Defence (Workforce) Amendment Act 2025
Defence (Workforce) Amendment Act 2025
Public Act |
2025 No 69 |
|
Date of assent |
26 November 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Defence (Workforce) Amendment Act 2025.
2 Commencement
This Act comes into force on the day after Royal assent.
3 Principal Act
This Act amends the Defence Act 1990.
4 Section 9 amended (Use of Armed Forces to provide public service or assist civil power)
(1)
In section 9(8), replace “Any authority given under subsection (2) or subsection (4) shall lapse on the expiration of 14 days after the day on which it was given unless— ”
with “Any authority given under subsection (2) lapses 30 days after it is given and any authority given under subsection (4) lapses 14 days after it is given unless— ”
.
(2)
After section 9(8), insert:
(9)
Despite subsection (8)(a), if the House of Representatives is adjourned before or after an authority is given under subsection (2) and does not or will not reconvene before that authority would otherwise lapse, the authority is automatically extended until the next sitting day of the House.
5 New section 9A inserted (Use of Armed Forces to perform work of Civil Staff)
After section 9, insert:
9A Use of Armed Forces to perform work of Civil Staff
(1)
No part of the Armed Forces may be used to perform work of the Civil Staff in connection with an industrial dispute except in accordance with the authority of the Minister.
(2)
The Minister may grant an authority under subsection (1) if the Minister believes on reasonable grounds that—
(a)
the work needs to be performed in order to avoid prejudicing—
(i)
national security; or
(ii)
the ability or readiness (or both) of the Armed Forces to perform specific operational activities (whether within New Zealand or offshore) that are integral to core defence outputs; or
(b)
it is necessary for the work to be performed for reasons of safety or health.
(3)
An authority under this section must be in writing and must specify—
(a)
the part or parts of the Armed Forces that may be used and the work that may be performed; and
(b)
the period for which the authority applies.
(4)
Subsection (2)—
(a)
is not limited by the scope of section 97 of the Employment Relations Act 2000; and
(b)
applies only to work performed by the Civil Staff (see section 9(2) in respect of the performance of other public services).
(5)
The Chief of Defence Force must inform the Civil Staff whose work is to be performed by the Armed Forces, and their union, that an authority has been given under this section.
(6)
The Minister must inform the House of Representatives (immediately if the House is then sitting or at the earliest practicable time if it is not) that an authority has been given under this section and of the reasons for giving it.
(7)
The Minister is not required to share any sensitive information relating to the authority as part of the notification required to be given under subsection (6).
(8)
The Minister may, by notice in writing, if satisfied that the circumstances under subsection (2) still apply at the end of the period specified under subsection (3)(b), extend the period for which the authority applies for a further specified period.
(9)
Subsections (5) to (7) apply to an extension of an authority under subsection (8) as if every reference to an authority were a reference to an extension of the authority.
Legislative history
28 August 2025 |
Introduction (Bill 200–1) |
|
16 September 2025 |
First reading and referral to Foreign Affairs, Defence and Trade Committee |
|
7 November 2025 |
Reported from Foreign Affairs, Defence and Trade Committee |
|
18 November 2025 |
Second reading, committee of the whole House, third reading |
|
26 November 2025 |
Royal assent |
This Act is administered by the Ministry of Defence.