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Defence Act 1990

Miscellaneous provisions

92: Arms, etc, to remain property of the Crown

You could also call this:

"Arms and equipment belong to the government, not you, unless given to keep."

Illustration for Defence Act 1990

You get arms, equipment, and uniforms from the Crown when you are in the Armed Forces. These things are presumed to belong to the Crown unless you can prove otherwise. The Crown also owns other public property it supplies to the Armed Forces. You keep things like arms and uniforms if they are given to you to keep forever. If not, the Crown still owns them unless you can prove otherwise. The Crown's property is safe from being taken away. The Crown's property in your possession is exempt from seizure in execution, as stated in section 364(1) of the Property Law Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206914.

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Part 8Miscellaneous provisions

92Arms, etc, to remain property of the Crown

  1. All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to the Armed Forces shall be presumed to remain the property of the Crown in the absence of proof to the contrary.

  2. All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to any member of the Armed Forces shall, unless issued to that member for retention by that member permanently, be presumed to remain the property of the Crown in the absence of proof to the contrary.

  3. All property of the Crown of any kind for the time being in the possession of a member of the Armed Forces shall be exempt from seizure in execution.

Notes
  • Section 92(3): amended, on , by section 364(1) of the Property Law Act 2007 (2007 No 91).