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Defence Act 1990

The New Zealand Defence Force

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

You could also call this:

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

Illustration for Defence Act 1990

The Chief of Defence Force can send you to work with another country's armed forces if you are a member of the New Zealand Armed Forces. This can happen if you are a regular force member or a territorial or reserve force member who is required to work continuously or serve outside New Zealand. You will still have to follow New Zealand law, including the Defence Act and the Armed Forces Discipline Act, even when you are working with another country's armed forces. You can be sent to work with another country's armed forces without your consent in times of war or emergency, but otherwise you have to agree to it. The Chief of Defence Force has the power to make these decisions, and you will have to follow the laws that apply to the armed forces you are working with, as well as New Zealand laws, 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=DLM206010.

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22: Transfer for employment with other forces, or

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

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

"Working with New Zealand Armed Forces from another country"

Part 2The New Zealand Defence Force

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

  1. The Chief of Defence Force may place a specified member, or a specified class of members, of the Armed Forces at the disposal of the service authorities of another State for the purpose of being attached by those authorities to the armed forces of that State.

  2. The power conferred on the Chief of Defence Force by subsection (1) may be exercised only in respect of—

  3. 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 under a Proclamation issued under section 39 or section 40; or
        1. liable to serve outside New Zealand under 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 may not be dealt with under subsection (2)(b)(ii) without that member’s consent.

        3. A member of the Armed Forces attached to the armed forces of another State under subsection (1) remains subject to this Act and the Armed Forces Discipline Act 1971 and to the law applicable to those forces.

        Notes
        • Section 23: substituted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).