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Inspector-General of Defence Act 2023

Consequential amendments

Schedule 2: Administrative provisions relating to Inspector-General and Deputy Inspector-General

You could also call this:

"Rules for the Inspector-General and Deputy Inspector-General"

Illustration for Inspector-General of Defence Act 2023

You want to know about the rules for the Inspector-General and Deputy Inspector-General. They are appointed by the Governor-General for a certain time. The Inspector-General is appointed for up to 5 years and can be reappointed for up to 3 more years. You need to know that the Deputy Inspector-General is appointed for up to 3 years and can be reappointed for up to 3 more years. They can resign at any time by writing to the Governor-General. Their resignation takes effect on a date they choose. If the Inspector-General or Deputy Inspector-General leaves their job, a new person is appointed to replace them, following rules set out in section 7(2) and (3) for the Inspector-General and section 11(2) and (3) for the Deputy Inspector-General. They can be removed from their job if they are unable to do it, go bankrupt, neglect their job, or do something wrong. They get paid a salary and can claim expenses for travel and other work-related costs. They must tell the Minister about any interests they have that could affect their work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS770805.

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Schedule 1: Transitional, savings, and related provisions, or

"Extra rules for when the Inspector-General of Defence Act 2023 started"

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Schedule 3: Consequential amendments, or

"Changes to other laws because of the Inspector-General of Defence Act 2023"

2Administrative provisions relating to Inspector-General and Deputy Inspector-General Empowered by s 13

1Term of office of Inspector-General and Deputy Inspector-General

  1. A person holds office as the Inspector-General for an initial term (which must not be more than 5 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.

  2. A person holding office as the Inspector-General may be reappointed for 1 further term of not more than 3 years.

  3. A person holds office as the Deputy Inspector-General for an initial term (which must not be more than 3 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.

  4. A person holding office as the Deputy Inspector-General may be reappointed for 1 or more further terms of not more than 3 years each.

  5. Unless they have died, resigned, or been removed, a person holding office as the Inspector-General or the Deputy Inspector-General continues to hold office until one of the following occurs, even if the term for which they were appointed has ended:

  6. the person is reappointed:
    1. the person’s successor is appointed.

      1. The Inspector-General and Deputy Inspector-General may at any time resign by written notice to the Governor-General.

      2. A notice of resignation under subclause (6) must state the date on which the resignation takes effect.

      Notes
      • Schedule 2 clause 1(3): editorial change made by the PCO, on , under sections 86(1) and 87(k) and (l)(i) of the Legislation Act 2019 (2019 No 58).

      2Filling of vacancy

      1. If the office of Inspector-General becomes vacant, the vacancy must be filled by the appointment of a successor in accordance with section 7(2) and (3).

      2. If the office of Deputy Inspector-General becomes vacant, the vacancy must be filled by the appointment of a successor in accordance with section 11(2) and (3).

      3. Subclause (4) applies if—

      4. the office of Inspector-General or Deputy Inspector-General becomes vacant while Parliament is not in session, or is vacant at the close of a session; and
        1. the House of Representatives has not recommended an appointment to fill the vacancy.

          1. When this subclause applies, the vacancy may, at any time before the commencement of the next session of Parliament, be filled by the appointment of a successor by the Governor-General in Council.

          2. An appointment made under subclause (4) lapses and the office again becomes vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.

          3Removal or suspension from office

          1. The Inspector-General or Deputy Inspector-General may be removed or suspended from office by the Governor-General, acting on an address from the House of Representatives, for any of the following:

          2. incapacity:
            1. bankruptcy:
              1. neglect of duty:
                1. misconduct:
                  1. failure to hold the appropriate security clearance.

                    1. At any time when Parliament is not in session, the Inspector-General or Deputy Inspector-General may be suspended from office by the Governor-General for any of the reasons specified in subclause (1)(a) to (e), but a suspension under this subclause does not continue in force beyond 2 months after the beginning of the next session of Parliament.

                    4Remuneration and expenses

                    1. The Inspector-General and Deputy Inspector-General must be paid, out of public money and without further appropriation than this clause,—

                    2. salaries at the rates determined by the Remuneration Authority; and
                      1. allowances (if any) determined by the Remuneration Authority.

                        1. The Inspector-General and Deputy Inspector-General are entitled to receive from the funds of the Inspector-General’s office the actual and reasonable costs for travelling and other expenses that relate to the performance of their functions.

                        5Disclosure of interests

                        1. The Inspector-General and the Deputy Inspector-General must each give written notice to the Minister of all financial and other interests that they have or acquire that could conflict with the proper performance of their functions.