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Defence Act 1990

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

39: Liability for service in territorial forces

You could also call this:

"What happens if you're called to serve in the territorial forces during a war or emergency?"

Illustration for Defence Act 1990

You are in the territorial forces. The terms and conditions of your service can be set at any time. In a war or emergency, the Governor-General can make you serve continuously. This can happen under the Civil Defence Emergency Management Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206060.

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

39Liability for service in territorial forces

  1. Subject to subsection (2), the terms and conditions of service in the territorial forces shall be such as may be prescribed from time to time.

  2. In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002, the Governor-General may, by Proclamation, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, during the continuance of the state of war or emergency.

  3. 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, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, for such period not exceeding 3 months as may be specified in the Proclamation or until the emergency has sooner passed.

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Notes
  • Section 39(2): amended, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).