The Governor-General may from time to time, in the name and on behalf of Her Majesty the Queen, continue to raise and maintain armed forces, either in New Zealand or elsewhere, for the following purposes, namely—

For the purposes of subsection (1) of this section, the term “New Zealand”, when used as a territorial description, includes the Cook Islands, the Tokelau Islands, and Niue.

The Governor-General, by virtue of being Commander-in-Chief of New Zealand, shall have such powers and may exercise and discharge such duties and obligations relating to the Armed Forces as pertain to the office of Commander-in-Chief.

Nothing in this section shall affect any power vested in the Governor-General apart from this section.

The armed forces raised and maintained under section 4 of this Act shall continue to comprise the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force.

The New Zealand Naval Forces shall consist of—

The New Zealand Army shall consist of—

The Royal New Zealand Air Force shall consist of—

The regular forces of the Armed Forces shall, subject to Part II of this Act, consist of such officers and of such ratings, soldiers, and airmen as are for the time being and from time to time appointed, engaged, enlisted, or transferred for continuing full-time service in either the Royal New Zealand Navy, the Regular Force of the Army, or the Regular Air Force.

The maximum numbers of officers, ratings, soldiers, and airmen in the regular forces shall be such as the Minister authorises from time to time.

The Royal New Zealand Navy, the Regular Force of the Army, and the Regular Air Force may each be divided into such branches or corps, formations, commands, units, and other parts as the Defence Council determines from time to time.

The territorial forces of the Armed Forces shall, subject to Part II of this Act, consist of such officers and of such ratings, soldiers, and airmen as are for the time being and from time to time appointed, engaged, enlisted, or transferred for service in either the Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, the Territorial Force of the New Zealand Army, or the Territorial Air Force.

The maximum numbers of officers, ratings, soldiers, and airmen in the territorial forces shall be such as the Minister authorises from time to time.

The Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, the Territorial Force of the Army, and the Territorial Air Force may each be divided into such branches or corps, formations, commands, units, and other parts as the Defence Council determines from time to time.

The reserve forces of the Armed Forces shall, subject to Part II of this Act, consist of such officers and of such ratings, soldiers, and airmen as are for the time being and from time to time appointed, engaged, enlisted, or transferred for service in either the Naval Reserves, the Army Reserve, or the Air Force Reserve.

The Naval Reserves, the Army Reserve, and the Air Force Reserve may each be divided into such parts as the Defence Council determines from time to time.

The equivalent ranks of naval, army, and air force officers, non-commissioned officers, and other servicemen shall, for the purposes of this Act, and for the purposes of the Armed Forces Discipline Act 1971, be such as may be determined from time to time by the Governor-General by Order in Council.

A serviceman belonging to one service may be attached to either of the other two services, subject to such conditions as may be prescribed.

Except when provided in orders issued by or under the authority of the Defence Council, an officer or soldier of the Army or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971, be deemed to be attached to the Navy—

When any order is given under paragraph (b) or paragraph (d) of this subsection, the officer, soldier, or airman to whom the order relates shall be deemed to be attached to the service specified in the order from such time and for such period (if any) as may be specified in the order.

Except as provided in orders issued by or under the authority of the Defence Council, an officer or rating of the Navy or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971, be deemed to be attached to the Army—

When any order is given under paragraph (b) or paragraph (d) of this subsection, the officer, rating, or airman to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order.

Except as provided in orders issued by or under the authority of the Defence Council, an officer or rating of the Navy or an officer or soldier of the Army shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971, be deemed to be attached to the Air Force—

When any order is given under paragraph (b) or paragraph (d) of this subsection, the officer, rating, or soldier to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order.

Where a serviceman of one service is attached by virtue of section 10, or is deemed to be attached by virtue of section 11, of this Act to another service, this Act and the Armed Forces Discipline Act 1971 shall apply to him subject to the following modifications:

and the provisions of this Act and of the Armed Forces Discipline Act 1971 shall be construed accordingly.

A serviceman of the Army or the Air Force who is acting with, or who is a member of a part of the Army or Air Force which is acting with, a part of the Navy shall have the same powers of command and arrest as a serviceman of the Navy of an equivalent rank; and, for the purposes of sections 35, 36, 38, and 88 of the Armed Forces Discipline Act 1971, any such serviceman of the Army or the Air Force shall be treated as if he were a serviceman of the Navy of an equivalent rank.

A serviceman of the Navy or the Air Force who is acting with, or who is a member of a part of the Navy or Air Force which is acting with, a part of the Army shall have the same powers of command and arrest as a serviceman of the Army of an equivalent rank; and, for the purposes of sections 35, 36, 38, and 88 of the Armed Forces Discipline Act 1971, any such serviceman of the Navy or the Air Force shall be treated as if he were a serviceman of the Army of an equivalent rank.

A serviceman of the Navy or the Army who is acting with, or who is a member of a part of the Navy or Army which is acting with, a part of the Air Force shall have the same powers of command and arrest as a serviceman of the Air Force of an equivalent rank; and, for the purposes of sections 35, 36, 38, and 88 of the Armed Forces Discipline Act 1971, any such serviceman of the Navy or the Army shall be treated as if he were a serviceman of the Air Force of an equivalent rank.

Nothing in this section shall authorise any officer of a service to assume command of any unit or part of any other service unless that unit or part has been specifically placed under his command.

A serviceman belonging to one service may, with his written consent, be transferred from that service to either of the other two services, subject to such conditions as may be prescribed.

Without prejudice to the provisions of section 6 of the Visiting Forces Act 1939, any serviceman may, by order of the Defence Council, or, in the case of a serviceman serving with any New Zealand force outside New Zealand, by order of the officer commanding that force, be transferred for employment with the armed forces of a Commonwealth country, or of any other allied country, or of the United Nations.

A transfer ordered under subsection (1) of this section may be for such period and subject to such conditions as may be arranged between the New Zealand authority and the appropriate authority of the armed forces of the other country or the United Nations, as the case may be.

A serviceman transferred for employment pursuant to subsection (1) of this section shall remain subject to this Act and to the Armed Forces Discipline Act 1971 and, in the case of a serviceman already attached temporarily to the armed forces of another part of the Commonwealth under the provisions of the Visiting Forces Act 1939, to the law applicable to those forces.

The power conferred by subsection (1) of this section shall be exercised only in respect of—

Except in time of war or other like emergency, a serviceman shall not be dealt with under paragraph (b) of subsection (4) of this section without his consent.

The power conferred on the Defence Council by section 6 of the Visiting Forces Act 1939 to place servicemen at the disposal of the service authorities of other parts of the Commonwealth for the purpose of being attached temporarily by those authorities to forces to which that section applies shall be exercised only in respect of—

Except in time of war or other like emergency, the Defence Council shall not deal with a serviceman under paragraph (b) of subsection (1) of this section without his consent.

There shall continue to be a department of State, known as the Ministry of Defence, which shall be under the control of the Minister of Defence and shall comprise the armed forces raised and maintained under section 4 of this Act, together with such persons as may from time to time be appointed to the Ministry pursuant to the State Services Act 1962.

The Acts specified in the First Schedule to this Act shall be administered in the Ministry of Defence.

There shall continue to be a council to be known as the New Zealand Defence Council, which shall consist of the following permanent members:

If at any time there is a vacancy in any of the positions specified in paragraphs (b) to (f) of section 18 of this Act, the Minister may designate a suitably qualified member of the Ministry of Defence to act as a temporary member of the Defence Council pending the filling of the vacancy.

Every person so appointed shall hold office at the pleasure of the Minister.

Subject to any directions of the Minister, a temporary member shall have and may exercise all the powers and duties of the member who has vacated office.

No acts done by a temporary member shall in any proceedings be questioned on the ground that the occasion for his so acting had ceased or had not arisen.

The Secretary to the Treasury and the Secretary of Foreign Affairs shall be associate members of the Defence Council.

The Defence Council may from time to time also appoint as an associate member of the council any other officer of a department of State.

Any associate member may attend any meeting of the Defence Council for the purpose of participating in the exercise of its functions under paragraph (c) of subsection (1) of section 21 of this Act.

While any associate member attends any meeting as an associate member of the Defence Council, he shall be entitled to participate in the proceedings of the council in the exercise of its functions referred to in subsection (3) of this section in like manner as any permanent member of the council.

Any appointment made under subsection (2) of this section may at any time be revoked by the council.

Subject to the provisions of this Act, the Defence Council shall have the following functions:

The Defence Council shall have such powers as may be reasonably necessary to enable it to carry out its functions effectively.

Nothing in this section shall affect or limit the functions and duties of the Secretary of Defence and the Chief of Defence Staff which they are required to discharge under this Act or any other Act.

The Minister shall be the chairman of the Defence Council.

The Chief of Defence Staff and the Secretary of Defence shall each be a deputy chairman of the Defence Council.

In the absence of the Minister from any meeting of the Defence Council, the appropriate deputy chairman shall preside. The Council may from time to time under subsection (7) of this section determine the circumstances in which for the purposes of this subsection the Chief of Defence Staff is to preside and the circumstances in which the Secretary of Defence is to preside.

No business shall be transacted at any meeting of the Council unless all the permanent members, other than the Minister, and any temporary members (or the representatives of the permanent and temporary members) are present.

Subject to section 23 of this Act, anything that may be done by resolution passed at a meeting of the Council may, unless any member (not being an associate member) requires it to be dealt with at a meeting of the Council, be done by the Council by means of a council memorandum signed by all the members of the Council (other than associate members).

The powers of the Council shall not be affected by any vacancy in its membership.

Except as provided in this section, the Council may regulate its procedure in such manner as it thinks fit.

No decision of the Defence Council on any matter determined by the Minister to be an important matter of principle or policy or administration shall have any force or effect, unless the Minister is a party to the decision or assents to it in writing or, in any case where the decision on any such matter is made by council memorandum, unless the Minister is an assenting signatory to the memorandum.

The Governor-General in Council may from time to time appoint an officer of the Armed Forces to be Chief of Defence Staff.

The Chief of Defence Staff shall hold such rank as the Governor-General in Council may determine.

In addition to the functions conferred on the Chief of Defence Staff by this or any other Act, he shall—

In the exercise of his functions, the Chief of Defence Staff may from time to time—

There shall for the purposes of this Act be a Secretary of Defence, who shall be appointed under the State Services Act 1962; and he shall, for the purposes of the State Services Act 1962, the Public Revenues Act 1953, and any other Act that makes provision in relation to permanent heads of departments of State, be the permanent head of the Ministry of Defence.

In addition to the functions conferred on the Secretary of Defence under this or any other Act, he shall—

Nothing in this section shall be construed as making the Secretary responsible for the command of the Armed Forces, but he may from time to time inspect or cause to be inspected all or any parts of the Armed Forces for the purpose of exercising his functions.

The Chief of Defence Staff and the Secretary of Defence shall jointly—

The Governor-General in Council may from time to time appoint an officer of the Royal New Zealand Navy to be Chief of Naval Staff who shall hold such rank as the Governor-General in Council may determine, and who shall—

The Governor-General in Council may from time to time appoint an officer of the Army to be Chief of General Staff who shall hold such rank as the Governor-General in Council may determine, and who shall—

The Governor-General in Council may from time to time appoint an officer of the Air Force to be Chief of Air Staff who shall hold such rank as the Governor-General in Council may determine, and who shall—

In performing his functions, each Chief of Staff may, after notifying the Chief of Defence Staff in that behalf, make such representations as he considers desirable or necessary to the Minister or, if he considers the circumstances to be exceptional, to any higher authority.

The officers for the time being controlling the personnel or support or as appropriate other staffs in the Ministry of Defence shall be responsible to each Chief of Staff to the extent necessary to enable him effectively to perform his functions.

In performing its functions and duties and exercising its powers, the Defence Council may from time to time, for the purposes of this Act, issue and promulgate Defence Council Orders, not inconsistent with this Act, the Armed Forces Discipline Act 1971, or any other Act.

Any officer or person duly authorised by the Defence Council, either by name or by appointment, may issue and promulgate Defence Council Orders.

The production of a document purporting to be a copy of a Defence Council Order and which includes a copy of the signature of the Secretary of Defence, or of any officer or other person duly authorised by the Defence Council to sign such copies, shall, in the absence of proof to the contrary, be sufficient evidence of the order in all courts and proceedings and for all other purposes.

All orders issued under this section shall come into force on such date as may be specified in the orders, being the date of the orders or any other date after the date on which they were issued:

Provided that any such orders relating to terms and conditions of service of servicemen and conferring benefits on any such servicemen may have effect from a date before the date of the issue of the orders.

The Minister may, from time to time by writing under his hand, either generally or particularly, delegate to the Defence Council or to any person employed in the Ministry of Defence any of his functions, duties, or powers, under this Act (except this power of delegation).

The Defence Council may, from time to time, either generally or particularly, delegate any of its functions, duties, or powers (including this power of delegation) to—

The Defence Council may, from time to time, either generally or particularly, delegate to any committee established by it any of its functions, duties, or powers (except this power of delegation).

The Chief of Defence Staff may, from time to time, by writing under his hand, either generally or particularly, delegate to any officer of the Armed Forces any of his functions, duties, or powers under this Act or any other Act or under any Defence Council Order (except this power of delegation).

The Secretary of Defence may, from time to time, by writing under his hand, either generally or particularly, delegate to any person employed in the Ministry of Defence any of his functions, duties, or powers under this Act or the Armed Forces Discipline Act 1971, or under any Defence Council Order (except this power of delegation).

Any Chief of Staff may, from time to time, by writing under his hand, either generally or particularly, delegate to any serviceman belonging or attached to the service which he commands any of his functions, duties, or powers under this Act or under any Defence Council Order (except this power of delegation).

A person to whom any delegation is made under this section may be referred to by name or may be the holder for the time being of any specified appointment.

Subject to any general or special directions given or conditions attached by the delegating authority, the committee or person to whom any functions, duties, or powers, have been delegated may exercise those functions, duties, or powers, as the case may be, in the same manner and to the same extent as if they had been directly conferred on the committee or person by this Act and not by delegation.

Any such delegation may at any time be revoked in whole or in part by the delegating authority, but no such revocation shall affect anything done under the delegation.

No delegation under this section shall prevent the exercise by the delegating authority of its or his functions, duties, or powers.

The fact that a committee or person purports to exercise any function, duty, or power pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be sufficient evidence that the committee or person is acting within the scope of the authority conferred by the delegation.

There shall continue to be a committee known as the Chiefs of Staff Committee which shall be a committee of the Defence Council, and shall consist of the following permanent members:

The committee shall have such functions, duties, and powers, not inconsistent with this Act, as the Defence Council may determine.

The Chief of Defence Staff shall be the convener and chairman of the committee. In the absence of the Chief of Defence Staff from any meeting of the committee, he shall appoint one of the permanent members to act as chairman.

The committee may from time to time appoint any officer of the Armed Forces or any other person employed in the service of the Crown to be an associate member of the committee. Any such appointment may at any time be revoked by resolution of the permanent members of the committee.

An associate member of the committee shall, subject to subsection (4) of this section, be entitled to participate in the proceedings of the committee in like manner as if he were a permanent member.

Where a meeting of the Chiefs of Staff Committee has been held, the Chief of Defence Staff shall tender to the Minister the agreed collective advice of that committee, except that if the members of the committee hold more than one opinion on any particular subject, he shall convey those opinions to the Minister and tender his advice in respect of them.

Subject to the provisions of this Act and of any directions given by the Defence Council, the committee may regulate its procedure in such manner as it thinks fit.

The Defence Council may from time to time establish one or more committees each consisting of two or more persons for such purposes contemplated by this Act as it may determine.

Where the council establishes a committee under subsection (1) of this section, it shall—

Any such committee may at any time be reconstituted or abolished by the Defence Council.

The Secretary of Defence and the Chief of Defence Staff, either individually or jointly, may from time to time establish one or more committees each consisting of two or more persons for such purposes contemplated by this Act as they or, where one of them is acting individually, he may determine.

Where the Secretary of Defence and Chief of Defence Staff jointly, or either of them individually, establishes a committee under subsection (1) of this section, they or he, as the case may be, shall—

Any such committee may at any time be reconstituted or abolished by the person or persons who established it.

In the absence from any meeting of any member of the Defence Council (including a temporary or associate member), or of any member of the Chiefs of Staff Committee (including an associate member), or of any member of a committee established under section 31 or section 32 of this Act, any person authorised by the absent member, either generally or in respect of any specified meeting (being in the case of a member who is an officer of a service, a serviceman of that service, and, in the case of a member who is employed in any department of State, a person employed in that department) may attend the meeting in his place as his representative.

While any person is attending any meeting under this section as a representative, he shall for all purposes be deemed to be a member of the Defence Council or committee, as the case may be:

Provided that any person who under this section attends any meeting of the Defence Council instead of the Chief of Defence Staff or of the Secretary of Defence shall not be deemed, by reason only of that fact, to be a deputy chairman of the Council.

Any person authorised under this section to attend meetings of the Defence Council as the representative of any member shall also be authorised to act for that member in relation to decisions by council memorandum.

The fact that any person attends and acts as a member of the council or committee at any such meeting or signs any council memorandum as the representative of any member shall be conclusive proof of his authority to do so.

The Chief of Defence Staff may from time to time, with the concurrence of the Minister, appoint an officer of the Armed Forces to be Deputy Chief of Defence Staff. Every such officer shall have such functions, duties, and powers as may be delegated or assigned to him by the Chief of Defence Staff, or the Secretary of Defence, or the Chief of Defence Staff and Secretary of Defence jointly.

There may be from time to time appointed under the State Services Act 1962 a Deputy Secretary of Defence who shall, subject to the provisions of this Act, have such functions, duties, and powers as may be delegated or assigned to him by the Secretary of Defence, or the Chief of Defence Staff, or the Secretary of Defence and Chief of Defence Staff jointly.

Subject to the provisions of this Act, the Governor-General may from time to time—

The Chief of Defence Staff shall cause notice of all appointments, commissions, and other acts done under this section to be notified in the Gazette.

Subject to Defence Council Orders and to section 39 of this Act, any person may be enlisted in the prescribed manner into the Navy, the Army, or the Air Force, except that an alien may be enlisted only with the prior consent of the Chief of Defence Staff.

Every person who is appointed to, or is enlisted or engaged in, the Navy, the Army, or the Air Force shall take and subscribe before a commissioned officer, or such other person as may be prescribed, an oath of allegiance to Her Majesty the Queen in such form as may be prescribed from time to time.

An oath of allegiance shall bind the serviceman subscribing it to serve in the service to which he is appointed, or in which he is engaged or enlisted, in accordance with the tenor of the oath until he is discharged, dismissed, or otherwise removed from the service.

Subject to the National Military Service Act 1961 and to section 14 of the Guardianship Act 1968, a minor shall not, unless he is or has been married, be eligible to enlist or be accepted for service in the Armed Forces if any of the persons referred to in subsection (2) of this section objects to the enlistment.

Any such objection may be made—

Provided that no such objection may be made by any parent or guardian who is for the time being under a disability.

Subject to section 14 of the Guardianship Act 1968, every application by a minor (being a minor who is not or has not been married) for enlistment in the Armed Forces shall be accompanied by a consent in writing obtained—

If any such application is not accompanied by the required consent, it shall be accompanied by a statement of the reasons as to why it has not or cannot be obtained.

The enlistment of any person pursuant to this section shall be binding on him notwithstanding anything to the contrary in the Minors Contracts Act 1969 or any other Act.

For the purposes of this section and of section 40 of this Act, a person shall be deemed to be under a disability if, by reason of his mental condition, he is unable to understand the nature of any objection or, as the case may be, any consent made or given for the purposes of this section or of the said section 40.

Subject to section 14 of the Guardianship Act 1968, a minor serving in the Army shall not, unless he is or has been married, be liable for active service outside New Zealand if any of the persons referred to in subsection (2) of this section objects to his being sent on active service outside New Zealand.

Any such objection may be made—

Provided that no such objection may be made by any parent or guardian who is for the time being under a disability.

Subject to section 14 of the Guardianship Act 1968, before any minor (being a minor who is not or has not been married) who is serving in the Army may be sent on or accepted for active service outside New Zealand, the Chief of Defence Staff shall cause to be obtained, in addition to the written consent of the minor, a consent in writing—

If no such consent is obtained or obtainable, the minor shall provide a statement of the reasons as to why the consent has not been or cannot be obtained.

Subject to the provisions of this Act, every naval officer, air force officer, rating, or airman who is a minor is, notwithstanding that he is a minor, liable for active service outside New Zealand.

No person who is serving under the provisions of the National Military Service Act 1961 shall be liable for active service outside New Zealand while he is under 20 years of age.

No officer or soldier of the Territorial Force of the New Zealand Army shall be liable for active service outside New Zealand while he is under 20 years of age.

No officer or rating of the Royal New Zealand Naval Reserve or of the Royal New Zealand Naval Volunteer Reserve, or officer or airman of the Territorial Air Force, shall be liable for service outside New Zealand while he is under 20 years of age, unless he has previously consented in writing to so serve.

Subject to sections 39 and 40 of this Act, all servicemen of the regular forces shall be liable at all times for service, either within New Zealand or elsewhere, subject to such conditions as may be prescribed.

An officer shall be liable to serve until he attains the prescribed compulsory retiring age for his rank or until the period for which he has been appointed expires, whichever first occurs:

Provided that, subject to such conditions as may be prescribed, an officer may, with his written consent, be reappointed on or after his attaining the retiring age prescribed for his rank.

Ratings, soldiers, and airmen may be engaged for such periods and subject to such conditions as may be prescribed.

Every rating, soldier, and airman shall be liable to serve for the period of his engagement.

Notwithstanding the provisions of subsections (1) to (4) of this section,—

Subject to the provisions of the National Military Service Act 1961 and of section 41 of this Act,—

The terms and conditions of service and training in the reserve forces shall be such as may be prescribed from time to time.

In time of war or other like emergency, the Governor-General may, by Proclamation, transfer the reserve forces, or any specified part of those forces, to the regular forces or the territorial forces; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, during the continuance of the state of war or emergency for such period as the Defence Council may determine.

For the purposes of this Act, any part of the Armed Forces is on active service when—

For the purposes of this Act, every serviceman is on active service when—

No person or part of the Armed Forces that is for the time being on active service shall cease to be on active service until the issue of an active service order to that effect.

The pay, allowances, expenses, grants, bonuses, gratuities, and leave, and any other conditions of employment specified in section 4 of the State Services Remuneration and Conditions of Employment Act 1969, applicable in respect of servicemen shall be determined in accordance with the provisions of that Act.

Without limiting the power to make regulations under section 88 of this Act, regulations may be made under that section, not inconsistent with this Act, the Superannuation Act 1956, or the War Pensions Act 1954, relating to all or any of the following matters:

Without limiting the power of the Defence Council to issue orders under section 28 of this Act, orders may be issued under that section, not inconsistent with sections 46 and 47 of this Act or with any other Act, for all or any of the following purposes:

All determinations made under section 46 and all regulations referred to in section 47 of this Act shall, in addition to any other instrument in which they may be published, notified, or promulgated, be published in Defence Council Orders:

Provided that failure to publish any such determination or regulations in Defence Council Orders as aforesaid shall not of itself affect the validity of the determination or regulations, as the case may be.

Except in respect of a matter that would properly be the subject of an appeal under the Courts Martial Appeals Act 1953, or a petition under section 162 of the Armed Forces Discipline Act 1971, any serviceman who considers that he has been wronged in any matter whatsoever may make a complaint as of right to such service authority and in such manner as may be prescribed in Defence Council Orders.

If the complainant is not satisfied with the decision of the authority to whom his complaint was made, and that authority refuses or fails, when requested to do so, to forward the complaint to the next superior authority, the complainant shall be entitled to make a complaint direct to the next superior authority, and, in the case of any further refusal or failure, to the next superior authority, and so on as prescribed.

It is the duty of any authority receiving a complaint under this section to investigate it or have it investigated as soon as practicable and to take such steps for redressing the complaint as appear to that authority to be necessary.

The Defence Council may from time to time appoint officers of the Armed Forces to enter into indentures of apprenticeship with servicemen to enable those servicemen to learn trades subject to such terms and conditions as may be prescribed from time to time, and to supervise the trade training of those servicemen.

Without limiting the provisions of paragraph (b) of section 43 and subsection (2) of section 44, but subject to sections 39 to 41 of this Act, the Governor-General may accept the offer of any serviceman of the territorial forces or reserve forces, or any other person (not being a minor) for special service, either in New Zealand or elsewhere.

On any such offer being accepted, the serviceman or other person shall be accordingly liable to serve, whenever required, during the period to which the offer extends.

Where a person has accepted pay (whether before or after the commencement of this Act) as a serviceman of the regular forces without having been properly attested for service, the following provisions shall apply:

Subject to the approval of the Chief of Staff of the service to which the applicant belongs, any serviceman of the regular forces may, at any time before completion of the period of service for which he was appointed, enlisted, or engaged, obtain, on application in writing, his discharge or his transfer to the reserve forces of the service to which he belongs.

Subject to paragraph (b) of subsection (5) of section 42 of this Act, the Chief of Staff may approve such an application subject to such terms and conditions as may be prescribed and, except in the case of a serviceman who has completed more than 8 years’ service, subject to payment of such amount as may be determined by the Chief of Staff, not exceeding the amount prescribed.

Notwithstanding anything in subsection (2) of this section, the serviceman shall be required to complete any obligatory period of service, being a condition imposed before an overseas posting or any specially designated training.

The amount that may be prescribed under subsection (2) of this section shall not exceed—

Any amount payable by a serviceman under subsection (2) of this section shall be in addition to any amount payable by him to the Crown under any bond, agreement, or contract entered into for any special purpose.

Every amount paid by a serviceman on his discharge under this section shall be paid into the Consolidated Revenue Account.

For the purposes of this section, the term “service authority” means—

The Defence Council may from time to time establish, or authorise the establishment of, such funds under such names as it thinks fit for—

The Chief of Naval Staff may from time to time establish, or authorise the establishment of, such funds under such names as he thinks fit for—

The Chief of General Staff may from time to time establish, or authorise the establishment of, such funds under such names as he thinks fit for—

The Chief of Air Staff may from time to time establish, or authorise the establishment of, such funds under such names as he thinks fit for—

Without limiting the provisions of subsections (2) to (5) of this section, money forming part of any fund established under this section may from time to time, with the prior consent of the appropriate service authority, be spent on the acquisition of any land (whether Crown land or otherwise) to be held for any of the objects of the fund. Notwithstanding anything in any enactment or rule of law, any land so acquired may be vested in and held in the name of Her Majesty the Queen for the purposes of this section.

Any land so acquired may, with the prior consent of the appropriate service authority, be disposed of for valuable consideration, and on any such disposal, the land shall cease to be subject to this section. The proceeds of any such disposition shall be held for the purposes of the fund from winch the money for the acquisition of the land was expended.

All documents required to be executed for the purposes of subsection (6) or subsection (7) of this section by or on behalf of the Crown may be executed by the Secretary of Defence or the Chief of Defence Staff.

Without limiting the power of the Defence Council to issue orders under section 28 of this Act, orders may be issued under that section prescribing rules for the administration, supervision, accounting, and auditing of any fund established under this section.

The appropriate service authority may from time to time vary the objects of any such fund, or abolish any such fund and transfer 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.

Notwithstanding anything in the Public Revenues Act 1953, the assets of any fund established under this section shall be deemed not to be public money or public stores within the meaning of that Act:

Provided that the accounts of any such fund may, if considered desirable by the Controller and Auditor-General, 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 money and public stores.

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 an employee of the Crown or by reason of any other cause whatsoever.

The provisions of this section shall apply with respect to all funds established before the passing of this Act for any of the purposes specified in subsections (2) to (5) of this section and in existence at the passing of this Act as if they had been established 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, and that decision shall be final.

Where any part of any service of the Armed Forces has been abolished, altered, or reconstituted, whether before or after the commencement of this Act, its non-public funds and all of its other property shall be disposed of, transferred, or held by the appropriate service authority for such purposes as are authorised by subsections (2) to (5) of this section, as the authority may determine, having due regard to the purposes for which the funds were established or the property was given or acquired, as the case may be, and to any conditions specifically imposed by any person from whom any property or any money in the funds was received.

Nothing in the Sale of Liquor Act 1962 shall prohibit or restrict the sale, keeping for sale, exposing for sale, offering for sale, supply, possession, control, or consumption of liquor in any canteen or mess where consumption and possession of liquor is authorised by any enactment or by or under the authority of the Defence Council, or in any other place within a naval ship or defence area where consumption and possession of liquor is authorised by any enactment or by or under the authority of the Defence Council or by the officer commanding the ship or area, as the case may be.

There may from time to time be raised and maintained under the direction of the Defence Council cadet forces, comprising the Sea Cadet Corps, the School Cadet Corps, and the Air Training Corps.

The Minister may from time to time—

All cadet forces raised and maintained under any enactment repealed by this Act and in being immediately before the commencement of this Act shall continue in being as if they had been raised under this section, except that the Cadet Corps constituted under section 8 of the New Zealand Army Act 1950 shall hereafter be referred to as the School Cadet Corps.

The Sea Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such sea cadets as from time to time become members of, the Corps.

The School Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such school cadets as from time to time become members of, the Corps.

The Air Training Corps shall consist of such cadet officers as are from time to time appointed to, and such air cadets as from time to time become members of, the Corps.

The Minister may from time to time—

The cadet forces shall have the following functions:

The Minister of Defence may from time to time, subject to such conditions and limitations as he may decide—

When a serviceman is engaged in directing, supervising, or assisting a unit of the cadet forces, he shall be deemed to be on duty.

The terms and conditions of services of cadet officers and other members of the cadet forces determined by the Minister under subsection (1) of this section shall be promulgated in such a manner as the Minister directs.

Nothing in Part II of this Act or in the Armed Forces Discipline Act 1971, the State Services Remuneration and Conditions of Employment Act 1969, or the Superannuation Act 1956 shall apply in respect of any member of the cadet forces.

If any member of a unit of the cadet forces which is conducting a training course or training programme or any other activity within a defence area refuses or fails to comply with the lawful orders or instructions of any serviceman directing or supervising, or assisting in the direction or supervision of, the course, programme, or other activity, that serviceman or any other serviceman acting under his authority may remove the member of the unit from the area.

All the provisions of the War Pensions Act 1954, so far as they are applicable and with any necessary modifications, shall apply to every member of the cadet forces for the time being participating in any activity being carried on by the unit of which he is a member as if he were a member of the farces as defined in section 2 of that Act.

Section 9 of the Crown Proceedings Act 1950 shall apply to every member of the cadet forces as if he were a member of the New Zealand armed forces within the meaning of that section, and as if participation by him in any activity carried on by the unit of which he is a member were service in the forces.

The Minister may from time to time recognise for the purposes of this section any civilian organisation which has as its object or as one of its objects the promotion of the functions or interests of any corps or unit of the cadet forces for the purpose of permitting that organisation to assist the corps or unit to carry out its functions or activities.

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200, or to both, who, in New Zealand or elsewhere, falsely represents himself to any naval, army, air force, or civil authority to be a deserter from the Armed Forces of New Zealand.

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both, who, in New Zealand or elsewhere,—

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both, who, in New Zealand or elsewhere, intentionally or recklessly obstructs or interferes with any serviceman acting in the execution of his duty.

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $100, or to both, who, in New Zealand, intentionally or recklessly interrupts or obstructs any military exercise or parade of any part of the Armed Forces.

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $500, or to both, who, in New Zealand or elsewhere,—

For the purposes of subsection (1) of this section, the term “service penal establishment” includes any prison, naval detention quarters, military or air force prison, detention barrack, corrective training centre, prisoner of war camp, detention room, cell, or similar establishment set aside by the Defence Council either in New Zealand or elsewhere for the confinement of persons subject to the Armed Forces Discipline Act 1971 or for the confinement of members of an allied force.

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both, who, in New Zealand or elsewhere,—

with intent to enable him, either permanently or temporarily, to avoid service in the Armed Forces.

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both, who, in New Zealand or elsewhere,—

In any proceedings for an offence against subsection (1) of this section, it is a defence if the defendant proves that he did not know that the chattels in question were service stores.

A constable in New Zealand may seize any property which he has reasonable grounds for suspecting of having been the subject of the offence.

In this section,—

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $500, or to both, who, in New Zealand or elsewhere, makes any statement knowing it to be false, or knowingly withholds any required information, for the purposes of obtaining payment of any amount by way of pay, allowance, or gratuity under this Act, whether as a dependant of a serviceman or otherwise, or for the purpose of obtaining any decoration, emblem, or award issued for gallantry or service in the Armed Forces.

If, as a consequence of the commission of an offence against this section, any amount is paid to a dependant of a serviceman, or to any other person for the time being entitled to receive it, in excess of the amount to which the dependant or other person is entitled, the amount paid in excess, or any part of the amount, may be recovered from the dependant or other person out of money payable to him by the Crown but not yet paid, or out of money to become payable to him by the Crown, or may be recovered as a debt due to the Crown.

Every person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for his permanent retention shall, on being required to do so by a notice in writing purporting to be signed by a person employed in the Ministry of Defence and delivered to him personally or posted by registered letter to his place of residence, return the property to such person and within such reasonable time as may be specified in the notice.

If any person to whom any such notice has been delivered fails, without lawful excuse, to return any such property as required by the notice, he commits an offence and is liable on summary conviction to a fine not exceeding $200.

If any person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for his permanent retention—

the property, he commits an offence, and is liable on summary conviction to a fine, not exceeding $200.

Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $200, or to both, who in New Zealand—

that he knows to be false concerning any matter in respect of which he is required by or under this Act to render any such certificate, return, or statement.

Every person commits an offence, and is liable on summary conviction to a fine not exceeding $100, who, in New Zealand,—

Any officer or non-commissioned officer who has reasonable grounds to suspect that an offence against subsection (1) of this section is being or has been committed, with or without persons under his command, may—

Any officer or non-commissioned officer or any constable may, with or without a warrant, apprehend or cause to be apprehended any person whom he has reasonable grounds to suspect is committing or has committed an offence against this section, and bring him or cause him to be brought before a Magistrate to be dealt with for the suspected offence:

Provided that if any such person is subject to the Armed Forces Discipline Act 1971, he shall be dealt with in accordance with the corresponding provisions of that Act.

Any liquor seized under the authority of this section shall, on the conviction of the person from whom the liquor was seized, together with any receptacles holding the liquor, be forfeited to the Crown. The liquor and receptacles so forfeited shall then be sold by public auction and the proceeds of sale shall be paid into the Consolidated Revenue Account.

For the purposes of this section, the term “defence area” does not include any road, street, or other thoroughfare through which members of the general public are authorised to pass.

Any document which would be evidence in any proceedings under the Armed Forces Discipline Act 1971 by virtue of subsection (2) of section 147 of that Act shall, in like manner, be evidence in proceedings under this Part of this Act.

As soon as practicable after the end of the period of 12 months ending with the 31st day of March in each year, the Minister shall cause to be prepared a report of the operations of the Ministry of Defence during that period.

A copy of the report shall be laid before Parliament within 28 days after the completion of its preparation and printing or, if Parliament is not then in session, within 28 days after the commencement of the next ensuing session.

The Minister (acting in the name and on behalf of Her Majesty the Queen) and the Auckland Harbour Board may from time to time make, enforce, and perform such contracts as they think fit with each other and any other persons in relation to the Calliope Dock at Auckland and any land adjacent or near to the dock, and any real or personal property, works, and services in connection with the dock.

Without limiting in any way the powers conferred by subsection (1) of this section, contracts may be made under this section for all or any of the following purposes:

If the Minister considers that it is in the public interest to do so, he may authorise any part of the Armed Forces to perform any public service capable of being performed by the Armed Forces, either in New Zealand or elsewhere, subject to such terms and conditions (including payment) as he may specify.

The Minister shall not authorise any part of the Armed Forces to perform any public service in New Zealand pursuant to subsection (1) of this section in circumstances such that a Proclamation of Emergency could lawfully be issued under the Public Safety Conservation Act 1932, unless such a Proclamation is for the time being in force.

Any authority given under subsection (1) of this section may authorise any ships, aircraft, vehicles, or equipment of the Armed Forces to be operated in connection with the performance of any such public service.

If any such ship, aircraft, vehicle, or equipment is operated for payment otherwise than for or on behalf of the military authorities of any other State, it shall, for the purposes of any other Act relating to the carriage of passengers or goods, be deemed not to be in use for military purposes.

Any payment made for the performance of any public service under this section shall be paid into the Consolidated Revenue Account.

Subject to subsection (4) of this section, the conveyance of passengers or goods under this section for payment shall be subject to the Carriers Act 1948, the Sea Carriage of Goods Act 1940, and the Carriage by Air Act 1967, and, so far as those Acts make no provision, the common law.

All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to the Armed Forces shall be presumed to remain the property of the Crown in the absence of proof to the contrary.

All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to any serviceman shall, unless issued to him for retention by him permanently, be presumed to remain the property of the Crown in the absence of proof to the contrary.

All property of the Crown of any kind for the time being in the possession of a serviceman shall be exempt from distress and from seizure in execution.

Without limiting the power to make regulations under section 88 of this Act, regulations may be made under that section prohibiting access or restricting access, on such conditions as may be prescribed, of any person to any defence area, and making such provision as may be necessary or expedient for the control and security of any such area.

Regulations made pursuant to subsection (1) of this section may include provisions—

If any amount in respect of pay, allowances, or other emoluments is paid to a serviceman or discharged serviceman, or to the dependant of any serviceman or any deceased or discharged serviceman, or to any other person for the time being entitled to receive any pay, allowance, or other emolument on behalf of any such serviceman or discharged serviceman or any such dependant, in excess of the amount to which the serviceman, discharged serviceman, dependant, or other person is entitled under this Act, the amount so paid in excess or any part of it may be recovered from the serviceman, discharged serviceman, dependant, or other person, as the case may be, in accordance with instructions issued under the authority of section 119 of the Public Revenues Act 1953.

All money comprising the Nelson Rifle Prize Fund (in this section referred to as the “fund”) held in trust by the Public Trustee pursuant to section 34 of the Finance Act 1954 immediately before the commencement of this Act shall continue to be held and invested by the Public Trustee in the Common Fund of the Public Trust Office in perpetuity; and the Public Trustee shall continue to apply the income arising from the fund in accordance with the provisions of this section.

The Public Trustee shall continue to apply the income arising from the fund from time to time in such sums and in such manner as the Secretary of Defence from time to time in writing directs for all or any of the following purposes:

The Public Trustee shall not be liable at law or in equity for acting on any such direction of the Secretary of Defence.

Notwithstanding anything to the contrary in any other enactment or in any rule of law, any income arising from the fund, whether before or after the commencement of this Act, and not for the time being applied for any of the purposes specified in subsection (2) of this section, and the resulting income thereof, shall be accumulated and added to the capital of the fund, of which it shall thereafter form part, and shall be subject to the provisions of this section relating to the capital of the fund:

Provided that any such income may from time to time be applied under this section as if it were income arising from the fund in the year in which it is so applied.

The receipt of—

shall be a good and sufficient discharge to the Public Trustee for any money expended under this section for or in respect of that formation, unit, club, or association, as the case may be, or for or in respect of any member of any such formation, unit, club, or association; and the Public Trustee shall not be liable either at law or in equity to ensure that any such money is expended for the purpose for which it is intended to be applied.

In this section, the term “rifle club” and “rifle association” mean respectively a rifle club and a rifle association recognised by the Secretary of Defence.

Where the holder of an office or appointment, having delegated (either before or after the commencement of this Act) a function, duty, or power pursuant to this Act or the Armed Forces Discipline Act 1971 or any enactment repealed by this Act or the said Armed Forces Discipline Act and not having revoked that delegation, ceases to hold that office or appointment, the delegation—

Where a function, duty, or power has been delegated (either before or after the commencement of this Act) to the holder of an office or appointment pursuant to this Act or the Armed Forces Discipline Act 1971 or any enactment repealed by this Act or the said Armed Forces Discipline Act and the delegation has not been revoked, the delegation shall be deemed not to have lapsed by reason only of the fact that the holder of the office or appointment has ceased to hold that office or appointment, and shall continue in force as if it had been made to his successor in that office or appointment.

Except as may be prescribed from time to time, any order, direction, instruction, or decision required or authorised by or under this Act or by or under the Armed Forces Discipline Act 1971 to be made, given, or executed by a person who is employed in the Ministry of Defence may be made, given, or executed by any person authorised by or under this Act for the purpose; and any instrument containing any such order, direction, instruction, or decision and purporting to be signed by a person stated in the instrument to be so authorised shall, in the absence of proof to the contrary, be evidence in all courts and proceedings and for all other purposes that the person who signed it had the necessary authority to do so.

All Proclamations, Orders in Council, and warrants relating to the Armed Forces shall be deemed to be sufficiently notified to all persons whom they purport to affect by being published in the Gazette.

All orders given under the authority of or in execution of this Act or under the Armed Forces Discipline Act 1971 by any officer of the Armed Forces shall be valid and effectual if given orally, or by advertisement in a newspaper circulating in the locality, or by a printed or written notice affixed at a place previously appointed for the purpose, or issued in any other manner customary in the Armed Forces, except in cases where this Act or the Armed Forces Discipline Act 1971 specially requires any such order to be in writing.

An order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of any such deviation.

The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes:

All regulations made under this section shall come into force on such date as may be specified in the regulations, being the date of the regulations or on any other date after the date on which they were made:

Provided that any such regulations which confer a benefit on any person may have effect from a date before the date on which the regulations were made.

Any such regulations may relate to the Armed Forces generally or to any specified part of the Armed Forces.

The enactments specified in the Second Schedule to this Act are hereby amended in the manner indicated in that Schedule.

The enactments specified in the Third Schedule to this Act are hereby repealed.

Every reference in any Act to the New Zealand Naval Forces or the Naval Forces, or to the New Zealand Army or the Army, or to the Royal New Zealand Air Force or the Air Force means the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, as the case may be, constituted under section 5 of this Act.

Every reference to the New Zealand Naval Board, the New Zealand Navy Board, the Naval Board of New Zealand, or the Naval Board of the New Zealand Defence Council in any Act, regulations, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the New Zealand Defence Council.

Every reference to the Army Board or the Army Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the New Zealand Defence Council.

Every reference to the Air Board or the Air Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the New Zealand Defence Council.

All orders or instructions issued by or under the authority of the Naval Board or the Naval Board of the New Zealand Defence Council, the Army Board or the Army Board of the New Zealand Defence Council, or the Air Board or the Air Board of the New Zealand Defence Council which are in force immediately before the commencement of this Act shall, until revoked by the Defence Council, continue in force as if they were Defence Council Orders issued under section 28 of this Act. Any such orders or instructions may from time to time be amended by the Defence Council.

Notwithstanding the repeal of section 16 of the Navy Act 1954, all the provisions of Parts I, III, IV, V, VI, VII, VIII, and IX of, and the First Schedule to, the Navy Regulations 1958 (S.R. 1958/3) shall, until revoked, continue in force as if they had been authorised by and made under this Act.

Notwithstanding the repeal of section 17 of the New Zealand Army Act 1950, all the provisions of Parts I, VI, VII, VIII, and X, and Part XI (except regulations 131 to 135) of the Army Regulations 1951 (S.R. 1951/272) shall, until revoked, continue in force as if they had been authorised by and made under this Act.

Notwithstanding the repeal of section 16 of the Royal New Zealand Air Force Act 1950, all the provisions of the Royal New Zealand Air Force Regulations 1968 (S.R. 1968/233), except the provisions of Part I, shall, until revoked, continue in force as if they had been authorised by and made under this Act.

The regulations continued in force by subsections (8), (9), and (10) of this section may from time to time be amended in the same manner as if they had been authorised by and made under this Act.

All matters and proceedings commenced under any enactment repealed by this section and pending or in progress at the commencement of this Act may, for the purpose of completing the matter or proceedings, be continued under the said enactment as if the enactment had not been repealed.

Every reference in this Act to the Armed Forces Discipline Act 1971 shall, until the commencement of that Act, be construed as a reference to the corresponding provision or provisions (if any) in the Navy Act 1954, the Naval Discipline Act 1957 of the Parliament of the United Kingdom, the New Zealand Army Act 1950, or the Royal New Zealand Air Force Act 1950, as the case may require.

On the commencement of this Act—

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of the Defence Act 1964 shall not affect the amendments to the Parliamentary Commissioner (Ombudsman) Act 1962 and the State Services Act 1962 made by subsection (1) of section 26 of the Defence Act 1964.