Part 4Terms and conditions of service in the armed forces
Liability for and duration of service
42Protection of employment when Proclamation made
Part 2 of the Volunteers Employment Protection Act 1973 applies to—
- every employee—
- who is a member of the territorial forces or the reserve forces; and
- who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002, is, as a consequence of a Proclamation made under section 39(2) or section 40(2) of this Act, called out for continuous service, either in New Zealand or elsewhere; and
- who was, at the time of the making of the Proclamation, employed by an employer:
- who is a member of the territorial forces or the reserve forces; and
- every employee—
- who is a member of the territorial forces or the reserve forces; and
- who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, is, as a consequence of a Proclamation made under section 39(3) or section 40(3), called out for continuous service, either in New Zealand or elsewhere; and
- who was, at the time of the making of the Proclamation, employed by an employer.
- who is a member of the territorial forces or the reserve forces; and
Notes
- Section 42: substituted, on , by section 4(1) of the Defence Amendment Act 2004 (2004 No 13).


