This Act may be cited as the Defence Amendment Act 1985, and shall be read together with and deemed part of the Defence Act 1971 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 1st day of January 1986.

2 Interpretation

(1)

Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “cadet forces”, and substituting the following definition:

“‘Cadet forces’ means the Sea Cadet Corps, the New Zealand Cadet Corps, and the Air Training Corps collectively; and includes any part of those forces:”.

(2)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the term “leading aircraftman”, and substituting the following definition:

“‘Leading aircraftman’ includes an aircraftman, a general service hand, and an air force cadet:”.

(3)

Section 2(1) of the principal Act is hereby further amended by inserting, after the definition of the term “Navy”, the following definition:

“‘New Zealand Cadet’ means any person, other than a cadet officer, who is a member of the New Zealand Cadet Corps; and includes an under-officer or any other non-commissioned officer of the New Zealand Cadet Corps; but does not include a serviceman:”.

(4)

Section 2(1) of the principal Act is hereby further amended by omitting from paragraph (b) of the definition of the term “non-commissioned officer”, and also from paragraph (c) of that definition, the words “commissioned officer”, and substituting in each case the words “officer cadet”.

(5)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the term “officer”, and substituting the following definition:

“‘Officer’ means—

“(a)

In relation to the Navy, a person (whether a man or a woman) who is of or above the rank of midshipman or is a chaplain in the Navy; and includes—

“(i)

An officer of the Army or the Air Force attached to the Navy or any part of it; and

“(ii)

Any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Navy:

“(b)

In relation to the Army, a person (whether a man or a woman) who is of or above the rank of officer cadet or is a. chaplain in the Army; and includes—

“(i)

An officer of the Navy or the Air Force attached to the Army or any part of it; and

“(ii)

Any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Army:

“(c)

In relation to the Air Force, a person (whether a man or a woman) who is of or above the rank of officer cadet or is a chaplain in the Air Force; and includes—

“(i)

An officer of the Navy or the Army attached to the Air Force or any part of it; and

“(ii)

Any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Air Force:”.

(6)

Section 2(1) of the principal Act is hereby further amended by omitting from the definition of the term “private” the words and includes the equivalent women’s ranks in the Army”.

(7)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the term “school cadet”.

(8)

Section 2(1) of the principal Act is hereby further amended by omitting from the definition of the term “warrant officer” the words “and includes the equivalent women’s ranks in the Navy, the Army, and the Air Force”.

(9)

The Defence Amendment Act 1982 is hereby consequentially repealed.

3 Transfer for employment with other forces

(1)

Section 15(1) of the principal Act is hereby amended by adding the words “, or of any other organisation or association of States in which New Zealand is participating”.

(2)

Section 15(2) of the principal Act is hereby consequentially amended by inserting, after the words “or the United Nations”, the words “or the other organisation or association of States”.

4 Secretary of Defence

Section 25 of the principal Act is hereby amended by adding the following subsections:

“(4)

The Secretary shall have all such other powers as may be reasonably necessary to enable the Secretary to perform effectively the functions and duties imposed on the Secretary by this Act or any other enactment.

“(5)

Without limiting the generality of subsection (4) of this section, in the performance of any such function or duty the Secretary may—

“(a)

Enter into any contract, agreement, or arrangement with any other person; and

“(b)

Grant any lease, licence, or easement to any other person of or over any land under the control of the Ministry of Defence.”

5 Deputy Secretary of Defence

Section 34 of the principal Act is hereby amended by adding the following subsections:

“(3)

On the occurrence from any cause of a vacancy in the office of Secretary (whether by reason of death, resignation, or otherwise), and in the case of the absence from duty of the Secretary (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Secretary shall have and may exercise all the powers, duties, and functions of the Secretary.

“(4)

The fact that the Deputy Secretary exercises any power, duty, or function of the Secretary shall be conclusive evidence of the Deputy Secretary’s authority to do so.”

6 Active service

Section 45(1) of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraphs:

“(b)

It is engaged in any operation against the enemy; or

“(c)

It is in armed occupation of any foreign country.”

7 Defence Council Orders fixing certain terms and conditions of service

Section 48 of the principal Act is hereby amended by inserting, after paragraph (f), the following paragraph:

“(fa)

Prescribing the nature, extent, terms, and conditions of return of service obligations to be fulfilled by servicemen in respect of any specified training or exchange service:”.

8 Notice while subject to disciplinary proceedings

Section 54e of the principal Act (as substituted by section 5 of the Defence Amendment Act 1980) is hereby amended by inserting in subsection (3), after the words “of this Act”, the words “but subject to subsection (2)(b) of this section”.

9 Cadet forces

(1)

The principal Act is hereby amended by omitting the term “School Cadet Corps” wherever it occurs in subsections (1), (2), and (3) of section 57, subsection (2) of section 58, and paragraph (a) of section 59 of the principal Act, and substituting in each case the term “New Zealand Cadet Corps”.

(2)

Section 58(2) of the principal Act is hereby amended by omitting the term “school cadets”, and substituting the term “New Zealand cadets”.

(3)

All units raised, maintained, and in being as part of the School Cadet Corps immediately before the commencement of this Act shall continue in being as if they were units of the New Zealand Cadet Corps.

10 Security of defence areas

(1)

Section 81(2)(b) of the principal Act is hereby amended by omitting the word “property” wherever it occurs, and substituting in each case the word “thing”.

(2)

Section 81(2) of the principal Act is hereby further amended by inserting, after paragraph (d), the following paragraph:

“(da)

Authorising any such officer, serviceman, or civilian employee to remove any person who, without lawful excuse, refuses or fails to comply with any direction to leave the area:”.

This Act is administered in the Ministry of Defence.

Defence Amendment Act 1985