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Defence Act 1990

Terms and conditions of service in the armed forces - Discharge or release from regular forces on notice

52: Members may give notice of intention to leave regular forces

You could also call this:

"How to leave the regular forces by giving notice"

Illustration for Defence Act 1990

You can leave the regular forces by giving notice. You must give this notice in writing to the officer in charge of your ship or unit. The notice period starts on the day you give it. You are considered to have finished your service when the notice period ends. This is usually after the notice period, or after three months, whichever is longer. The Chief of Defence Force can also decide on an earlier date for you to leave. You need to follow some rules, like what is said in section 38(2)(b) and sections 53 to 57. The Chief of Defence Force can give more details about this in Defence Force Orders. You can find more information about changes to this rule in the Defence Amendment Act 1997.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206095.

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Part 4Terms and conditions of service in the armed forces
Discharge or release from regular forces on notice

52Members may give notice of intention to leave regular forces

  1. Subject to section 38(2)(b) and sections 53 to 57, a member of the regular forces may terminate his or her service in the regular forces at any time by giving notice to the officer in command of the member’s ship or unit.

  2. A notice given by a member of the regular forces for the purposes of this section shall be in writing, and the period of the notice shall commence to run on the day on which it is given to the officer in command of the member’s ship or unit.

  3. A member who gives notice to terminate his or her service in the regular forces shall be deemed to have completed his or her service on—

  4. the expiry of the notice; or
    1. if the period of notice is less than 3 months, the expiry of the period of 3 months commencing with the day on which the notice is given,—
        1. or on such earlier date as the Chief of Defence Force may from time to time prescribe in Defence Force Orders.

      Notes
      • Section 52(3): amended, on , by section 10 of the Defence Amendment Act 1997 (1997 No 41).