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Defence Act 1990

Miscellaneous provisions

102: Transitional provisions

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Illustration for Defence Act 1990

When you read other laws, you will see references to old names like the New Zealand Naval Forces or the Army. These names now mean the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, as set up under section 11. You should read them as referring to these new forces. You will also see references to old boards like the New Zealand Naval Board or the Army Board. These names now mean the Chief of Defence Force, unless the context says otherwise. This applies to all documents, including laws, agreements, and notices. Some orders and instructions were issued by these old boards before this law started. These orders will still apply until the Chief of Defence Force cancels them, and they can be changed by the Chief of Defence Force at any time. They will be treated as if they were issued under section 27. If there were any contracts or leases in place before this law started, they will still apply. This is even if the Ministry of Defence or the Defence Force wants to change who benefits from them. Any employment conditions that were set before this law started will still apply until they are changed or cancelled under section 45 of this law. If you were a member of the regular forces before this law started, you are entitled to a benefit when you finish your service. The amount of this benefit will be decided by the Chief of the Defence Force. Any awards or agreements that applied to Ministry of Defence employees before this law started will still apply. They will be treated as if they were negotiated by the Chief of Defence Force under section 70. For the purposes of any entitlements, working for the Ministry of Defence is considered the same as working as a member of the Civil Staff. This means that your service with the Ministry of Defence will count as service as a member of the Civil Staff.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206942.

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Part 8Miscellaneous provisions

102Transitional provisions

  1. Every reference in any Act to the New Zealand Naval Forces or the Naval Forces, or to the New Zealand Army or the Army, or to the Royal New Zealand Air Force or the Air Force means the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, as the case may be, constituted under section 11.

  2. Every reference to the New Zealand Naval Board, the New Zealand Navy Board, the Naval Board of New Zealand, or the Naval Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.

  3. Every reference to the Army Board or the Army Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.

  4. Every reference to the Air Board or the Air Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.

  5. Every reference to the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force.

  6. All orders or instructions issued by or under the authority of the Naval Board or the Naval Board of the New Zealand Defence Council, the Army Board or the Army Board of the New Zealand Defence Council, or the Air Board or the Air Board of the New Zealand Defence Council, or the New Zealand Defence Council, that are in force immediately before the commencement of this Act shall, until revoked by the Chief of Defence Force, continue in force as if they were Defence Force Orders issued under section 27. Any such orders or instructions may from time to time be amended by the Chief of Defence Force.

  7. Every lease, licence, or other contract or arrangement in force immediately before the commencement of this Act and executed for any of the purposes of the Ministry of Defence shall continue to have effect according to its tenor notwithstanding that it may hereafter be intended that any right, title, privilege, or benefit presently enjoyed by the Ministry of Defence under the contract or arrangement shall be enjoyed by the Defence Force alone, or by the Defence Force and the Ministry of Defence jointly.

  8. All conditions of employment fixed under section 46 of the Defence Act 1971, or under any corresponding former enactment, and in force immediately before the commencement of this Act shall be deemed to have been fixed under section 45 of this Act, and shall continue to have effect until they are revoked or superseded under that section of this Act.

  9. Every member of the regular forces whose service commenced before the commencement of this Act is entitled, on completion of that service, to an Armed Forces Terminal Benefit of an amount prescribed by the Chief of the Defence Force in accordance with criteria applying immediately before that commencement.

  10. Every award or agreement in force in relation to employees of the Ministry of Defence immediately before the commencement of this Act shall be deemed for the purposes of this Act to have been negotiated by the Chief of Defence Force under section 70 in relation to any relevant group of employees in the Civil Staff, and shall continue to apply to any such group until it is superseded by any other award or agreement negotiated by the Chief of Defence Force under that section.

  11. For the purposes of any entitlement under any award or agreement or contract of employment, service with the Ministry of Defence shall be deemed to be service as a member of the Civil Staff.

Notes
  • Section 102(9): substituted, on , by section 6 of the Defence Amendment Act 2000 (2000 No 59).