Defence Act 1990

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

41: Further provisions relating to Proclamations

You could also call this:

"Rules about Proclamations made under the Defence Act 1990"

When a Proclamation is made under certain sections of the Defence Act 1990, such as section 38(2)(c), section 39(3), or section 40(3), it applies to you. You will see the reasons for making the Proclamation stated in it. The Governor-General makes these Proclamations. If a Proclamation is made under section 38(2)(c), the time period can be extended by up to 6 months at a time, but it cannot be longer than 12 months in total. You will see the new time period stated in the Proclamation that extends it. The Governor-General decides on the new time period. If a Proclamation is made under section 39(3) or section 40(3), the time period can be extended by up to 3 months at a time, but it cannot be longer than 12 months in total. You will see the new time period stated in the Proclamation that extends it. The Governor-General decides on the new time period. When the Governor-General makes a Proclamation, you will be informed about it through the House of Representatives. The Governor-General will tell the House of Representatives why the Proclamation was made. This happens as soon as possible, either right away if the House of Representatives is meeting, or at the next available chance if it is not meeting.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206064.

This page was last updated on 14 December 2025 — View changes

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40: Liability for service in reserve forces, or

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

42: Protection of employment when Proclamation made, or

"Your job is protected if you're called to serve in the military."

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

41Further provisions relating to Proclamations

This section applies to every Proclamation made under section 38(2)(c) or section 39(3) or section 40(3).
Every Proclamation to which this section applies shall have stated in it the reasons for its making.
The period specified in any Proclamation made under section 38(2)(c) may from time to time be extended, by Proclamation, for a further period or periods not exceeding 6 months on any one extension as may be specified in the Proclamation by which it is extended, but so that the total period shall not exceed 12 months.
The period specified in any Proclamation made under section 39(3) or section 40(3) may from time to time be extended, by Proclamation, for a further period or periods not exceeding 3 months on any one extension as may be specified in the Proclamation by which it is extended, but so that the total period shall not exceed 12 months.
On making any Proclamation to which this section applies, or any Proclamation under subsection (3) or subsection (4), the Governor-General shall inform the House of Representatives that the Proclamation has been made, and of the reasons for its making,—
forthwith, if the House of Representatives is then sitting; or
if the House of Representatives is not then sitting, at the earliest practicable opportunity.