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

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 any armed forces raised and maintained under section 5 as pertain to the office of Commander-in-Chief.

Nothing in this section or in section 5 shall affect any power vested in the Governor-General apart from this Act.

For the purposes of the general responsibility of the Minister in relation to the defence of New Zealand, the Minister shall have the power of control of the New Zealand Defence Force, which shall be exercised through the Chief of Defence Force.

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

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

The Chief of Defence Force shall—

Subject to the succeeding provisions of this section, the Armed Forces may be used in New Zealand or elsewhere—

No part of the Armed Forces shall be used to provide any public service in connection with an industrial dispute except in accordance with the written authority of the Minister, and that authority shall specify the part or parts of the Armed Forces that may be used and the public service or public services that may be provided.

No part of the Armed Forces shall be used to provide assistance to the civil power in the circumstances described in paragraphs (a) and (b) of subsection (4) except in accordance with an authority given by the Prime Minister or another Minister under that subsection.

Where the Prime Minister or, if the Prime Minister is unavailable, the next most senior Minister available is satisfied, on information supplied by the Commissioner of Police or a Deputy Commissioner of Police,—

the Prime Minister or the other Minister may authorise any part of the Armed Forces so to assist the Police in dealing with the emergency.

Every part of the Armed Forces that is assisting the Police in accordance with an authority given under subsection (4) shall act at the request of the constable who is in charge of the operations in respect of the emergency.

Every member of any such part of the Armed Forces—

The Minister of Defence or the Prime Minister or other Minister granting any authority under subsection (2) or subsection (4) shall inform the House of Representatives, forthwith if the House is then sitting or at the earliest practicable time if it is not, that the authority has been given and of the reasons for giving it, and, if the authority was given in writing, shall lay a copy of it before the House.

Any authority given under subsection (2) lapses 30 days after it is given and any authority given under subsection (4) lapses 14 days after it is given unless—

Despite subsection (8)(a), if the House of Representatives is adjourned before or after an authority is given under subsection (2) and does not or will not reconvene before that authority would otherwise lapse, the authority is automatically extended until the next sitting day of the House.

No part of the Armed Forces may be used to perform work of the Civil Staff in connection with an industrial dispute except in accordance with the authority of the Minister.

The Minister may grant an authority under subsection (1) if the Minister believes on reasonable grounds that—

An authority under this section must be in writing and must specify—

Subsection (2)—

The Chief of Defence Force must inform the Civil Staff whose work is to be performed by the Armed Forces, and their union, that an authority has been given under this section.

The Minister must inform the House of Representatives (immediately if the House is then sitting or at the earliest practicable time if it is not) that an authority has been given under this section and of the reasons for giving it.

The Minister is not required to share any sensitive information relating to the authority as part of the notification required to be given under subsection (6).

The Minister may, by notice in writing, if satisfied that the circumstances under subsection (2) still apply at the end of the period specified under subsection (3)(b), extend the period for which the authority applies for a further specified period.

Subsections (5) to (7) apply to an extension of an authority under subsection (8) as if every reference to an authority were a reference to an extension of the authority.

Where the Minister is satisfied—

the Minister may authorise the Chief of Defence Force to exercise the powers conferred by subsection (2) in respect of any specified property or type of property referred to in that subsection.

The Chief of Defence Force may, where so authorised by the Minister under subsection (1), requisition—

in connection with an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces.

Subject to subsection (4), in exercising the powers conferred by subsection (2), the Chief of Defence Force shall give to the owner or person in control of the requisitioned property a written statement specifying the property and requiring it to be placed forthwith under the control of a member of the Defence Force.

Where the owner or other person in control of the requisitioned property cannot be found immediately, the Chief of Defence Force—

Where any requisitioned property has come under the control of any part of the Defence Force under this section, there shall be payable, out of money appropriated by Parliament, to any person having an interest in the property, just compensation for its use, including any loss, injury, or damage suffered by that person and arising out of that control.

Any court of competent jurisdiction may determine any dispute about the liability of the Crown to pay any compensation under this section, or the amount of any such compensation, or the entitlement of any person to all or part of any compensation payable.

There is hereby constituted the New Zealand Defence Force, which shall comprise—

The armed forces raised and maintained under section 5 shall continue to comprise—

The New Zealand Naval Forces shall consist of the following:

The New Zealand Army shall consist of the following:

The Royal New Zealand Air Force shall consist of the following:

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

The Chief of Defence Force may from time to time establish a joint force comprising members of 2 or more Services, and—

Where a joint force is established under this section, this Act and the Armed Forces Discipline Act 1971 shall apply to any member of the Armed Forces serving in the joint force, subject to the following modifications:

The regular forces of the Armed Forces shall, subject to Part 4, consist of such officers and of such ratings, soldiers, and aviators as are for the time being and from time to time appointed, engaged, enlisted, or transferred for continuing full-time service in the Royal New Zealand Navy, the Regular Forces of the Army, or the Regular Air Force.

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

The territorial forces of the Armed Forces shall, subject to Part 4, consist of such officers and of such ratings, soldiers, and aviators as are for the time being and from time to time appointed, engaged, enlisted, or transferred for service in 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 number of officers, ratings, soldiers, and aviators in the territorial forces shall be such as the Minister authorises from time to time.

The reserve forces of the Armed Forces shall, subject to Part 4, consist of such officers and of such ratings, soldiers, and aviators as are for the time being and from time to time appointed, engaged, enlisted, or transferred for service in the Naval Reserves, the Army Reserve, or the Air Force Reserve.

For the purpose of this Act and the Armed Forces Discipline Act 1971, the Chief of Defence Force may prescribe the relative ranks of the Armed Forces and of the armed forces of other States.

Any order made for the purposes of subsection (1) may prescribe the relationship that is to be regarded as existing between relative ranks for the purposes of this Act and the Armed Forces Discipline Act 1971.

A member of the Armed Forces belonging to one Service may be attached to either of the other 2 Services, subject to such conditions as may be prescribed.

Except when provided in orders issued by or under the authority of the Chief of Defence Force, an officer or soldier of the Army or an officer or aviator 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 subsection (1), the officer, soldier, or aviator 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 Chief of Defence Force, an officer or rating of the Navy or an officer or aviator 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 subsection (3), the officer, rating, or aviator 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 Chief of Defence Force, 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 subsection (5), 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 member of one Service is attached by virtue of section 18, or is deemed to be attached by virtue of section 19, to another Service, this Act and the Armed Forces Discipline Act 1971 shall apply to that member subject to the following modifications:

A member of one Service may, with that member’s written consent, be transferred from that Service to either of the other 2 Services, subject to such conditions as may be prescribed.

Without prejudice to the provisions of section 23, any member of the Armed Forces may, by order of the Chief of Defence Force, or, in the case of a member 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, or of any other organisation or association of States in which New Zealand is participating.

A transfer ordered under subsection (1) 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 or the other organisation or association of States, as the case may be.

A member of the Armed Forces transferred for employment under subsection (1) remains subject to this Act and to the Armed Forces Discipline Act 1971, and to the law applicable to the forces to which the member is transferred.

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

Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces shall not be dealt with under subsection (4)(b)(ii) without that member’s consent.

The Chief of Defence Force may place a specified member, or a specified class of members, of the Armed Forces at the disposal of the service authorities of another State for the purpose of being attached by those authorities to the armed forces of that State.

The power conferred on the Chief of Defence Force by subsection (1) may be exercised only in respect of—

Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces may not be dealt with under subsection (2)(b)(ii) without that member’s consent.

A member of the Armed Forces attached to the armed forces of another State under subsection (1) remains subject to this Act and the Armed Forces Discipline Act 1971 and to the law applicable to those forces.

The Chief of Defence Force may attach to any of the Services a specified member, or a specified class of members, of the armed forces of another State if that member or class of members is placed at the disposal of the Chief of Defence Force for the purpose of being attached to a Service.

If a member of the armed forces of another State is attached to a Service under subsection (1), the member—

Subsection (2) applies subject to such other exemptions or modifications as may be prescribed.

When a New Zealand force and a force of another State are serving together, whether alone or not, members of the other force—

For the purpose of subsection (1), a New Zealand force and a force of another State are serving together only if they are declared to be so serving together by order of the Chief of Defence Force.

The chief executive of the Ministry of Defence shall be known as the Secretary of Defence.

In addition to the functions imposed on the Secretary of Defence by or under this Act or the Public Service Act 2020 or any other enactment, the Secretary shall have the following functions:

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

Without limiting the generality of subsection (3), in the performance of any such function or duty the Secretary may, in the name and on behalf of the Crown,—

In addition to the functions imposed on the Chief of Defence Force by or under this Act or any other enactment, the Chief of Defence Force shall—

The Minister shall give to the Chief of Defence Force written terms of reference (not being inconsistent with any of the provisions of this Act) setting out the terms and conditions of appointment as Chief of Defence Force, the duties and obligations of that appointment, and the manner in which the Government expects those duties and obligations to be carried out; and it shall be the duty of the Chief of Defence Force to perform the functions and to exercise the powers of the Chief of Defence Force in accordance with those terms of reference.

In the exercise of command, or in the exercise of the functions imposed on the Chief of Defence Force, the Chief of Defence Force may from time to time make such representations as the Chief of Defence Force considers necessary to the Minister or, if the Chief of Defence Force considers the circumstances to be exceptional, to the Prime Minister.

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

Without limiting the generality of subsection (4), in the performance of any such function or duty the Chief of Defence Force may, in the name and on behalf of the Crown,—

In time of war or other like emergency or in the event of any actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Minister of Defence may, at the request of the Chief of Defence Force, relieve the Chief of Defence Force of responsibility for any particular function imposed on the Chief of Defence Force by or under this Act or any other enactment, if the Minister is satisfied that it is necessary or desirable to do so to enable the Chief of Defence Force to perform the principal functions of the Chief of Defence Force in relation to the war or other like emergency or to the actual or imminent emergency, as the case may require.

Where under subsection (1) the Minister relieves the Chief of Defence Force of responsibility for any function, the Minister shall impose that responsibility on some other member of the Defence Force; and that officer shall be and remain responsible to the Minister for the performance of that function until relieved of that responsibility by the Minister.

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

Any officer or person duly authorised by the Chief of Defence Force, either by name or appointment, may issue Defence Force Orders.

The production of a document that purports to be a copy of a Defence Force Order and that includes a copy of the signature of the Chief of Defence Force, or of any officer or other person duly authorised by the Chief of Defence Force 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.

Subject to subsection (5), every order issued under this section shall come into force on such date as may be specified in the order, being the date of the order or any other date after the date on which it was issued.

Any order issued under this section relating to terms and conditions of service of members of the Armed Forces and conferring benefits on any such members may have effect from a date before the date of the issue of the order.

A Defence Force Order under section 27 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the order applies only to 1 or more named persons.

A Defence Force Order that is secondary legislation commences in accordance with section 27(4), even if it is not yet published.

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

Where the Chief of Defence Force places a joint force under the command of a Chief of Service pursuant to section 12(1)(b), that Chief of Service shall, under the Chief of the Defence Force, command that force through the joint force commander; and nothing in subsections (1) to (3) shall authorise a Chief of Service to exercise command over a joint force, or any part of a joint force, unless the Chief of the Defence Force has placed that joint force under the command of that Chief of Service.

The Chief of Defence Force shall give to each Chief of Service written terms of reference (not being inconsistent with any of the provisions of this Act) setting out the terms and conditions of appointment as Chief of Navy or Chief of Army or Chief of Air Force, as the case may be; and it shall be the duty of each Chief of Service to perform the functions and to exercise the powers of that appointment in accordance with those terms of reference.

In the exercise of command, and in the exercise of the functions imposed by or under this Act or any other enactment, each Chief of Service may, after notifying the Chief of Defence Force in that behalf, make such representations as the Chief of Service considers necessary or desirable to the Minister.

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

The Committee shall have such functions, duties, and powers, not inconsistent with this Act, as the Chief of Defence Force may determine.

The Chief of Defence Force shall be the convener of the committee, and shall preside at its meetings. In the absence of the Chief of Defence Force from any meeting of the committee, the Chief of Defence Force shall appoint one of the permanent members to preside at the meeting.

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), be entitled to participate in the proceedings of the committee in like manner as if he or she were a permanent member.

Where a meeting of the Chiefs of Service Committee has been held, and the members of the Committee have held differing opinions on any matter, a Chief of Service may request that the various opinions be conveyed to the Minister; in which case the Chief of Defence Force shall convey the opinions to the Minister with such advice as the Chief of Defence Force considers appropriate.

Subject to the provisions of this Act, the committee may regulate its procedure in such manner as it thinks fit.

The Minister may, from time to time, by writing under the Minister’s hand, either generally or particularly, delegate to the Chief of Defence Force any of the Minister’s functions, duties, or powers, including functions, duties, or powers delegated to the Minister under this Act or any other enactment.

The Chief of Defence Force may, from time to time, by writing under his or her hand, either generally or particularly, delegate to any member of the Defence Force, any of the functions, duties, and powers of the Chief of Defence Force, including any functions, duties, and powers delegated to the Chief of Defence Force by the Minister.

Any Chief of Service may, from time to time, by writing under his or her hand, either generally or particularly, delegate to any member of the Defence Force any of the functions, duties, or powers of the Chief of Service, including functions, duties, and powers delegated to the Chief of Service by the Chief of Defence Force.

Notwithstanding any of the preceding provisions of this section, no function, duty, or power delegated to any person under this section shall be subdelegated by that person if such subdelegation was prohibited by the delegating authority.

A delegation under this section may be made to a person referred to by name, or to the holder of a specified appointment, or to members of a specified class.

Subject to any general or special directions given or conditions attached by the delegating authority, the person to whom any functions, duties, or powers have been delegated may exercise those functions, duties, or powers in the same manner and to the same extent as if they had been directly conferred on that 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 the delegating authority’s functions, duties, or powers.

The fact that a 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 person is acting within the scope of the authority conferred by the delegation.

Nothing in this section applies to functions, duties, or powers of command.

The Secretary of Defence and the Chief of Defence Force shall consult with each other on any advice on any major matters of defence policy that is to be given by the Secretary or the Chief of Defence Force to the Minister or other Ministers.

The Minister may from time to time require the Secretary of Defence and the Chief of Defence Force to consult formally with each other on any advice that is to be, or could be, or has been given by the Secretary or the Chief of Defence Force to the Minister.

The Secretary or the Chief of Defence Force may recommend to the Minister that the Minister should issue a requirement to consult under subsection (2), and the Minister shall inform the Secretary and Chief of Defence Force in writing of the Minister’s decision on the recommendation.

No requirement to consult under this section shall affect any duty, obligation, or power of the Secretary or the Chief of Defence Force, or the responsibility of the Secretary or the Chief of Defence Force for the performance of any duty or obligation or the exercise of any power.

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

The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force any of the Governor-General’s powers specified in paragraphs (a), (c), and (d) of subsection (1); and section 30(4) to (9), with any necessary modifications, applies to the delegation.

The Chief of Defence Force shall cause notice of all appointments, commissions, and other acts done under this section to be promulgated by Defence Force Orders.

No person who is under 17 years may be appointed to, or enlisted or engaged in, the Navy, the Army, or the Air Force.

Subject to subsection (1), section 36, and Defence Force Orders, the following persons may, in the prescribed manner, be appointed to, or enlisted or engaged in, the Navy, the Army, or the Air Force:

Nothing in section 22 of the Human Rights Act 1993 shall apply to age requirements relating to recruitment, terms of service, or retirement in respect of service in the Armed Forces, excluding the category of General Service Hands.

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 the Sovereign in such form as may be prescribed from time to time.

An oath of allegiance shall bind the person subscribing it to serve in the Service to which that person is appointed, or in which that person is engaged or enlisted, in accordance with the tenor of the oath until that person is discharged from the Service.

Subject to section 46 of the Care of Children Act 2004, a person under 18 years of age (in this section referred to as a minor) shall not, unless he or she is or has been married or in a civil union, be eligible to enlist or be accepted for service in the Armed Forces if any of the persons referred to in subsection (2) objects to the enlistment.

Subject to subsection (3), any such objection may be made—

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

Subject to section 46 of the Care of Children Act 2004, every application by a minor (being a minor who is not and has not been married or in a civil union) for enlistment in the Armed Forces shall be accompanied by—

An acknowledgment referred to in subsection (4)(b) need not be given or signified separately from the written consent if the consent is given on a form that contains a conspicuous statement to the effect that the person enlisting will be liable for active service outside New Zealand at any time after attaining the relevant (specified) age.

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

The enlistment of any person pursuant to this section shall be binding on that person notwithstanding anything to the contrary in subpart 6 of Part 2 of the Contract and Commercial Law Act 2017 or any other enactment.

For the purposes of this section, a person shall be deemed to be under a disability if, by reason of his or her mental condition, that person 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.

No person serving in the Armed Forces who is under 18 years is liable for active service.

Subject to sections 36 and 37, all members 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.

Notwithstanding subsection (1),—

Subject to subsection (2), the terms and conditions of service in the territorial forces shall be such as may be prescribed from time to time.

In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002, the Governor-General may, by Proclamation, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, during the continuance of the state of war or emergency.

In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, for such period not exceeding 3 months as may be specified in the Proclamation or until the emergency has sooner passed.

Subject to subsection (2), 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 or during any state of emergency declared under the Civil Defence Emergency Management Act 2002, 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 Minister may determine.

In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, 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 for such period not exceeding 3 months as may be specified in the Proclamation; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, until the emergency has passed or the period specified in the Proclamation has expired, whichever is the sooner.

This section applies to every Proclamation made under section 38(2)(c) or section 39(3) or section 40(3).

Every Proclamation to which this section applies shall have stated in it the reasons for its making.

The period specified in any Proclamation made under section 38(2)(c) may from time to time be extended, by Proclamation, for a further period or periods not exceeding 6 months on any one extension as may be specified in the Proclamation by which it is extended, but so that the total period shall not exceed 12 months.

The period specified in any Proclamation made under section 39(3) or section 40(3) may from time to time be extended, by Proclamation, for a further period or periods not exceeding 3 months on any one extension as may be specified in the Proclamation by which it is extended, but so that the total period shall not exceed 12 months.

On making any Proclamation to which this section applies, or any Proclamation under subsection (3) or subsection (4), the Governor-General shall inform the House of Representatives that the Proclamation has been made, and of the reasons for its making,—

Part 2 of the Volunteers Employment Protection Act 1973 applies to—

Notwithstanding section 38 or section 39 or section 40, the Chief of Defence Force, or an officer authorised for the purpose by the Chief of Defence Force, may at any time, either generally or in any particular case, waive in whole or in part, or postpone, the period of continuous service that would otherwise be required of any member of the regular forces or of the territorial forces or of the reserve forces by virtue of any Proclamation made under those sections.

A waiver or postponement under subsection (1) may be made on the application of the member or (in the case of a member of the territorial forces or of the reserve forces) the member’s employer.

Where the member is to be part of a deployment of the Armed Forces outside New Zealand, an application for a waiver or postponement under this section shall be made not less than 7 days before the date on which the member is due to leave New Zealand as part of that deployment.

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

For the purposes of this Act, every member of the Armed Forces 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.

Except as otherwise provided in this section, the conditions of service of members of the Armed Forces shall be prescribed by the Chief of Defence Force.

In prescribing conditions of service under subsection (1), the Chief of Defence Force shall have regard to the following criteria:

The Chief of Defence Force shall consult with the Public Service Commission when prescribing conditions of service of members of the Armed Forces under this section. The Public Service Commission may at any time, either before or during the prescribing of such conditions of service, indicate to the Chief of Defence Force that it wishes to participate with the Chief of Defence Force in prescribing those conditions of service, and the Chief of Defence Force shall allow the Public Service Commission to participate accordingly.

The remuneration of members holding the positions of—

shall be determined from time to time by the Remuneration Authority.

Nothing in the Employment Relations Act 2000 applies to the conditions of service of members of the Armed Forces.

Nothing in this section affects any conditions of service in force in respect of members of the Armed Forces immediately before 1 April 1988.

Without limiting the power to make regulations under section 101, regulations may be made under that section, not inconsistent with this Act, the Government Superannuation Fund Act 1956, or the Veterans’ Support Act 2014, relating to all or any of the following matters:

Except in respect of a matter that would properly be the subject of an appeal under the Court Martial Appeals Act 1953 or the Armed Forces Discipline Act 1971, any member of the Armed Forces who considers that he or she has been wronged in any matter may make a complaint as of right to such Service authority and in such manner as may be prescribed in Defence Force Orders.

If the complainant is not satisfied with the decision of the authority to whom the 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.

Without limiting the provisions of sections 39(2) and 40(2), but subject to sections 36 and 37, the Governor-General may accept the offer of any member 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 member or other person shall be accordingly liable to serve whenever required, during the period to which the offer extends.

The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force the power that the Governor-General has, under subsection (1), to accept an offer of the kind described in that subsection.

Section 30(4) to (9), with any necessary modifications, applies to a delegation made under subsection (3).

The Governor-General may from time to time, by Order in Council published in the Gazette, declare that the need for members of the territorial forces or reserve forces or other persons to offer themselves, under section 50, for special service is such that it is in the national interest that, for such period as is specified in the order, protection under the Volunteers Employment Protection Act 1973 be given to any such member or other person—

Part 3 of the Volunteers Employment Protection Act 1973 applies to—

A person who, without having been properly attested, has accepted pay as a member of a component of the Armed Forces referred to in section 11(3) to (5)—

Subject to section 38(2)(b) and sections 53 to 57, a member of the regular forces may terminate his or her service in the regular forces at any time by giving notice to the officer in command of the member’s ship or unit.

A notice given by a member of the regular forces for the purposes of this section shall be in writing, and the period of the notice shall commence to run on the day on which it is given to the officer in command of the member’s ship or unit.

A member who gives notice to terminate his or her service in the regular forces shall be deemed to have completed his or her service on—

or on such earlier date as the Chief of Defence Force may from time to time prescribe in Defence Force Orders.

Notwithstanding subsection (3) of section 52, but without limiting section 54 or section 55, if a member of the Armed Forces who is subject to a prescribed return of service obligation in respect of any prescribed training or overseas service gives notice under section 52, that member’s period of service shall not be deemed to have been completed until that member has fulfilled his or her return of service obligation.

For the purposes of this section, a specified class of members of the Armed Forces is in a state of critical manning if it is declared to be so by the Chief of Defence Force.

Notwithstanding subsection (3) of section 52, but without limiting section 53 or section 55, if a member of a class that is in a state of critical manning gives notice under section 52, that member’s period of service shall not be deemed to have been completed until the expiry of a period of 2 years commencing with the day on which the notice is given.

Notwithstanding subsection (3) of section 52, but without limiting section 53 or section 54, if a member of the regular forces who is serving overseas, or who is under less than 3 months’ notice to serve overseas, gives notice under section 52, that member’s period of service shall not be deemed to have been completed until he or she has completed that overseas duty.

Notwithstanding sections 53 to 55, the Chief of Defence Force, or a Chief of Service authorised for the purpose by the Chief of Defence Force, may at any time, either generally or in any particular case, waive in whole or in part the period of service that would otherwise be required of any member of the regular forces by virtue of any of those sections.

For the purposes of this section,—

Notwithstanding subsection (3) of section 52, if a member of the regular forces who,—

that member’s period of service shall not be deemed to have been completed until the proceedings have been completed, and the member has served any sentence of imprisonment or detention imposed as a result of those proceedings.

Notwithstanding subsection (3) of section 52 but subject to subsection (2)(b) of this section, if a member of the regular forces who is serving a sentence of imprisonment or detention gives notice under that section, that member’s period of service shall not be deemed to have been completed until the member has served that sentence.

The Chief of Defence Force may institute the discharge or release of a member of the Services if the Chief of Defence Force has reasonable grounds for believing—

Subsection (1) applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

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

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

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

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

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

Without limiting the provisions of subsections (2) to (5), 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 the Sovereign 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 which 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) by or on behalf of the Crown may be executed by the Chief of Defence Force.

Without limiting the power of the Chief of Defence Force to issue orders under section 27, 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 Finance Act 1989, the assets of any fund established under this section shall be deemed not to be public money within the meaning of that Act, except that the accounts of any such fund may, if considered desirable by the Controller and Auditor-General, be audited by the Auditor-General, who for that purpose has all of the powers that he or she has under the Public Audit Act 2001 for the purposes of exercising or performing his or her functions, duties, or powers.

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.

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) 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), 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.

The Chief of Defence Force shall, in respect of the members of the Civil Staff, operate a personnel policy that complies with the principle of being a good employer.

For the purposes of this section, a good employer is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—

In addition to the requirements, specified in subsections (1) and (2), the Chief of Defence Force shall ensure that all members of the Civil Staff maintain proper standards of integrity, conduct, and concern for the public interest.

The Chief of Defence Force may from time to time issue a code of conduct covering the minimum standards of integrity and conduct that are to apply in the Civil Staff.

The Chief of Defence Force—

The Chief of Defence Force shall include in the annual report of the Defence Force—

For the purposes of this section and section 59, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group of persons.

Subject to this Part, the Chief of Defence Force—

Except as provided in sections 70 and 71, the Chief of Defence Force has all the rights, duties, and powers of an employer in respect of members of the Civil Staff.

The Chief of Defence Force, in making an appointment to any position in the Civil Staff under this Act, shall give preference to the person who is best suited to the position.

Where the Chief of Defence Force intends to fill a position that is vacant or is to become vacant in the Civil Staff, the Chief of Defence Force shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

In the case of absence from duty of any member of the Civil Staff (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Civil Staff (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the member or pertaining to the position may be exercised and performed by any other member for the time being directed by the Chief of Defence Force to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.

No such direction and no acts done by any member of the Civil Staff acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member has not been appointed to any position to which the direction relates.

Any appointment to any position in the Civil Staff shall be made, confirmed, or approved in writing by an instrument or minute by the Chief of Defence Force or by any person to whom the Chief of Defence Force has delegated power in that behalf in accordance with section 30; and, notwithstanding anything to the contrary in any Act, it shall not be necessary for the Chief of Defence Force or any such person to execute any formal warrant or other instrument in special form.

A certificate signed by the Chief of Defence Force that any person named in the certificate was appointed to any position in the Civil Staff from and including a day stated therein shall be sufficient evidence that the person so named was duly so appointed to and continues to hold the position unless the contrary is proved.

The Chief of Defence Force shall notify to the members of the Civil Staff every appointment (other than that of an acting, temporary, or casual employee) made by the Chief of Defence Force to a position in the Civil Staff.

The Chief of Defence Force shall put into place for the Civil Staff a procedure for reviewing those appointments made to positions in the Civil Staff that are the subject of any complaint by a member of the Civil Staff.

The procedure shall be approved by the Public Service Commission and shall comply with guidelines prescribed by the Commission for such review procedures.

Nothing in this section relates to an acting appointment.

Where the Chief of Defence Force at any time finds in respect of any duties being carried out by the Defence Force through the Civil Staff—

the Chief of Defence Force may, without complying with sections 62 and 63, but subject to consultation with the employee and to the relevant employment agreement, appoint to other positions in the Civil Staff any or all of those members who are carrying out those duties.

Nothing in section 67 applies in relation to any appointment made under this section.

Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to the Civil Staff.

The Chief of Defence Force is responsible for negotiating, under the Employment Relations Act 2000, every collective agreement applicable to employees in the Civil Staff.

The Chief of Defence Force must consult with the Public Service Commissioner when negotiating any collective agreements under this section.

The Public Service Commissioner may at any time either before or during the negotiation of such collective agreements indicate to the Chief of Defence Force that the Public Service Commissioner wishes to participate with the Chief of Defence Force in negotiating those collective agreements, and the Chief of Defence Force must allow the Public Service Commissioner to participate accordingly.

Despite the provisions of sections 61A and 70,—

For the purposes of sections 73B and 73C,—

The Chief of Defence Force may—

Before contributing to any superannuation scheme established or arranged in respect of one or more of the members of the Defence Force pursuant to section 73B, the Chief of Defence Force shall ensure—

The Chief of Defence Force may, for the purpose of providing retirement benefits to members of the Defence Force, contribute to any superannuation scheme that complies with the requirements of section 73C.

The Chief of Defence Force may require that all members of the Armed Forces who are not required to contribute under Part 3A of the Government Superannuation Fund Act 1956, or any class of such members, contribute to any superannuation scheme established or arranged in respect of one or more members of the Armed Forces pursuant to section 73B.

The Minister may from time to time raise and maintain cadet forces comprising the Sea Cadet Corps, the New Zealand Cadet Corps, and the Air Training Corps.

The cadet forces referred to in subsection (1) must be maintained under the direction of the Chief of Defence Force.

The Minister may from time to time—

All cadet forces raised and maintained under the Defence Act 1971 and in being immediately before the commencement of this Act shall continue in being as if they had been raised under this section.

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 New Zealand Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such New Zealand 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 Chief of Defence Force may from time to time, subject to such conditions and limitations as the Chief of Defence Force may decide,—

When a member of the Armed Forces is engaged in directing, supervising, or assisting a unit of the cadet forces under subsection (1)(e), that member shall be deemed to be on duty.

The terms and conditions of service of cadet officers and other members of the cadet forces determined by the Chief of Defence Force under subsection (1) shall be promulgated in such a manner as the Chief of Defence Force directs.

Nothing in Part 4 or Part 5 or in the Armed Forces Discipline Act 1971, the Public Service Act 2020, or the Government Superannuation Fund Act 1956 shall apply in respect of any member of the cadet forces.

If any member of a unit of the cadet forces that 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 member of the Armed Forces directing or supervising, or assisting in the direction or supervision of, the course, programme, or other activity, that member or any other member acting under his or her authority may remove the member of the unit from the area.

All the provisions of the Veterans’ Support Act 2014, 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 or she is a member as if he or she were a member of the forces 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 or she were a member of the Armed Forces within the meaning of that section, and as if participation by that member in any activity carried on by the unit of which he or she is a member were service in the Armed Forces.

The Minister may from time to time recognise for the purposes of this section any civilian organisation that has as its object or as one of its objects the promotion of the functions or interest 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 conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who, in New Zealand or elsewhere,—

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who, in New Zealand or elsewhere, intentionally or recklessly obstructs or interferes with any member of the Armed Forces acting in the execution of his or her duty.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who, in New Zealand, intentionally or recklessly interrupts or obstructs any military exercise of any part of the Armed Forces.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who, in New Zealand, or elsewhere,—

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

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who, in New Zealand or elsewhere, makes any statement knowing it to be false, or knowingly withholds any required information, for the purpose—

If, as a consequence of the commission of an offence against this section, any amount is paid to a dependant of a member of the Armed Forces, 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 the dependant or other person by the Crown but not yet paid, or out of money to become payable to the dependant or other person 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 that person’s permanent retention shall, on being required to do so by a notice in writing purporting to be signed by a member of the Defence Force and delivered to that person personally or posted by registered letter to his or her 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, that person commits an offence and is liable on conviction to a fine not exceeding $1,000.

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 that person’s permanent retention recklessly or negligently loses the property, that person commits an offence and is liable on conviction to a fine not exceeding $1,000.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who, in New Zealand,—

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

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who, in New Zealand,—

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