Provision of public services by Armed Forces

Use of Armed Forces to assist the civil power

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Defence Amendment Act 1987

Public Act		1987 No 180
Date of assent		20 July 1987

	Title
1	Short Title and commencement
2	Provision of public services by Armed Forces
3	Use of Armed Forces to assist the civil power
	Administrative information

An Act to amend the Defence Act 1971

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Defence Amendment Act 1987, 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 September 1987.

2 Provision of public services by Armed Forces

Section 79(2) of the principal Act is hereby repealed.

3 Use of Armed Forces to assist the civil power

The principal Act is hereby amended by inserting, after section 79, the following section:

“79a

“(1)

Subject to subsection (2) of this section, where an emergency in which any person is threatening, causing, or attempting to cause—

“(a)

The death of, or serious injury or serious harm to, any person or persons; or

“(b)

The destruction of, or serious damage or serious injury to, any property—

is occurring in any area, the Prime Minister, or (if the Prime Minister is for any reason unavailable) the Deputy Prime Minister, or (if both the Prime Minister and the Deputy Prime Minister are for any reason unavailable) the next highest ranked Minister of the Crown available may, after consultation (where practicable) with the Minister, authorise any part of the Armed Forces to assist the Police to deal with the emergency.

“(2)

The Prime Minister or, as the case may require, the Deputy Prime Minister or the next highest ranked Minister of the Crown shall not give any authority under subsection (1) of this section unless the Prime Minister or, as the case may require, the Deputy Prime Minister or that Minister of the Crown is satisfied, on information provided by the Commissioner of Police or a Deputy Commissioner of Police, that the emergency cannot be dealt with by the Police without the assistance of the Armed Forces.

“(3)

Every part of the Armed Forces authorised to assist the Police pursuant to subsection (1) of this section shall, in providing such assistance, act at, and in accordance with, the request of the member of the Police who is in charge of operations in respect of that emergency.

“(4)

For the purposes of civil and criminal liability, every member of the Armed Forces shall, while acting in accordance with any request given pursuant to subsection (3) of this section, be treated as if that member were a member of the Police.

“(5)

Where any authority is given pursuant to subsection (1) of this section, the Minister of the Crown who gave that authority shall inform the House of Representatives that that authority has been given, and of the reasons why it was given,—

“(a)

Forthwith, if the House of Representatives is then sitting; or

“(b)

If the House of Representatives is not then sitting, at the earliest practicable opportunity.

“(6)

Any authority given pursuant to subsection (1) of this section shall lapse after the expiration of 14 days after the day when it was given unless—

“(a)

The House of Representatives passes a resolution providing for the extension of that authority for such period as is specified in the resolution; or

“(b)

If, when any authority is given pursuant to subsection (1) of this section, Parliament has been dissolved or has expired and no Proclamation has been made summoning Parliament to meet on a day not later than the day on which that authority would expire, the Governor-General, by Proclamation approved in Executive Council, where the Governor-General is satisfied that it is necessary to extend that authority, extends that authority for such period as is specified in that Proclamation.”

This Act is administered in the Ministry of Defence.

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Defence Amendment Act 1987