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Defence Act 1990

Terms and conditions of service in the armed forces - Pay and allowances, etc

45: Conditions of service in Armed Forces

You could also call this:

"Rules for Working in the Armed Forces"

Illustration for Defence Act 1990

The Chief of Defence Force decides the conditions of service for members of the Armed Forces. The Chief of Defence Force must think about fairness when deciding conditions of service. They must also talk to the Public Service Commission when making these decisions. The Remuneration Authority decides the pay for some top jobs in the Armed Forces. The Employment Relations Act 2000 does not apply to members of the Armed Forces, you can read more about this act on the Employment Relations Act 2000 webpage. Nothing in this law changes the conditions of service that were already in place before 1 April 1988. The Chief of Defence Force has to consider things like fairness and recruiting good people when deciding conditions of service. They must be fair to the people in the Armed Forces and to taxpayers. The Chief of Defence Force must work with the Public Service Commission when deciding conditions of 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=DLM206071.

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"What it means to be on active service in the military"

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"Rules about pay and work conditions for Armed Forces members"

Part 4Terms and conditions of service in the armed forces
Pay and allowances, etc

45Conditions of service in Armed Forces

  1. Except as otherwise provided in this section, the conditions of service of members of the Armed Forces shall be prescribed by the Chief of Defence Force.

  2. In prescribing conditions of service under subsection (1), the Chief of Defence Force shall have regard to the following criteria:

  3. the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and
    1. the need to be fair both—
      1. to the persons or group of persons whose remuneration is being determined; and
        1. to the taxpayer; and
        2. the need to recruit and retain competent persons.

          1. The Chief of Defence Force shall consult with the Public Service Commission when prescribing conditions of service of members of the Armed Forces under this section. The Public Service Commission may at any time, either before or during the prescribing of such conditions of service, indicate to the Chief of Defence Force that it wishes to participate with the Chief of Defence Force in prescribing those conditions of service, and the Chief of Defence Force shall allow the Public Service Commission to participate accordingly.

          2. The remuneration of members holding the positions of—

          3. Chief of Defence Force; or
            1. the Chief of Navy; or
              1. the Chief of Army; or
                1. the Chief of Air Force,—
                    1. shall be determined from time to time by the Remuneration Authority.

                  1. Nothing in the Employment Relations Act 2000 applies to the conditions of service of members of the Armed Forces.

                  2. Repealed

                  3. Nothing in this section affects any conditions of service in force in respect of members of the Armed Forces immediately before 1 April 1988.

                  Notes
                  • Section 45(1): amended, on , by section 7(a) of the Defence Amendment Act 1997 (1997 No 41).
                  • Section 45(2): amended, on , by section 7(b) of the Defence Amendment Act 1997 (1997 No 41).
                  • Section 45(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 45(3): amended, on , by section 7(b) of the Defence Amendment Act 1997 (1997 No 41).
                  • Section 45(4): amended, on , by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).
                  • Section 45(4)(b): substituted, on , by section 6 of the Defence Amendment Act 2005 (2005 No 49).
                  • Section 45(4)(c): substituted, on , by section 6 of the Defence Amendment Act 2005 (2005 No 49).
                  • Section 45(4)(d): substituted, on , by section 6 of the Defence Amendment Act 2005 (2005 No 49).
                  • Section 45(5): substituted, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                  • Section 45(5A): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).