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New Zealand law explained for everyone

Defence Act 1990

Constitutional position of armed forces

10: Powers of requisition

You could also call this:

"The government can take control of properties in an emergency to help the Defence Force."

Illustration for Defence Act 1990

You need to know that the Minister can authorise the Chief of Defence Force to take control of certain properties in an emergency. This can happen when the Armed Forces are sent outside New Zealand and need things like ships, vehicles, or equipment. The Minister must be satisfied that it is necessary to take control of these properties. You will have to give up control of your property if it is requisitioned. The Chief of Defence Force will give you a written statement saying what property is being taken and who will control it. If you cannot be found, a member of the Defence Force will take control of your property and you will be given a written statement as soon as possible. If your property is damaged or you suffer a loss while it is under the control of the Defence Force, you will be paid compensation. This compensation will come from money allocated by Parliament. If there is a dispute about the compensation, it can be decided by a court. The court can decide if the Crown has to pay compensation and how much it has to pay. It can also decide who is entitled to the compensation. You can take your dispute to a court if you are not happy with the decision about your compensation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM205889.

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Part 1Constitutional position of armed forces

10Powers of requisition

  1. Where the Minister is satisfied—

  2. that there is an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces; and
    1. that it is necessary to requisition—
      1. any ship, vehicle, aircraft, supplies, or equipment for the use of the Armed Forces in connection with the emergency; or
        1. any land, building, or installation required to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces in connection with that emergency,—
          2. 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.

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

        3. any ship, vehicle, aircraft, supplies, or equipment necessary for the use of the Armed Forces; or
          1. any land, building, or installation necessary to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces—
              1. in connection with an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces.

            1. 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.

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

            3. may direct that a member of the Defence Force shall assume forthwith the control of the property; and
              1. shall, on giving any such direction, ensure that as soon as is reasonably practicable, a written statement specifying the requisitioned property is given to the owner or person formerly in control of the property.

                1. 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.

                2. 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.