Defence Act 1990

Terms and conditions of service in the armed forces - Discharge or release from services for incompatible behaviour

57A: Members may be discharged or released for incompatible behaviour

You could also call this:

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

The Chief of Defence Force can discharge or release you from the Services if they believe you have behaved badly. They must think your behaviour is incompatible with maintaining good order and discipline, or that it brings a Service into disrepute. The Chief of Defence Force must also believe that discharging or releasing you is necessary to maintain good order and discipline, or to protect the Service's reputation. This rule applies to all kinds of behaviour, including sexual behaviour. The Chief of Defence Force makes this decision based on their belief about your behaviour. You can be discharged or released if the Chief of Defence Force thinks it is necessary. This provision was inserted by section 145 of the Human Rights Act 1993. It is used to decide when someone can be discharged or released from the Services. The Chief of Defence Force uses this provision to make decisions about your behaviour.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206409.

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

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57: Notice while subject to disciplinary proceedings, etc, or

"Notice to leave the forces during disciplinary action"

58: Unit and other non-public funds, or

"Rules about money for Armed Forces members and their families"

Part 4Terms and conditions of service in the armed forces
Discharge or release from services for incompatible behaviour

57AMembers may be discharged or released for incompatible behaviour

The Chief of Defence Force may institute the discharge or release of a member of the Services if the Chief of Defence Force has reasonable grounds for believing—
that the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within a Service or which tends to bring a Service into disrepute; and
that the discharge or release of the member is necessary—
1. to maintain good order and discipline; or
2. to avoid prejudice to the reputation of that Service.

Subsection (1) applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

Notes

Section 57A: inserted, on 1 February 1994, by section 145 of the Human Rights Act 1993 (1993 No 82).