New Zealand Defence Force Long Service Awards Regulations 2020

2020/238

Coat of Arms of New Zealand

New Zealand Defence Force Long Service Awards Regulations 2020

Patsy Reddy, Governor-General

At Wellington this 1st day of September 2020

Pursuant to Royal Warrants dated 14 August 2020 (LI 2020/212, LI 2020/213, LI 2020/214, LI 2020/215, LI 2020/216, LI 2020/217, LI 2020/218, LI 2020/219, and LI 2020/220), Her Excellency the Governor-General, under authority delegated by The Queen and on the advice of the Prime Minister, makes the following regulations.

Regulations

1 Title

These regulations are the New Zealand Defence Force Long Service Awards Regulations 2020.

2 Commencement

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

3 Who regulations apply to

(1)

These regulations apply to any member who has served in the Armed Forces on or after 1 December 1977.

(2)

These regulations also apply, in relation to a member’s entitlement to the New Zealand Armed Forces Award or a clasp to that award, to any member who—

(a)

was at any time in the period beginning on 6 February 1952 and ending on 30 November 1977—

(i)

an officer in the regular forces; or

(ii)

an officer in a New Zealand military force raised in time of war or other like emergency; and

(b)

did not serve in the Armed Forces on or after 1 December 1977.

4 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

airman, officer, rating, regular forces, soldier, and territorial forces have the meanings given by section 2(1) of the Defence Act 1990

Armed Forces has the meaning given by section 2(1) of the Defence Act 1990 and includes,—

(a)

in relation to the period before the commencement of the Defence Act 1990, the Armed Forces (within the meaning of section 2(1) of the Defence Act 1971); and

(b)

in relation to the period before the commencement of the Defence Act 1971,—

(i)

the New Zealand Naval Forces (within the meaning of the Naval Defence Amendment Act 1950 or the Navy Act 1954):

(ii)

the New Zealand Army (within the meaning of the New Zealand Army Act 1950):

(iii)

the Royal New Zealand Air Force (within the meaning of the Royal New Zealand Air Force Act 1950)

clasp means a clasp to a long service award

efficient service means—

(a)

efficient service as determined by the Chief of Defence Force (or a person authorised by the Chief of Defence Force); and

(b)

service or training that is deemed to be efficient service by the Chief of Defence Force (or a person authorised by the Chief of Defence Force)

long service award means any of the following:

(a)

the New Zealand Air Efficiency Award:

(b)

the New Zealand Armed Forces Award:

(c)

the New Zealand Army Long Service and Good Conduct Medal:

(d)

the New Zealand Efficiency Decoration:

(e)

the New Zealand Efficiency Medal:

(f)

the Royal New Zealand Air Force Long Service and Good Conduct Medal:

(g)

the Royal New Zealand Naval Reserve Decoration:

(h)

the Royal New Zealand Naval Volunteer Reserve Decoration:

(i)

the Royal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal:

(j)

the Royal New Zealand Navy Long Service and Good Conduct Medal

member means a person who is or was at any time a member of the Armed Forces

previous Royal Warrant means any of the following Warrants:

(a)

The Air Efficiency Award (SR 1954/14):

(b)

The Efficiency Decoration (SR 1954/6):

(c)

The Efficiency Medal (SR 1954/8):

(d)

The New Zealand Armed Forces Award (SR 1985/89):

(e)

The New Zealand Army Long Service and Good Conduct Medal (SR 1985/90):

(f)

The Royal New Zealand Air Force Long Service and Good Conduct Medal (SR 1985/92):

(g)

The Royal New Zealand Naval Reserves Officers’ Decorations (SR 1985/93):

(h)

The Royal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal (SR 1985/94):

(i)

The Royal New Zealand Navy Long Service and Good Conduct Medal (SR 1985/95)

regular forces means regular forces within the meaning given by section 2(1) of the Defence Act 1990

(2)

A period of service referred to in these regulations includes time served continuously or in aggregate.

(3)

The Chief of Defence Force (or a person authorised by the Chief of Defence Force) may deem training or service under the following Acts to be efficient service in the Armed Forces:

(a)

Military Training Act 1949:

(b)

National Military Service Act 1961.

5 Conferral of long service awards and clasps

(1)

Long service awards and clasps may be conferred on members in accordance with the Royal Warrants and these regulations.

(2)

A long service award may be conferred on a member only once. However, long service awards of different types may be conferred on a member.

6 No exchange of existing awards or clasps

A member who has had a long service award or clasp conferred on him or her under a previous Royal Warrant (an existing award or clasp) and who in accordance with these regulations would be eligible for a different long service award or clasp may not exchange his or her existing award or clasp for the different long service award or clasp.

7 Determining long service award or clasp

(1)

For members who served in the Armed Forces on or after 1 December 1977, the type of service that forms the greatest part of the member’s service that counts towards a long service award or clasp (the primary service type) determines the long service award or clasp for which the member is eligible, as set out in subclauses (2) to (4).

(2)

The long service award or clasp for which a member is eligible is the award or clasp specified in the second column of the following table opposite the primary service type specified in the first column:

Primary service typeLong service award or clasp
Service as an officer in the regular forces of the Armed ForcesNew Zealand Armed Forces Award or clasp
Service as an officer in full-time service in a New Zealand military force raised during the Second World War, the occupation of Japan, or the Korean WarNew Zealand Armed Forces Award or clasp
Service as a soldier in the Regular Force of the New Zealand ArmyNew Zealand Army Long Service and Good Conduct Medal or clasp
Service as a rating in the Royal New Zealand NavyRoyal New Zealand Navy Long Service and Good Conduct Medal or clasp
Service as an airman or airwoman in the Regular Air ForceRoyal New Zealand Air Force Long Service and Good Conduct Medal or clasp
Service as an officer in the Territorial Force of the New Zealand ArmyNew Zealand Efficiency Decoration or clasp
Service as a soldier in the Territorial Force of the New Zealand ArmyNew Zealand Efficiency Medal or clasp
Service as an officer, airman, or airwoman in the Territorial Air Force or the Air Force ReserveNew Zealand Air Efficiency Award or clasp
Service as an officer in the Royal New Zealand Naval ReserveRoyal New Zealand Naval Reserve Decoration or clasp
Service as an officer in the Royal New Zealand Naval Volunteer ReserveRoyal New Zealand Naval Volunteer Reserve Decoration or clasp
Service as a rating in the Royal New Zealand Naval Volunteer Reserve or the Royal New Zealand Naval ReserveRoyal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal or clasp

(3)

Subclause (4) applies if the member’s service in the Armed Forces that is counted towards the long service award or clasp includes 2 or more types of service listed in the first column of the table in subclause (2) that the member performed for a period of equal length (and that period is longer than any period that the member served in any other type of service).

(4)

Of the 2 or more types of service that the member has performed for a period of equal length, the type of service that the member has performed most recently determines the award or clasp for which the member is eligible.

(5)

The long service award or clasp for which a member described in regulation 3(2) is eligible is the New Zealand Armed Forces Award or clasp.

8 Fourteen years’ service required for long service award

Except as provided in regulations 14 and 15, a member must serve 14 years to be eligible for a long service award.

9 Seven years’ service required for clasp

(1)

Except as provided in regulations 14 and 15, to be eligible for a clasp to a long service award—

(a)

a member must have previously become eligible for the long service award; and

(b)

the member must serve 7 years after the date on which the member became eligible for the long service award or a clasp; and

(c)

the greatest part of the 7-year period must be the type of service for which the long service award was conferred.

(2)

In subclause (1), long service award includes the Air Efficiency Award, the Efficiency Decoration, and the Efficiency Medal as described in the relevant previous Royal Warrants.

10 Service other than in regular forces and certain military forces must be efficient

(1)

Except as provided in regulation 16 and subclause (2), any service that is counted towards the period of service required for a long service award or clasp must be efficient service.

(2)

Subclause (1) does not apply to—

(a)

service in the regular forces; or

(b)

full-time service in a New Zealand military force raised during the Second World War, the occupation of Japan, or the Korean War.

11 Service completed before conduct resulting in conviction not counted

(1)

This regulation applies if, before the date on which a member completes the service required for a long service award or clasp, the member engages in conduct that results in—

(a)

a civil conviction that is a recordable occurrence under chapter 13 of the Manual of Armed Forces Law (2 ed) Vol 1; or

(b)

a service conviction that is a recordable occurrence under chapter 13 of the Manual of Armed Forces Law (2 ed) Vol 1.

(2)

Any service completed by the member before the conduct ends does not count towards the period of service required for the award or clasp.

(3)

However, nothing in this regulation affects a member’s eligibility for an award or clasp if the service required for that award or clasp was completed before the conduct started.

12 Service in other Commonwealth countries

(1)

Service in the regular, territorial, or reserve armed forces of the United Kingdom, Australia, or Canada may be counted towards the periods described in regulations 8 and 9(1)(b).

(2)

The Chief of Defence Force may determine, on a case-by-case basis, that service in the regular, territorial, or reserve armed forces of another Commonwealth country of which The Queen is Head of State may also be counted towards the periods described in regulations 8 and 9(1)(b).

(3)

However, despite subclauses (1) and (2),—

(a)

service that has been recognised by the conferral of a long service award or clasp (or equivalent recognition) in another Commonwealth country may not be counted towards the periods described in regulations 8 and 9(1)(b); and

(b)

the period of service that may be counted, under this regulation, towards the period described in regulation 8 must not exceed—

(i)

11 years, in the case of the New Zealand Efficiency Decoration or the New Zealand Efficiency Medal:

(ii)

8 years, in the case of the New Zealand Armed Forces Award, the New Zealand Air Efficiency Award, the Royal New Zealand Naval Reserve Decoration, the Royal New Zealand Naval Volunteer Reserve Decoration, or the Royal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal.

13 Service for which member already eligible for long service award or clasp

(1)

A period of service in respect of which a member is eligible for a long service award or a clasp may not be counted towards eligibility for another long service award or clasp.

(2)

However, if, before these regulations commenced, a member has served the period that the member was required to serve to be eligible for an award or a clasp and that period is longer than the period required for the same award or clasp under these regulations,—

(a)

the member may not exchange his or her existing award for the same award with a different rank or corps engraved; but

(b)

the difference between the two periods may be counted towards eligibility for another long service award or a clasp under these regulations.

(3)

For the purposes of subclause (2), same award, in relation to the following awards, means the award specified in brackets:

(a)

Air Efficiency Award (New Zealand Air Efficiency Award):

(b)

Efficiency Decoration (New Zealand Efficiency Decoration):

(c)

Efficiency Medal (New Zealand Efficiency Medal).

14 Longer qualifying period for New Zealand Armed Forces Award and clasp for members whose service ended before 1 December 1977

In the case of a member described in regulation 3(2),—

(a)

the period of service the member must have performed to be eligible for the New Zealand Armed Forces Award is 15 years; and

(b)

the period of service the member must have performed to be eligible for a clasp to the New Zealand Armed Forces Award is 15 years.

15 Shorter qualifying periods for efficiency long service awards and clasps for members who attested before 1 July 2021

In the case of a member who first attested in the Armed Forces before 1 July 2021,—

(a)

the period of service the member must perform to be eligible for the New Zealand Efficiency Decoration or the New Zealand Efficiency Medal is 12 years; and

(b)

the period of service the member must perform to be eligible for a clasp to the New Zealand Efficiency Decoration or the New Zealand Efficiency Medal is 6 years; and

(c)

the period of service the member must perform to be eligible for the New Zealand Air Efficiency Award is 10 years.

16 Shorter period of efficient service required for naval reserves long service awards for members who attested before 1 July 2021

(1)

This regulation applies to the following long service awards:

(a)

the Royal New Zealand Naval Reserve Decoration:

(b)

the Royal New Zealand Naval Volunteer Reserve Decoration:

(c)

the Royal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal.

(2)

The 14-year period of service that a member who first attested in the Armed Forces before 1 July 2021 must perform to be eligible, in accordance with regulation 8, for one of the long service awards to which this regulation applies may include up to 2 years of service that is not regular or efficient service.

17 Revocations

The following regulations are revoked:

(a)

Air Efficiency Award Regulations 1954 (SR 1954/15):

(b)

Efficiency Medal Regulations 1966 (SR 1966/34):

(c)

Efficiency Decoration Regulations 1966 (SR 1966/35).

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 conferral of long service awards for people who have served in the Armed Forces. These regulations are made under 9 Royal Warrants that were made on 14 August 2020. The Royal Warrants establish or continue 10 long service awards. The 10 long service awards are—

  • the New Zealand Air Efficiency Award:

  • the New Zealand Armed Forces Award:

  • the New Zealand Army Long Service and Good Conduct Medal:

  • the New Zealand Efficiency Decoration:

  • the New Zealand Efficiency Medal:

  • the Royal New Zealand Air Force Long Service and Good Conduct Medal:

  • the Royal New Zealand Naval Reserve Decoration:

  • the Royal New Zealand Naval Volunteer Reserve Decoration:

  • the Royal New Zealand Naval Volunteer Reserve Long Service and Good Conduct Medal:

  • the Royal New Zealand Navy Long Service and Good Conduct Medal.

Each long service award recognises a particular type of service in the Armed Forces. The Royal Warrants and these regulations provide a consistent approach to the conferral of long service awards.

These regulations apply to any person who served in the Armed Forces on or after 1 December 1977 and, in relation to the New Zealand Armed Forces Award only, to any person who served between 6 February 1952 and 1 December 1977 as an officer in the regular forces, or as an officer in a New Zealand military force raised in time of war or other like emergency.

Under these regulations, a person must serve 14 years to be eligible for a long service award. A person must serve a further 7 years to be eligible for a clasp to the long service award. A person is eligible for another clasp for every subsequent period of 7 years that the person serves.

The type of long service award that a person is eligible to receive is determined by the type of service the person performed. For example, if the greatest part of the 14 years of service a person has performed is as a soldier in the Regular Force of the New Zealand Army, that person will be entitled to the New Zealand Army Long Service and Good Conduct Medal.

If a person became eligible to receive a long service award or clasp before the commencement of these regulations, he or she will be eligible for clasps to the award in accordance with these regulations. In addition, if the long service award or clasp that the person became eligible to receive has a shorter qualifying period under these regulations, he or she will have the benefit of the shorter period when counting periods of service towards another long service award or towards clasps.

The regulations also—

  • require that any non-regular service counted towards a long service award or clasp must be efficient service (see regulation 10):

  • promote good character and conduct by providing that, if a member engages in conduct that results in a civil or service conviction, service completed before that conduct ended does not count towards the member’s award or clasp (see regulation 11):

  • allow for service in Commonwealth countries of which The Queen is Head of State to be counted towards long service awards and clasps (subject, in the case of certain long service awards, to some limits) (see regulation 12):

  • provide for a longer qualifying period for the New Zealand Armed Forces Award and clasp for members whose service ended before 1 December 1977, to reflect the longer qualifying period that applied to regular force long service awards and clasps in the past (see regulation 14):

  • provide for shorter qualifying periods for certain long service awards and clasps for members who attested before 1 July 2021 to reflect the shorter qualifying periods that applied to those awards in the past (see regulation 15):

  • provide that, for members who attested before 1 July 2021, just 12 out of the 14 years required to be eligible for certain long service awards must be efficient or regular. This reflects criteria that applied to those awards in the past (see regulation 16):

  • revoke regulations that are superseded by these regulations.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2020.

These regulations are administered by the New Zealand Defence Force.