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Defence Act 1990

Miscellaneous provisions

101: Regulations

You could also call this:

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

Illustration for Defence Act 1990

The Governor-General can make regulations for the Defence Force. You need to know these regulations can be about many things. They can be about the rules for messes in naval ships and defence areas. The Governor-General can make regulations about intellectual property. This means things like ideas or inventions created by Defence Force members. You can read more about intellectual property in the Hazardous Substances and New Organisms Act 1996. The Governor-General can also make regulations about Defence Force bands and organisations. They can make rules about who can do certain activities in defence areas. They can control how hazardous substances are used in defence areas. Regulations can be about the enlistment of forces and their terms of service. They can be about traffic rules in defence areas. You can read more about secondary legislation in Part 3 of the Legislation Act 2019. These regulations can start on the date they are made or a later date. They can even start before they are made if they give a benefit to someone. Regulations can be about the whole Defence Force or just a part of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206936.

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Part 8Miscellaneous provisions

101Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes:

  2. providing for the establishment and conduct of messes in naval ships and defence areas:
    1. providing for—
      1. the vesting in the Crown of all intellectual property—
        1. devised or developed or created in the course of the duties of a member of the Defence Force, whether or not the intellectual property might reasonably be expected to result; or
          1. devised or developed or created wholly or principally by or through the use of resources provided by the Crown:
          2. the management and funding of the development and protection of intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i); and
            1. the payment of any amount by way of bonus or grant appropriate in the circumstances to a member of the Defence Force who devises or develops or creates any intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i).
            2. providing for the payment of grants to Defence Force bands, organisations, and affiliated bodies:
              1. authorising civilian persons or organisations to conduct prescribed activities in defence areas:
                1. controlling the packing, marking, handling, carriage, storage, and use in defence areas of hazardous substances as defined in section 2 of the Hazardous Substances and New Organisms Act 1996:
                  1. providing for the enlistment of forces under section 11(3)(e), (4)(d), or (5)(d), and providing for the terms and conditions of service of those forces:
                    1. providing for such matters as are specified in section 46 or section 93:
                      1. authorising the officer in charge of any defence area to regulate traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibit traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road in the area:
                        1. authorising the officer in charge of any defence area to regulate the use of vehicles and specify the conditions upon or subject to which they may be used in the area:
                          1. prescribing offences for the contravention of or non-compliance with any regulations made under paragraph (ga) or paragraph (gb), and providing that the maximum penalty that, on conviction, may be imposed for those offences is a term of imprisonment not exceeding 3 months or a fine not exceeding $1,000:
                            1. providing that any specified regulations of the Civil Aviation Regulations 1953, being—shall, with any necessary modifications, apply in respect of any military aerodrome and aircraft using such aerodromes:
                              1. regulations that relate to obstructions to air navigation and lights; or
                                1. general regulations relating to the administration of enforcement of regulations that so relate,—
                                2. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

                                  1. All regulations made under this section shall come into force on such date as may be specified in the regulations, being the date of the regulations or on any other date after the date on which they were made; except that any such regulations that confer a benefit on any person may have effect from a date before the date on which the regulations were made.

                                  2. Any such regulations may relate to the Defence Force generally or to any specified part of the Defence Force.

                                  3. Regulations under this section—

                                  4. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); but
                                    1. commence in accordance with subsection (2), even if they are not yet published.

                                      Notes
                                      • Section 101(1)(b): substituted, on , by section 21 of the Defence Amendment Act 1997 (1997 No 41).
                                      • Section 101(1)(e): substituted, on , by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
                                      • Section 101(1)(f): substituted, on , by section 6 of the Defence Amendment Act 2003 (2003 No 69).
                                      • Section 101(1)(ga): inserted, on , by section 7 of the Defence Amendment Act 1998 (1998 No 39).
                                      • Section 101(1)(gb): inserted, on , by section 7 of the Defence Amendment Act 1998 (1998 No 39).
                                      • Section 101(1)(gc): inserted, on , by section 5 of the Defence Amendment Act (No 2) 2005 (2005 No 100).
                                      • Section 101(1)(gc): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 101(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).