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Defence Act 1990

Secretary of Defence, Chief of Defence Force, and Chiefs of Service

27: Defence Force Orders

You could also call this:

"Rules for the Defence Force to follow, made by the Chief of Defence Force"

Illustration for Defence Act 1990

The Chief of Defence Force can issue Defence Force Orders to help perform their duties. These orders must not go against the Defence Act 1990, the Armed Forces Discipline Act 1971, or any other law. You can think of Defence Force Orders like instructions that help the Defence Force work properly. The Chief of Defence Force can also allow other officers or people to issue these orders. When an order is issued, it will come into force on a specific date, which could be the date it was issued or a later date. Sometimes, an order can even apply from an earlier date, but this only happens for orders about the terms and conditions of service for Armed Forces members that give them benefits. If someone shows a document that seems to be a copy of a Defence Force Order, and it has a copied signature of the Chief of Defence Force or someone they authorised, it is considered proof of the order in court and other situations, unless someone can prove it is not genuine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206023.

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26: Chief of Defence Force may be relieved of particular responsibilities in time of war or other like emergency, or

"The boss of the Defence Force can have some jobs taken away in a war or emergency."

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27A: Application of Legislation Act 2019 to Defence Force Orders, or

"How the Legislation Act 2019 applies to Defence Force laws"

Part 3Secretary of Defence, Chief of Defence Force, and Chiefs of Service

27Defence Force Orders

  1. In performing the functions and duties and exercising the powers of the Chief of Defence Force, the Chief of Defence Force may from time to time, for the purposes of this Act, issue Defence Force Orders, not inconsistent with this Act, the Armed Forces Discipline Act 1971, or any other enactment.

  2. Any officer or person duly authorised by the Chief of Defence Force, either by name or appointment, may issue Defence Force Orders.

  3. The production of a document that purports to be a copy of a Defence Force Order and that includes a copy of the signature of the Chief of Defence Force, or of any officer or other person duly authorised by the Chief of Defence Force to sign such copies, shall, in the absence of proof to the contrary, be sufficient evidence of the order in all courts and proceedings and for all other purposes.

  4. Subject to subsection (5), every order issued under this section shall come into force on such date as may be specified in the order, being the date of the order or any other date after the date on which it was issued.

  5. Any order issued under this section relating to terms and conditions of service of members of the Armed Forces and conferring benefits on any such members may have effect from a date before the date of the issue of the order.

Notes
  • Section 27(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 27(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).