Defence Act 1990

Miscellaneous provisions

100: Promulgation of orders

You could also call this:

"How Defence Force officers give orders"

You can get orders from Defence Force officers in different ways. They can tell you orally, put a notice in a newspaper, or post a written notice. Orders are valid if they follow Defence Force customs, unless the law says they must be in writing. You can get orders in other ways that are usual for the Defence Force. The Armed Forces Discipline Act 1971 also allows this. If an order does not follow the exact format, it is still valid if it is correct in other ways. But this rule does not apply to some special Defence Force Orders that are considered secondary legislation, as stated in this Act or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206935.

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99: Proclamations, etc, or

"Notices about Defence Force changes are made public"

101: Regulations, or

"Rules Made by the Governor-General for the Defence Force"

Part 8Miscellaneous provisions

100Promulgation of orders

All orders given under the authority of or in execution of this Act or under the Armed Forces Discipline Act 1971 by any officer of the Defence Force shall be valid and effectual if given orally, or by advertisement in a newspaper circulating in the locality, or by a printed or written notice affixed at a place previously appointed for the purpose, or issued in any other manner customary in the Defence Force, except in cases where this Act or the Armed Forces Discipline Act 1971 specially requires any such order to be in writing.
An order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of any such deviation.
This section does not apply to a Defence Force Order that is stated by this Act or any other legislation to be secondary legislation.

Notes

Section 100(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).