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Defence Act 1990

The New Zealand Defence Force

22: Transfer for employment with other forces

You could also call this:

"Working with other countries' armed forces: what you need to know"

Illustration for Defence Act 1990

You can be transferred to work with other countries' armed forces. The Chief of Defence Force can order this transfer. You will still follow New Zealand's Defence Act and the Armed Forces Discipline Act, as well as the laws of the country you are transferred to. You can be transferred for a certain period and under certain conditions. These conditions are arranged between New Zealand and the other country. This can happen if you are a member of the regular forces or the territorial or reserve forces under certain circumstances. If you are in the territorial or reserve forces, you can be transferred if you are liable for continuous service or liable to serve outside New Zealand. In some cases, you cannot be transferred without your consent, unless it is an emergency. You will still be subject to New Zealand law and the law of the country you are transferred to, such as the Armed Forces Discipline Act 1971.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206007.

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21: Transfer of members of one Service to another Service, or

"Changing Jobs Within the Defence Force"

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23: Attachment of members of New Zealand Armed Forces to other armed forces, or

"Working with other countries' armed forces as a New Zealand Armed Forces member"

Part 2The New Zealand Defence Force

22Transfer for employment with other forces

  1. Without prejudice to the provisions of section 23, any member of the Armed Forces may, by order of the Chief of Defence Force, or, in the case of a member serving with any New Zealand force outside New Zealand, by order of the officer commanding that force, be transferred for employment with the armed forces of a Commonwealth country, or of any other allied country, or of the United Nations, or of any other organisation or association of States in which New Zealand is participating.

  2. A transfer ordered under subsection (1) may be for such period and subject to such conditions as may be arranged between the New Zealand authority and the appropriate authority of the armed forces of the other country or the United Nations or the other organisation or association of States, as the case may be.

  3. A member of the Armed Forces transferred for employment under subsection (1) remains subject to this Act and to the Armed Forces Discipline Act 1971, and to the law applicable to the forces to which the member is transferred.

  4. The power conferred by subsection (1) shall be exercised only in respect of—

  5. members of the regular forces; and
    1. members of the territorial or reserve forces who are for the time being—
      1. liable for continuous service pursuant to a Proclamation issued under section 39 or section 40; or
        1. liable to serve outside New Zealand pursuant to an offer under section 50.

        2. Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces shall not be dealt with under subsection (4)(b)(ii) without that member’s consent.

        Notes
        • Section 22(1): amended, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).
        • Section 22(3): substituted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).