Defence Act 1990

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

54: State of critical manning

You could also call this:

"Staying in the Armed Forces due to a staff shortage"

You are in the Armed Forces and want to leave. The Chief of Defence Force can say a group of members is in a state of critical manning. If you are in this group and give notice to leave under section 52, you must stay for 2 more years. You will not be allowed to leave until 2 years are up from the day you gave notice. This rule does not affect section 53 or section 55. The Chief of Defence Force makes the decision about who is in a state of critical manning.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206099.

This page was last updated on 14 December 2025 — View changes

Topics:

Work and jobs > Worker rights

53: Return of service obligation, or

"Finishing your job after special training or serving overseas"

55: Notice while serving overseas, etc, or

"Noticing the End of Your Overseas Service in the Army"

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

54State of critical manning

For the purposes of this section, a specified class of members of the Armed Forces is in a state of critical manning if it is declared to be so by the Chief of Defence Force.
Notwithstanding subsection (3) of section 52, but without limiting section 53 or section 55, if a member of a class that is in a state of critical manning gives notice under section 52, that member’s period of service shall not be deemed to have been completed until the expiry of a period of 2 years commencing with the day on which the notice is given.

Notes

Section 54(2): amended, on 3 June 1998, by section 3 of the Defence Amendment Act 1998 (1998 No 39).