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New Zealand Army Amendment Act 1962

Public Act		1962 No 88
Date of assent		6 December 1962

	Title
1	Short Title
2	New sections inserted
3	Unit and other funds
	Administrative information

An Act to amend the New Zealand Army Act 1950

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the New Zealand Army Amendment Act 1962, and shall be read together with and deemed part of the New Zealand Army Act 1950 (hereinafter referred to as the principal Act).

2 New sections inserted

(1)

The principal Act is hereby amended by inserting in Part II, after section 23, the following sections:

“23a. Administration of the Army

Without limiting the power of the Army Board to issue Army Orders conferred by section 22 of this Act, the Army Board may from time to time issue Army Orders, not inconsistent with this Act, for—

“(a)

The terms and conditions of service for officers, soldiers, and cadets, including appointment, enlistment, promotion, reversion, transfer, attachment, secondment, retirement, discharge, leave, discipline, training, health, and welfare:

“(b)

Subject to any regulations made under section 17 of this Act, and to any determination of the Minister under section 23b of this Act prescribing the rates or amounts thereof and to any conditions prescribed under the said section 23b, the conditions for the issue of pay, allowances, expenses, grants, bonuses, and gratuities payable to officers, soldiers, and cadets, and for the payment, forfeiture, and restoration of good conduct badge pay:

“(c)

Mobilisation procedures:

“(d)

The formation and recognition of rifle clubs and rifle associations:

“(e)

Agreements to be entered into with the Crown by officers and soldiers in regard to the vesting in the Crown of discoveries, inventions, and improvements in processes, apparatus, and machines made by them, and the payment of rewards, expenses, and other money in respect thereof:

“(f)

Subject to the provisions of any regulations (whether made under this Act or otherwise), the award, forfeiture, and restoration of medals and decorations:

“(g)

Subject to the provisions of the Public Revenues Act 1953, accounting for money and stores.

“23b. Pay, allowances, grants, and gratuities of officers and soldiers

“(1)

Subject to any regulations made under section 17 of this Act, the pay, allowances, expenses, grants, bonuses, and gratuities payable to officers, soldiers, and cadets shall be at such rates or of such amounts as are from time to time prescribed by the Minister with the concurrence of the Minister of Finance, and shall be subject to any conditions prescribed by the Minister with the like concurrence.

“(2)

Any such rates or amounts or conditions may relate to a period commencing on or before or after the date on which they are prescribed.

“(3)

All rates of pay prescribed under this section shall be published in the Gazette.

“(4)

All rates (including rates of pay) and amounts prescribed under this section and the conditions subject to which they are payable shall be promulgated in Army Orders.”

(2)

Section 17 of the principal Act is hereby amended by repealing paragraph (a) (as amended by section 3 of the New Zealand Army Amendment Act 1961), paragraph (b), and paragraph (c) (as substituted by section 4 of the New Zealand Army Amendment Act 1959) of subsection (1), and substituting the following paragraph:

“(a)

Provisions as to forfeitures of pay of officers and soldiers and stoppages from pay and the withholding or delaying of increments of pay, retiring allowances, and other benefits in cases of unsatisfactory service:”.

(3)

Section 4 of the New Zealand Army Amendment Act 1959 and section 3 of the New Zealand Army Amendment Act 1961 are hereby repealed.

(4)

Notwithstanding anything in the foregoing provisions of this section, the provisions of the Army Regulations 1951 with respect to any matter which after the passing of this Act is to be prescribed by Army Order or by the Minister shall continue in force until provision with respect to that matter is made by Army Order or by the Minister, as the case may be.

3 Unit and other funds

(1)

The principal Act is hereby further amended by inserting in Part II, after section 23b (as inserted by section 2 of this Act), the following section:

“23c.

“(1)

The Army Board may from time to time, by Army Order, establish or authorise the establishment of such funds under such names as it thinks fit for the benefit of units, teams, or groups within the Army, members of the Army, their dependants, and the dependants of deceased members, visiting servicemen, and such other persons and objects of any kind whatsoever as the Army Board considers will be of advantage to the Army and its members.

“(2)

The Army Board may from time to time issue Army Orders—

“(a)

Providing for the administration, supervision, control, and accounting of the assets of any fund established under this section:

“(b)

Varying the objects of any such fund or abolishing any such fund and transferring 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, and subject, in the case of any fund to which section 4 of the Finance Act 1951 applies, to the provisions of that section.

“(3)

Notwithstanding anything in the Public Revenues Act 1953, but subject to the provisions of subsection (4) of this section, the assets of any fund established under this section shall be deemed not to be public moneys or public stores within the meaning of that Act.

“(4)

The accounts of every fund established under this section shall be audited by the Audit Office, which for that purpose shall have all such powers as it has under the Public Revenues Act 1953 in respect of public moneys and public stores.

“(5)

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 any employee of the Crown or from any other cause whatsoever.

“(6)

The provisions of this section shall apply with respect to all funds established before the commencement of this section for any of the purposes specified in subsection (1) of this section and in existence at the commencement of this section as if they had been established by the Army Board 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 with the concurrence of the Minister of Finance, and that decision shall be final.

“(7)

On a date to be fixed by the Minister by notice in the Gazette, all trusts upon which the Army Sports Fund, the Army Benevolent Fund, and the Army Canteen Fund are held on that date shall cease and determine, and the assets of those funds shall on that date be deemed to have been transferred to and become assets of funds with similar objects to be established by the Army Board under this section before that date. Different dates may be fixed under this subsection in respect of the several funds to which this subsection applies.

“(8)

Except as provided in any other Act, where any unit of the Army has been abolished, altered, or reconstituted, whether before or after the commencement of this Act, its unit funds and all other private property of the unit shall be at the disposal of the Army Board, and accordingly shall be transferred to or held or disposed of by such persons, for the benefit of such unit or units of the Army, or otherwise for such purposes for the benefit of the Army or of any portion thereof, as the Army Board may determine.”

(2)

Section 23 of the principal Act is hereby amended by repealing subsection (2).

This Act is administered in the Army Department.

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New Zealand Army Amendment Act 1962