New Zealand General Service Medal (Afghanistan: Secondary Operational Area) Regulations 2018

2018/277

Coat of Arms of New Zealand

New Zealand General Service Medal (Afghanistan: Secondary Operational Area) Regulations 2018

Patsy Reddy, Governor-General

At Wellington this 11th day of December 2018

 

These regulations are made in accordance with the Royal Warrant (SR 2002/226) dated 23 July 2002 instituting and creating the New Zealand General Service Medal and on the advice of the Prime Minister.

Regulations

1 Title

These regulations are the New Zealand General Service Medal (Afghanistan: Secondary Operational Area) Regulations 2018.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

4 Award of New Zealand General Service Medal (Afghanistan: Secondary Operational Area)

(1)

The medal known as the New Zealand General Service Medal (Afghanistan: Secondary Operational Area) (the medal) may be awarded.

(2)

The award of the medal is subject to the Royal Warrant and these regulations.

5 Ribbon

The ribbon for the medal is 32 mm in width, of green, with 3 narrow central stripes of red, black, and red, and with a narrow light blue stripe on either edge.

6 Operational area

In these regulations, operational area—

(a)

means all the area enclosed by a line—

(i)

commencing at a point at 48°00′N and 35°00′E; then

(ii)

proceeding due east in a straight line to point at 48°00′N and 81°00′E; then

(iii)

proceeding due south in a straight line to 12°00′N and 81°00′E; then

(iv)

proceeding due west in a straight line to a point at 12°00′N and 35°00′E; then

(v)

proceeding due north in a straight line to the point of commencement; but

(b)

excludes any area within the political boundaries and airspace of the country of Afghanistan.

7 Eligibility

A person is eligible for the medal if the person—

(a)

served in the operational area on or after 18 December 2001 as a member of, or in connection with, a New Zealand Government contribution to an International Force conducting operations against international terrorism; and

(b)

was, at that time,—

(i)

a member of the Defence Force (within the meaning of section 2(1) of the Defence Act 1990); or

(ii)

a Police employee (within the meaning of section 4 of the Policing Act 2008); or

(iii)

a New Zealand citizen (within the meaning of section 4 of the Immigration Act 2009); or

(iv)

a permanent resident of New Zealand (within the meaning of section 73 of the Electoral Act 1993); or

(v)

any other person who the Minister of Defence, on the advice of the Chief of Defence Force, determines is eligible for the medal.

8 Qualification for award

(1)

An eligible person qualifies for the award of the medal if the person—

(a)

was engaged in service described in regulation 7(a) for 30 days or more, continuous or aggregated; or

(b)

was engaged in service described in regulation 7(a) for less than 30 days, but—

(i)

the service was terminated due to the person’s death or evacuation owing to wounds or disability caused to the person by that service; or

(ii)

the person has been given a New Zealand Royal Honour for gallantry or bravery for acts while engaged in that service; or

(iii)

the service was terminated due to the withdrawal of the New Zealand Defence Force from the operational area at the direction of the New Zealand Government; or

(iv)

an operational order, a fragmentary order, or an operational instruction stated that the person was to serve for 30 days or more in service as described in regulation 7(a), but the person had their period of service terminated after less than 30 days at the direction of the New Zealand Government department or agency that deployed the person, and the termination was for official reasons rather than for personal, compassionate, or disciplinary reasons; or

(c)

completed 7 or more sorties, on or after 18 December 2001, into the operational area as aircrew, supernumerary aircrew, or supernumerary crew, while a member of a unit allocated for direct support of a deployment described in regulation 7(a).

(2)

A sortie flown between a location within the operational area and any of the following locations is not qualifying service under subclause (1)(c):

(a)

a location within the political boundaries and airspace of the country of Afghanistan:

(b)

a location within the operational area specified under regulation 5 of the New Zealand General Service Medal (Greater Middle East) Regulations 2016:

(c)

Africa:

(d)

Asia:

(e)

another location within the operational area.

(3)

To avoid doubt,—

(a)

a person is engaged in service for a day for the purpose of subclause (1) if they spend a calendar day, or any part of the calendar day, engaged in the service; and

(b)

time spent in the operational area on official visits in connection with the service described in regulation 7(a) counts towards time engaged in service for the purpose of subclause (1); and

(c)

service in different locations on the same calendar day that meets the qualifying service requirements for more than 1 New Zealand General Service Medal may count as qualifying service for each medal.

(4)

Service for which the medal is awarded is not qualifying service for any other New Zealand General Service Medal.

(5)

Service for which any other New Zealand General Service Medal is awarded is not qualifying service for the medal.

(6)

Service for which the United Nations Medal for service with the United Nations Truce Supervision Organization is awarded is not qualifying service for the medal.

9 Delegation

The Chief of Defence Force, or a member of the New Zealand Defence Force authorised by the Chief of Defence Force, may—

(a)

award the medal to any eligible person who qualifies for the award of the medal; and

(b)

cancel an award of the medal; and

(c)

if the medal is awarded or an award of the medal is cancelled, alter the register maintained under the Royal Warrant accordingly.

10 Forfeiture and restoration

The Chief of Defence Force may—

(a)

order the forfeiture of the medal awarded to a person; and

(b)

order the restoration of the medal to a person whose medal was forfeited; and

(c)

if the medal is forfeited or restored, alter the register maintained under the Royal Warrant accordingly.

Schedule 1 Transitional, savings, and related provisions

r 3

Part 1 Provisions relating to these regulations as made

1 Continuation of medals awarded under New Zealand General Service Medal (Afghanistan) Regulations 2002

A New Zealand General Service Medal (Afghanistan) with the Secondary Operational Area ribbon awarded to a person under the New Zealand General Service Medal (Afghanistan) Regulations 2002 must be treated for the purposes of these regulations as a New Zealand General Service Medal (Afghanistan: Secondary Operational Area).

2 Application of regulation 7(b)(ii) to period before 1 October 2008

Regulation 7(b)(ii) must be treated as referring to a member of the Police (within the meaning of section 5 of the Police Act 1958) in respect of any period before 1 October 2008.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, provide for the award of the New Zealand General Service Medal (Afghanistan: Secondary Operational Area) for service, rendered on or after 18 December 2001, on land, at sea, or in the air in various locations in the Middle East excluding Afghanistan.

These regulations, together with the New Zealand General Service Medal (Afghanistan: Primary Operational Area) Regulations 2018, replace the New Zealand General Service Medal (Afghanistan) Regulations 2002. The substantive change effected by the replacement regulations is that it will be possible for an eligible person to qualify for, and wear, both the New Zealand General Service Medal (Afghanistan: Primary Operational Area) and the New Zealand General Service Medal (Afghanistan: Secondary Operational Area).

The regulations are made under a Royal Warrant, The New Zealand General Service Medal (SR 2002/226), which instituted the New Zealand General Service Medal to be awarded to members of the New Zealand Defence Force and certain civilians for “services rendered during war, and both warlike and non-warlike (including peacekeeping) operations commenced since 1 January 2000”.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 December 2018.

These regulations are administered by the New Zealand Defence Force.