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Armed Forces Discipline Act 1971

5: Active service

You could also call this:

"Being on active service means you're fighting or preparing for battle as part of the Armed Forces."

Illustration for Armed Forces Discipline Act 1971

You are part of the Armed Forces on active service when there is an order for it or you are fighting the enemy. You are also on active service when your part of the Armed Forces is in a foreign country with weapons. You stay on active service until an order says you are not. You are on active service as a member of the Armed Forces when there is an order for you or your group is on active service. An active service order is made by the Chief of Defence Force or someone they allow to do it. This order can say you are on active service or that you are not. The Chief of Defence Force decides when you are on active service and when you are not. They make an order to say you are on active service or to say you have stopped being on active service. You can learn more about the Defence Act at the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206946

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402310.

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5Active service

  1. For the purposes of this Act, any part of the Armed Forces is on active service when—

  2. there is for the time being in force an active service order posting it for active service; or
    1. it is engaged in operations against the enemy; or
      1. it is in armed occupation of any foreign country.

        1. For the purposes of this Act, every member of the Armed Forces is on active service when—

        2. there is for the time being in force an active service order posting that member for active service; or
          1. the part of the Armed Forces with which that member is serving or which that member is visiting is an active service.

            1. No person or part of the Armed Forces that is for the time being on active service shall cease to be on active service until the issue of an active service order to that effect.

            2. For the purposes of this section, the term active service order means an order of the Chief of Defence Force, or of an officer authorised by the Chief of Defence Force, for the purpose of—

            3. posting a part of the Armed Forces or any member of the Armed Forces on active service; or
              1. declaring that a part of the Armed Forces or any member of the Armed Forces has ceased to be on active service.

                Notes
                • Section 5(1)(b): substituted, on , by section 4 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
                • Section 5(1)(c): added, on , by section 4 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
                • Section 5(2): substituted, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
                • Section 5(4): substituted, on , by section 105(1) of the Defence Act 1990 (1990 No 28).