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Defence Act 1990

Terms and conditions of service in the armed forces - Liability for and duration of service

38: Liability for and duration of service in regular forces

You could also call this:

"Rules for Serving in the Army or Navy"

Illustration for Defence Act 1990

You are a member of the regular forces. You can be asked to serve at any time, in New Zealand or elsewhere. You have to follow certain conditions that are set. When your service time is up, you will be discharged or released. If there is a war or emergency, the Governor-General can make an order for you to keep serving. This order can be made even if your service time is up. You will have to keep serving until the war or emergency is over. In some emergencies, the Governor-General can also make an order for you to keep serving for up to 6 months. You will have to keep serving until the emergency is over or the 6 months are up, whichever happens first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206059.

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Part 4Terms and conditions of service in the armed forces
Liability for and duration of service

38Liability for and duration of service in regular forces

  1. Subject to sections 36 and 37, all members of the regular forces shall be liable at all times for service, either within New Zealand or elsewhere, subject to such conditions as may be prescribed.

  2. Notwithstanding subsection (1),—

  3. when the period of service of a member of the regular forces has been completed, that member shall be discharged or released from the regular forces without delay, but that member shall be liable to continue serving until that discharge or release is effected; and
    1. in time of war or other like emergency, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the war or emergency, be entitled to be discharged or released shall be liable to continue to serve; and, on the making of any such Proclamation, those members shall be liable to continue to serve during the continuance of the state of war or emergency for such period as the Minister may determine; and
      1. in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the emergency, be entitled to be discharged or released shall be liable to continue to serve for such period not exceeding 6 months as may be specified in the Proclamation; and on the making of any such Proclamation, those members shall be liable to continue to serve until the emergency has passed or until the period specified in the Proclamation has expired, whichever is the sooner.