Plain language law

New Zealand law explained for everyone

Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - Additional powers in investigations

32: Special procedure for visiting operational theatres

You could also call this:

"Rules for Inspector-General visits to military areas"

Illustration for Inspector-General of Defence Act 2023

The Inspector-General cannot visit an operational theatre without the Chief of Defence Force's consent. You need to know that the Chief of Defence Force will only refuse consent if the visit would significantly impede a military operation or risk the security of a defence area. The Chief of Defence Force can also give consent with conditions to prevent these risks. If the Chief of Defence Force refuses or gives consent with conditions, they must tell the Inspector-General why. You should be aware that if circumstances change, the Chief of Defence Force must reconsider the Inspector-General's request. The Chief of Defence Force must then inform the Inspector-General of any change in their decision. A defence area is defined in section 2(1) of the Defence Act 1990. An operational theatre is a geographic area where a military campaign is being conducted. The Inspector-General must inform the Chief of Defence Force if they no longer wish to visit an operational theatre.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS718663.

This page was last updated on — View changes

Topics:
Government and voting > Government departmentsCrime and justice > Police and safety
Previous

31: Inspector-General may enter Defence Force premises, or

"The Inspector-General can visit Defence Force places to help with investigations"

Next

33: Disclosure may be required despite obligation of secrecy, or

"You must tell the Inspector-General information, even if it's a secret."

Part 4Inspector-General’s powers to obtain information and assistance
Additional powers in investigations

32Special procedure for visiting operational theatres

  1. The Inspector-General must not visit an operational theatre unless the Chief of Defence Force has consented to the visit.

  2. The Chief of Defence Force must consent to a request by the Inspector-General to visit an operational theatre unless the Chief of Defence Force considers that the visit would—

  3. significantly impede a military operation; or
    1. risk the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.

      1. Consent to a visit under this section may be given subject to any conditions that the Chief of Defence Force considers necessary to prevent the visit from—

      2. significantly impeding a military operation; or
        1. risking the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.

          1. If consent under this section to visit an operational theatre is refused or is given subject to conditions, the Chief of Defence Force must—

          2. inform the Inspector-General of the reason for the refusal or conditions; and
            1. if a change in circumstances means that the reason no longer applies,—
              1. reconsider the Inspector-General’s request in light of the change of circumstances; and
                1. notify the Inspector-General of any change in the Chief of Defence Force’s decision; and
                  1. if the outcome of the reconsideration is that consent to the visit is still refused or given subject to conditions, inform the Inspector-General of the reason for the continued refusal or conditions.

                  2. If, after being refused consent or given consent subject to conditions to visit an operational theatre, the Inspector-General decides that they no longer wish to visit it, they must inform the Chief of Defence Force of that fact.

                  3. Subsection (4)(b) does not apply if the Inspector-General has informed the Chief of Defence Force that the Inspector-General no longer wishes to visit the operational theatre.

                  4. In this section,—

                    defence area has the meaning given in section 2(1) of the Defence Act 1990

                      operational theatre means a geographic area in which a military campaign or a series of major military operations is being conducted.