.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of The New Zealand Memorial Cross. The reprint incorporates all the amendments to the rules as at 26 August 1960, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)