Defence Act 1990

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

42: Protection of employment when Proclamation made

You could also call this:

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

Illustration for Defence Act 1990

You are protected if you are called out for service. Part 2 of the Volunteers Employment Protection Act 1973 applies to you. This is if you are a member of the territorial forces or the reserve forces and are called out for continuous service due to a Proclamation made under section 39(2) or section 40(2) of the Defence Act 1990, or section 39(3) or section 40(3) in the event of an emergency involving the deployment of members of the Armed Forces outside New Zealand, and you were employed by an employer at the time of the Proclamation. You are also protected if you are called out for service during a state of emergency declared under the Civil Defence Emergency Management Act 2002. This means that your employment is protected when you are called out for service.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206065.

This page was last updated on View changes


Previous

41: Further provisions relating to Proclamations, or

"Rules about Proclamations made under the Defence Act 1990"


Next

43: Discretion to waive or postpone requirement for continuous service, or

"Taking a break from Defence Force service"

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

42Protection of employment when Proclamation made

  1. Part 2 of the Volunteers Employment Protection Act 1973 applies to—

  2. every employee—
    1. who is a member of the territorial forces or the reserve forces; and
      1. 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
        1. who was, at the time of the making of the Proclamation, employed by an employer:
        2. every employee—
          1. who is a member of the territorial forces or the reserve forces; and
            1. 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
              1. who was, at the time of the making of the Proclamation, employed by an employer.
              Notes
              • Section 42: substituted, on , by section 4(1) of the Defence Amendment Act 2004 (2004 No 13).