Defence Act 1990

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

40: Liability for service in reserve forces

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"What happens if you're called to serve in the army during an emergency?"

Illustration for Defence Act 1990

You can serve in the reserve forces under certain terms and conditions. The Governor-General can move the reserve forces to the regular forces in times of war or emergency, like a state of emergency declared under the Civil Defence Emergency Management Act 2002. You will then have to serve continuously until the emergency is over.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206062.

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41: Further provisions relating to Proclamations, or

"Rules about Proclamations made under the Defence Act 1990"

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

40Liability for service in reserve forces

  1. Subject to subsection (2), the terms and conditions of service and training in the reserve 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, transfer the reserve forces, or any specified part of those forces, to the regular forces or the territorial forces; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, during the continuance of the state of war or emergency for such period as the Minister may determine.

  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, transfer the reserve forces, or any specified part of those forces, to the regular forces or the territorial forces for such period not exceeding 3 months as may be specified in the Proclamation; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, until the emergency has passed or the period specified in the Proclamation has expired, whichever is the sooner.

Notes
  • Section 40(2): amended, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).