| Defence Act 1990 | |
|---|---|
 | |
| New Zealand Parliament | |
| |
| Citation | 1990 No 28 |
| Enacted by | House of Representatives |
| Royal assent | 1 April 1990 |
| Commenced | 1 April 1990 |
| Administered by | Ministry of Defence |
| Amended by | |
| 2007 | |
| Status: Current legislation | |
The Defence Act 1990 is an Act of Parliament in New Zealand which establishes the New Zealand Defence Force (NZDF) and defines the respective roles of, and relationships between, the minister of defence, the chief of defence force and the secretary of defence.
Under previous legislation, the three services—New Zealand Army, Royal New Zealand Navy 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 (head of the ministry) have both separate and shared responsibilities. [1]
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. [2] The governor-general is, under the Letters Patent 1983, commander-in-chief of New Zealand. [3] [4] The Defence Act greatly restricts the powers of the commander-in-chief, unlike the US president as commander-in-chief for example. [5]
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." [6]
The Act defines the different services of New Zealand Defence Forces:
And various reserve and territorial services. [7]
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. [8]
Section 34 of the Act defines the Armed forces oath. [9]
The New Zealand Defence Force is the three-branched military of New Zealand. The NZDF is responsible for the protection of the national security of New Zealand and her realm, promoting its interests, safeguarding peace and security, as well as supporting peacekeeping and humanitarian missions. It consists of three services: the Royal New Zealand Navy (RNZN), the New Zealand Army and the Royal New Zealand Air Force (RNZAF), as well as 'tri-service' components. As of June 2023, the NZDF has a strength of 14,996 employees, consisting of 8,669 regular force personnel, 3,260 reserve force personnel and 3,067 civilian members. It is supported by the New Zealand Ministry of Defence (MOD) and is commanded by the Chief of Defence Force (CDF).
The Ministry of Defence is the department responsible for implementing the defence policy set by His Majesty's Government, and is the headquarters of the British Armed Forces.
A commander-in-chief or supreme commander is the person who exercises supreme command and control over an armed force or a military branch. As a technical term, it refers to military competencies that reside in a country's executive leadership, a head of state, head of government, or other designated government official.
The Executive Council of New Zealand is the full group of "responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio.
The Dominion of New Zealand was the historical successor to the Colony of New Zealand. It was a constitutional monarchy with a high level of self-government within the British Empire.
The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, acceded to the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022 in the United Kingdom. The King's elder son, William, Prince of Wales, is the heir apparent.
Marshal of the Royal Air Force Cyril Louis Norton Newall, 1st Baron Newall, was a senior officer of the British Army and Royal Air Force. He commanded units of the Royal Flying Corps and Royal Air Force in the First World War, and served as Chief of the Air Staff during the first years of the Second World War. From 1941 to 1946 he was the Governor-General of New Zealand.
The Ministry of Defence is the public service department of New Zealand responsible for advising the government on strategic defence policy, acquiring military equipment to meet defence capability and conducting audits and assessments of the New Zealand Defence Force.
The Realm of New Zealand is the area over which the monarch of New Zealand is head of state. The realm is not a federation but is a collection of states and territories united under its monarch. New Zealand is an independent and sovereign state that has one territorial claim in Antarctica, one dependent territory (Tokelau), and two associated states. The Realm of New Zealand encompasses the three autonomous jurisdictions of New Zealand, the Cook Islands, and Niue.
The commander-in-chief of the Canadian Armed Forces exercises supreme command and control over Canada's military, the Canadian Armed Forces. Constitutionally, command-in-chief is vested in the Canadian monarch, presently King Charles III. Since the Letters Patent, 1947, were signed by King George VI, the governor general of Canada—presently Mary Simon—executes most of the duties of the sovereign, including in his role as commander-in-chief. Consequently, the governor general also uses the title Commander-in-Chief of the Canadian Forces. By protocol, the title used within international contexts is Commander-in-Chief of Canada.
The governor-general of New Zealand is the representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the advice of his New Zealand prime minister, appoints a governor-general to carry out his constitutional and ceremonial duties within the Realm of New Zealand.
The Darjah Utama Bakti Cemerlang (Tentera) is a decoration awarded to members of the Singapore Armed Forces and allied military members for exceptionally distinguished service or merit in senior command or staff positions.
The Australian Defence Organisation (ADO) is composed of the armed forces of the Commonwealth of Australia, the Australian Defence Force (ADF), and the Australian Public Service government department, the Department of Defence which is composed of a range of civilian support organisations.
The Ministry of Defence, is a cabinet-level government department of the Kingdom of Thailand. The ministry controls and manages the Royal Thai Armed Forces to maintain national security, territorial integrity, and national Defence. The armed forces of Thailand are composed of three branches: the Royal Thai Army, Royal Thai Navy, and Royal Thai Air Force.
Head of the Armed Forces is the position of the sovereign of the United Kingdom as commander-in-chief of the British Armed Forces. However, supreme military authority has been delegated by the monarch to the Defence Council of the United Kingdom, a body officially charged with the direction and administration of the Armed Forces.
The Ministry of Defence (MINISDEF) is the department of the Government of Spain responsible for planning, developing and carrying out the general guidelines of the Government about the defence policy and the managing of the military administration. It is the administrative and executive body of the Spanish Armed Forces.
The Constitutional Reform and Governance Act 2010, or CRAG Act, is an Act of the Parliament of the United Kingdom on UK constitutional law which affected the civil service and the ratification of treaties, and made other significant changes. It extends to all parts of the United Kingdom.
Dame Alison Burns Quentin-Baxter was a New Zealand public and international lawyer. She advised a number of small island states on the drafting of their constitutional documents.
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 since its original issue in 1983. The letters patent—essentially an open letter from Queen Elizabeth II that is a legal instrument—constitutes the office of governor-general as the monarch's representative in the Realm of New Zealand, vests executive authority in the governor-general, establishes the Executive Council to advise the governor-general, and makes provision for the exercise of the governor-general's powers should the office be vacant.
The Head of the Armed Forces is held by the monarch of New Zealand, Charles III. As the head, the monarch promotes and commemorates the history and service of New Zealand Defence Force. The monarch also serves as the locus of fealty in the New Zealand Defence Force's oath of allegiance.
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