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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Preliminary provisions

71AB: Application to members of Armed Forces

You could also call this:

“How this law applies if you're in the Armed Forces”

This part of the law applies to you if you’re a member of the Armed Forces, whether you’re in New Zealand or somewhere else. It treats you as if you were an employee working for the Chief of Defence Force.

When you read this part of the law, remember that when it says “employee”, it means you as a member of the Armed Forces. When it says “employer”, it means the Chief of Defence Force. When it talks about an “employment agreement”, it means the rules set by the Chief of Defence Force based on the Defence Act 1990.

However, there’s one exception. Two parts of this law, called sections 71P and 71T, don’t apply to you if you’re in the Armed Forces.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6812608.

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71A: Purpose, or

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“A simple guide to parental leave payments in New Zealand”

Part 7A Payment for parental leave
Preliminary provisions

71ABApplication to members of Armed Forces

  1. Except as provided in subsection (3), this Part applies to a member of the Armed Forces, in New Zealand or otherwise, as if the member were an employee in the employment of the Chief of Defence Force.

  2. In this Part,—

  3. references to an employee must be read as including a member of the Armed Forces; and
    1. references to an employer must be read as including, for the purposes of members of the Armed Forces, the Chief of Defence Force; and
      1. references to an employment agreement must be read as including, for the purposes of members of the Armed Forces, conditions of service set by the Chief of Defence Force in accordance with the Defence Act 1990.

        1. Despite subsection (1), sections 71P and 71T do not apply to a member of the Armed Forces.

        Notes
        • Section 71AB: inserted, on , by section 49 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).