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Defence Act 1990

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

57: Notice while subject to disciplinary proceedings, etc

You could also call this:

"Notice to leave the forces during disciplinary action"

Illustration for Defence Act 1990

You are a member of the regular forces. If you are facing disciplinary proceedings under the Armed Forces Discipline Act 1971, it means proceedings are happening or pending against you. You are also considered to be facing disciplinary proceedings if you are appealing or reviewing a decision. If you give notice to leave the forces while facing disciplinary proceedings, your time in the forces is not considered finished until the proceedings are completed. You must also serve any sentence given to you as a result of the proceedings. This also applies if you give notice to leave and then face disciplinary proceedings. If you are serving a sentence of imprisonment or detention under the Armed Forces Discipline Act 1971 and give notice to leave, your time in the forces is not considered finished until you have served the sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206404.

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56: Discretion to relax requirements, or

"Leaving the regular forces early is allowed if the Chief of Defence Force agrees."

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"The army can let you go if you behave badly and it's not fair to others."

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

57Notice while subject to disciplinary proceedings, etc

  1. For the purposes of this section,—

  2. a member of the regular forces is facing disciplinary proceedings if any proceedings (including any proceedings on appeal or review or by way of confirmation) against the member are continuing or pending under the Armed Forces Discipline Act 1971; and
    1. a member of the regular forces is serving a sentence of imprisonment or detention if the member is serving such a sentence imposed under the Armed Forces Discipline Act 1971.

      1. Notwithstanding subsection (3) of section 52, if a member of the regular forces who,—

      2. while facing disciplinary proceedings, gives notice under that section; or
        1. having given notice under that section, subsequently faces disciplinary proceedings,—
            1. that member’s period of service shall not be deemed to have been completed until the proceedings have been completed, and the member has served any sentence of imprisonment or detention imposed as a result of those proceedings.

          1. Notwithstanding subsection (3) of section 52 but subject to subsection (2)(b) of this section, if a member of the regular forces who is serving a sentence of imprisonment or detention gives notice under that section, that member’s period of service shall not be deemed to have been completed until the member has served that sentence.

          Notes
          • Section 57(2): amended, on , by section 5 of the Defence Amendment Act 1998 (1998 No 39).
          • Section 57(3): amended, on , by section 11 of the Defence Amendment Act 1997 (1997 No 41).