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Defence Act 1990

Constitutional position of armed forces

9A: Use of Armed Forces to perform work of Civil Staff

You could also call this:

"Armed Forces can do Civil Staff work in special cases with Minister's permission"

Illustration for Defence Act 1990

You can't use the Armed Forces to do the work of Civil Staff during an industrial dispute without the Minister's permission. The Minister can give permission if they think it's necessary for national security, the Armed Forces' ability to do their job, or for safety and health reasons. The Minister must put their permission in writing and say what work can be done and for how long. You need to know that the Minister's permission is not limited by certain rules in the Employment Relations Act 2000, such as section 97. The Chief of Defence Force must tell the Civil Staff and their union if the Armed Forces are going to do their work. The Minister must also tell the House of Representatives why they gave permission. The Minister can extend the permission if they think it's still necessary, and they must follow the same rules as before. They don't have to share sensitive information when telling the House of Representatives about the permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1558431.

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Part 1Constitutional position of armed forces

9AUse of Armed Forces to perform work of Civil Staff

  1. No part of the Armed Forces may be used to perform work of the Civil Staff in connection with an industrial dispute except in accordance with the authority of the Minister.

  2. The Minister may grant an authority under subsection (1) if the Minister believes on reasonable grounds that—

  3. the work needs to be performed in order to avoid prejudicing—
    1. national security; or
      1. the ability or readiness (or both) of the Armed Forces to perform specific operational activities (whether within New Zealand or offshore) that are integral to core defence outputs; or
      2. it is necessary for the work to be performed for reasons of safety or health.

        1. An authority under this section must be in writing and must specify—

        2. the part or parts of the Armed Forces that may be used and the work that may be performed; and
          1. the period for which the authority applies.

            1. Subsection (2)—

            2. is not limited by the scope of section 97 of the Employment Relations Act 2000; and
              1. applies only to work performed by the Civil Staff (see section 9(2) in respect of the performance of other public services).

                1. The Chief of Defence Force must inform the Civil Staff whose work is to be performed by the Armed Forces, and their union, that an authority has been given under this section.

                2. The Minister must inform the House of Representatives (immediately if the House is then sitting or at the earliest practicable time if it is not) that an authority has been given under this section and of the reasons for giving it.

                3. The Minister is not required to share any sensitive information relating to the authority as part of the notification required to be given under subsection (6).

                4. The Minister may, by notice in writing, if satisfied that the circumstances under subsection (2) still apply at the end of the period specified under subsection (3)(b), extend the period for which the authority applies for a further specified period.

                5. Subsections (5) to (7) apply to an extension of an authority under subsection (8) as if every reference to an authority were a reference to an extension of the authority.

                Notes
                • Section 9A: inserted, on , by section 5 of the Defence (Workforce) Amendment Act 2025 (2025 No 69).