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Defence Act 1990

Terms and conditions of service in the armed forces - Provisions relating to minors

36: Enlistment of minors

You could also call this:

"Joining the Army if You're Under 18"

Illustration for Defence Act 1990

If you are under 18 years old and want to join the Armed Forces, you need to meet certain conditions. You must not be married or in a civil union, and a parent or guardian must not object to your enlistment, unless they are unable to make decisions due to a disability. You will need to get written consent from a parent, guardian, or the court, depending on your situation, and they must be aware that you will be liable for active service when you turn 18. If a parent or guardian is unable to give consent, you may need to get it from someone else, such as a District Court Judge. The person giving consent must acknowledge that you will be liable for active service when you turn 18. If you cannot get consent, you will need to explain why. Your enlistment will be binding, even if you change your mind later, as stated in the Contract and Commercial Law Act 2017, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844186. A person is considered unable to make decisions if they have a mental condition that stops them from understanding what they are doing. The Care of Children Act 2004, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM317497, also applies to your situation. You can find more information about this Act at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM317232. Remember, it is essential to follow the rules and get the necessary consent before joining 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=DLM206046.

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Part 4Terms and conditions of service in the armed forces
Provisions relating to minors

36Enlistment of minors

  1. Subject to section 46 of the Care of Children Act 2004, a person under 18 years of age (in this section referred to as a minor) shall not, unless he or she is or has been married or in a civil union, be eligible to enlist or be accepted for service in the Armed Forces if any of the persons referred to in subsection (2) objects to the enlistment.

  2. Subject to subsection (3), any such objection may be made—

  3. by a parent of the minor; or
    1. by any testamentary or court-appointed guardian of the minor; or
      1. by a court, if the minor is for the time being under the guardianship of that court under the Care of Children Act 2004.

        1. No such objection may be made by any parent or guardian who is for the time being under a disability.

        2. Subject to section 46 of the Care of Children Act 2004, every application by a minor (being a minor who is not and has not been married or in a civil union) for enlistment in the Armed Forces shall be accompanied by—

        3. a consent in writing obtained—
          1. if both parents of the minor are alive, are guardians of the minor, and are not under a disability, from one of those parents; or
            1. if both parents of the minor are alive, but only one of them is a guardian of the minor and is not under a disability and the minor has no other legal guardian, from that parent; or
              1. if only one of the parents of the minor is alive (being a parent who is a guardian of the minor and not under a disability) and the minor does not have any other legal guardian, from the surviving parent; or
                1. if both parents of the minor are alive but are under a disability, or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has one or more testamentary or court-appointed guardians, from that guardian or one of those guardians, as the case may be; or
                  1. if one of the parents of the minor is alive, and is a guardian of the minor and not under a disability, and the minor also has a testamentary or court-appointed guardian, from either the parent or the guardian; or
                    1. if both parents of the minor are alive but are under a disability or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has no testamentary or court-appointed guardian, from a District Court Judge; or
                      1. if the minor is for the time being placed under the guardianship of the court under the Care of Children Act 2004, from the court that made the order placing the minor under its guardianship; and
                      2. a written acknowledgment by the person giving the consent that he or she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years.

                        1. An acknowledgment referred to in subsection (4)(b) need not be given or signified separately from the written consent if the consent is given on a form that contains a conspicuous statement to the effect that the person enlisting will be liable for active service outside New Zealand at any time after attaining the relevant (specified) age.

                        2. If any such application is not accompanied by the required consent, it shall be accompanied by a statement of the reasons as to why consent has not or cannot be obtained.

                        3. The enlistment of any person pursuant to this section shall be binding on that person notwithstanding anything to the contrary in subpart 6 of Part 2 of the Contract and Commercial Law Act 2017 or any other enactment.

                        4. For the purposes of this section, a person shall be deemed to be under a disability if, by reason of his or her mental condition, that person is unable to understand the nature of any objection or, as the case may be, any consent made or given for the purposes of this section.

                        Compare
                        Notes
                        • Section 36(1): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                        • Section 36(1): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                        • Section 36(2)(c): substituted, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
                        • Section 36(2)(c): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                        • Section 36(4): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                        • Section 36(4): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                        • Section 36(4)(a)(vii): substituted, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
                        • Section 36(4)(a)(vii): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                        • Section 36(4)(b): substituted, on , by section 4 of the Defence Amendment Act 2001 (2001 No 62).
                        • Section 36(7): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).