The Defence Act 1990 is an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
in New Zealand which establishes the
New Zealand Defence Force
The New Zealand Defence Force (NZDF; mi, Te Ope Kātua o Aotearoa, "Line of Defence of New Zealand") are the armed forces of New Zealand. The NZDF is responsible for the protection of the national security of New Zealand and her realm, prom ...
(NZDF) and defines the respective roles of, and relationships between, the
minister of defence
A defence minister or minister of defence is a cabinet official position in charge of a ministry of defense, which regulates the armed forces in sovereign states. The role of a defence minister varies considerably from country to country; in som ...
, the
chief of defence force and the secretary of defence.
Background
Under previous legislation, the three services—
New Zealand Army,
Royal New Zealand Navy
The Royal New Zealand Navy (RNZN; mi, Te Taua Moana o Aotearoa, , Sea Warriors of New Zealand) is the maritime arm of the New Zealand Defence Force. The fleet currently consists of nine ships. The Navy had its origins in the Naval Defence Act ...
and
Royal New Zealand Air Force—were part of the
Ministry of Defence. Post-1990, the Ministry of Defence is a separate, policy-making body under a secretary of defence; the chief of defence force and secretary of defence have both separate and shared responsibilities.
Provisions
Part 1: Constitution of armed forces
The Act constitutes the armed forces "in the name and on behalf of the Sovereign" and grants the
governor-general the power of the raise armed forces. The governor-general is, under the
Letters Patent 1983
The Letters Patent Constituting the Office of Governor-General of New Zealand is a royal decree and a part of the uncodified New Zealand constitution. Sometimes known as the Letters Patent 1983, the instrument has been amended twice (in 1987 and ...
, commander-in-chief of New Zealand. The Defence Act greatly restricts the powers of the commander-in-chief, unlike the
US president
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
as commander-in-chief for example.
The Act then states that the Minister of Defence: "...shall have the power of control of the New Zealand Defence Force, which shall be exercised through the Chief of Defence Force."
Part 2: The New Zealand Defence Force
The Act defines the different services of New Zealand Defence Forces:
*
Royal New Zealand Navy
The Royal New Zealand Navy (RNZN; mi, Te Taua Moana o Aotearoa, , Sea Warriors of New Zealand) is the maritime arm of the New Zealand Defence Force. The fleet currently consists of nine ships. The Navy had its origins in the Naval Defence Act ...
*
New Zealand Army
*
Royal New Zealand Air Force
And various reserve and territorial services.
Part 3: Secretary of Defence, Chief of Defence Force, and Chiefs of Service
The Act defines the Secretary of Defence as the chief executive of the
Ministry of Defence, the Chief of Defence Force as "principal military adviser to the Minister and other Ministers" and the other chiefs of the services of the defence force.
Part 4: Terms and conditions of service
Section 34 of the Act defines the
Armed forces oath.
References
Sources
*
*
Statutes of New Zealand
1990 in New Zealand law
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