The Defence Act 1990 is an
Act of Parliament in New Zealand which establishes the
New Zealand Defence Force
The New Zealand Defence Force (NZDF; , "Line of Defence of New Zealand") is the three-branched military of New Zealand. The NZDF is responsible for the protection of the national security of New Zealand and its realm, promoting its interests, ...
(NZDF) and defines the respective roles of, and relationships between, the
minister of defence
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divid ...
, the
chief of defence force and the secretary of defence.
Background
Under previous legislation, the three services—
New Zealand Army
The New Zealand Army (, ) is the principal Army, land warfare force of New Zealand, a component of the New Zealand Defence Force alongside the Royal New Zealand Navy and the Royal New Zealand Air Force.
Formed in 1845, as the New Zealand Mil ...
,
Royal New Zealand Navy
The Royal New Zealand Navy (RNZN; ) is the maritime arm of the New Zealand Defence Force. The fleet currently consists of eight ships. The Navy had its origins in the Naval Defence Act 1913, and the subsequent acquisition of the cruiser , whi ...
and
Royal New Zealand Air Force
The Royal New Zealand Air Force (RNZAF; ) is the aerial warfare, aerial military service, service branch of the New Zealand Defence Force. It was formed initially in 1923 as a branch of the New Zealand Army, being known as the New Zealand Perm ...
—were part of the
Ministry of Defence
A ministry of defence or defense (see American and British English spelling differences#-ce.2C -se, spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and Mi ...
. 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 (head of the ministry) 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
Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...
the power of the raise armed forces. The governor-general is, under the
Letters Patent 1983,
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. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed For ...
as commander-in-chief for example.
The Act then states that the
minister of defence
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divid ...
: "...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; ) is the maritime arm of the New Zealand Defence Force. The fleet currently consists of eight ships. The Navy had its origins in the Naval Defence Act 1913, and the subsequent acquisition of the cruiser , whi ...
*
New Zealand Army
The New Zealand Army (, ) is the principal Army, land warfare force of New Zealand, a component of the New Zealand Defence Force alongside the Royal New Zealand Navy and the Royal New Zealand Air Force.
Formed in 1845, as the New Zealand Mil ...
*
Royal New Zealand Air Force
The Royal New Zealand Air Force (RNZAF; ) is the aerial warfare, aerial military service, service branch of the New Zealand Defence Force. It was formed initially in 1923 as a branch of the New Zealand Army, being known as the New Zealand Perm ...
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
A ministry of defence or defense (see American and British English spelling differences#-ce.2C -se, spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and Mi ...
, 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
{{NewZealand-law-stub