9 Use of Armed Forces to provide public service or assist civil power

(1)

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

(a)

to perform any public service; or

(b)

to provide assistance to the civil power in time of emergency.

(2)

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.

(3)

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.

(4)

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,—

(a)

either—

(i)

that there is in New Zealand an emergency in which one or more persons are threatening to kill or seriously injure, or are causing or attempting to cause the death of or serious injury to, any other person, or are causing or attempting to cause the destruction of or serious damage to any property; or

(ii)

that such an emergency is imminent; and

(b)

that the emergency cannot be dealt with by the Police without the assistance of members of the Armed Forces exercising powers that are available to constables,—

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.

(5)

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.

(6)

Every member of any such part of the Armed Forces—

(a)

may, for any purpose necessary to assist the Police in dealing with the emergency, exercise any power of a constable; and

(b)

shall, for the purposes of civil and criminal liability, have the protections of a constable, in addition to all other protections that the member of the Armed Forces may have.

(7)

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.

(8)

Any authority given under subsection (2) or subsection (4) shall lapse on the expiration of 14 days after the day on which it was given unless—

(a)

the House of Representatives passes a resolution extending the authority for such period as is specified in the resolution; or

(b)

if Parliament was dissolved or had expired before or after the authority was given and has not been summoned to meet before the authority would lapse, the Governor-General, being satisfied that it is necessary to extend the authority, extends it by Proclamation approved in Executive Council for such period as is specified in the Proclamation.

Compare: 1971 No 52 ss 79, 79A; 1987 No 180 s 2

Section 9(4)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 9(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 9(6)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 9(6)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 9(8)(b): amended, on 15 November 2000, by section 3 of the Defence Amendment Act 2000 (2000 No 59).