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Defence Act 1990

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

43: Discretion to waive or postpone requirement for continuous service

You could also call this:

"Taking a break from Defence Force service"

Illustration for Defence Act 1990

You can have a break from serving in the Defence Force if you need to. The Chief of Defence Force can decide to let you stop serving for a while or to serve in a different way. They can make this decision for you or for a group of people. You can ask the Chief of Defence Force for a break from serving, or your employer can ask if you are in the territorial or reserve forces. The Chief of Defence Force can say yes to your request. If you are going to be sent to serve outside New Zealand, you need to ask for a break at least 7 days before you leave. This is so the Defence Force can make plans for your service.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206068.

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

43Discretion to waive or postpone requirement for continuous service

  1. Notwithstanding section 38 or section 39 or section 40, the Chief of Defence Force, or an officer authorised for the purpose by the Chief of Defence Force, may at any time, either generally or in any particular case, waive in whole or in part, or postpone, the period of continuous service that would otherwise be required of any member of the regular forces or of the territorial forces or of the reserve forces by virtue of any Proclamation made under those sections.

  2. A waiver or postponement under subsection (1) may be made on the application of the member or (in the case of a member of the territorial forces or of the reserve forces) the member’s employer.

  3. Where the member is to be part of a deployment of the Armed Forces outside New Zealand, an application for a waiver or postponement under this section shall be made not less than 7 days before the date on which the member is due to leave New Zealand as part of that deployment.