New Zealand General Service Medal (Bougainville) Amendment Regulations 2016

  • latest version but not yet in force

2017/42

Coat of Arms of New Zealand

New Zealand General Service Medal (Bougainville) Amendment Regulations 2016

Elizabeth R

This 8th day of December 2016

Pursuant to the Royal Warrant dated 7 May 1992 (as altered by the Royal Warrant dated 4 August 1997) instituting and creating the New Zealand General Service Medal, and acting on the advice of the Prime Minister, Her Majesty the Queen has been pleased to make the following regulations.

Regulations

1 Title

These regulations are the New Zealand General Service Medal (Bougainville) Amendment Regulations 2016.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations

These regulations amend the New Zealand General Service Medal (Bougainville) Regulations 2001 (the principal regulations).

4 Regulation 3 amended (Bougainville)

In regulation 3(2), replace “regulation 5” with “regulations 5 and 5A”.

5 Regulation 5 replaced (Qualifications for award)

Replace regulation 5 with:

5 Eligibility

A person is eligible for the medal and clasp if he or she—

(a)

was posted or attached to, or was deployed in support of, or worked with or alongside, any of the following:

(i)

Ministry of External Relations and Trade efforts in the operational area between 1 December 1989 and 31 May 1990 (inclusive):

(ii)

the peace talks (Operation Big Talk) between 28 July 1990 and 5 August 1990 (inclusive):

(iii)

the South Pacific Peace Keeping Force (Operation Portus) between 5 October 1994 and 19 October 1994 (inclusive):

(iv)

the transportation of representatives for peace talks (Operation Coracle Phase 1) on 3 July 1997:

(v)

the transportation of representatives of the Bougainville Revolutionary Army and Bougainville Transitional Government and of Papua New Guinea prisoners of war (Operation Coracle Phase 3) between 23 July 1997 and 25 July 1997 (inclusive):

(vi)

the Bougainville Truce Monitoring Group, the Bougainville Peace Monitoring Group, or any subsequent replacement force on or after 19 November 1997; and

(b)

was, at that time,—

(i)

a member of the Armed Forces (within the meaning of section 2(1) of the Defence Act 1971 or section 2(1) of the Defence Act 1990); or

(ii)

a Police employee (within the meaning of section 4 of the Policing Act 2008 or, in relation to the period before the commencement of section 4 of the Policing Act 2008, a member of the Police, within the meaning of section 5 of the Police Act 1958); or

(iii)

a New Zealand citizen (within the meaning of section 4 of the Immigration Act 2009); or

(iv)

a permanent resident of New Zealand (within the meaning of section 73 of the Electoral Act 1993); or

(v)

any other person who the Minister of Defence, on the advice of the Chief of the Defence Force, determines is eligible for the medal and clasp.

5A Qualification for award

An eligible person qualifies for the award of the medal and clasp if he or she—

(a)

was engaged in service described in regulation 5(a) in the operational area for 30 days or more, continuous or aggregated; or

(b)

was engaged in service described in regulation 5(a) in the operational area for less than 30 days, but—

(i)

the service was terminated due to the person’s death or evacuation owing to wounds or disability caused to the person by that service; or

(ii)

the person has been given a New Zealand Royal honour for gallantry or bravery for acts while engaged in that service; or

(iii)

the service was terminated due to the withdrawal of the New Zealand Defence Force from the operational area at the direction of the New Zealand Government; or

(iv)

an operational order, a fragmentary order, or an operational instruction stated that the person was to serve for 30 days or more in service as described in regulation 5(a), but the person had his or her period of service terminated after less than 30 days at the direction of the New Zealand Government department or agency that deployed the person, and the termination was for official reasons rather than for personal, compassionate, or disciplinary reasons.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the New Zealand General Service Medal (Bougainville) Regulations 2001 (the principal regulations).

The principal regulations are made under a Royal Warrant, The New Zealand General Service Medal (SR 1992/101), which instituted the New Zealand General Service Medal to be awarded to members of the New Zealand Defence Force and civilians for “services rendered during both warlike and non-warlike (peacekeeping) operations”.

The principal regulations provide that a person who was posted or attached to, deployed in support of, or worked with or alongside the Bougainville Truce Monitoring Group, the Bougainville Peace Monitoring Group, or any subsequent replacement force after 19 November 1997 is eligible for the medal (subject to some further criteria).

The effect of the amendment is to add other instances of service relating to the conflict in Bougainville that, subject to some further criteria, may make a person eligible for the medal. As a consequence of the amendments, a person may be eligible for the medal if the person was posted or attached to, deployed in support of, or worked with or alongside any of the following:

  • Ministry of External Relations and Trade efforts in the operational area between 1 December 1989 and 31 May 1990 (inclusive):

  • the peace talks (Operation Big Talk) between 28 July 1990 and 5 August 1990 (inclusive):

  • the South Pacific Peace Keeping Force (Operation Portus) between 5 October 1994 and 19 October 1994 (inclusive):

  • the transportation of representatives for peace talks (Operation Coracle Phase 1) on 3 July 1997:

  • the transportation of representatives of the Bougainville Revolutionary Army and Bougainville Transitional Government and of Papua New Guinea prisoners of war (Operation Coracle Phase 3) between 23 July 1997 and 25 July 1997 (inclusive).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 March 2017.

These regulations are administered by the New Zealand Defence Force.