This Act may be cited as the Naval Defence Act, 1913.

In this Act, unless inconsistent with the context,—

The Governor may raise, maintain, and organize such permanent Naval Forces as he deems necessary.

The Governor may—

Except as herein mentioned, a person shall not be appointed to be an officer in the Naval Forces or promoted to any higher rank therein unless he has passed the prescribed examination for the rank to which he is appointed or promoted:

Provided that the Governor may appoint any person to be an officer, or promote any officer to a higher rank, for distinguished service, or for marked ability or gallantry on active service, without that person having passed the prescribed examination for the rank to which he is appointed or promoted.

A person who has not passed the prescribed examination for any particular rank may be appointed provisionally to be an officer of that rank.

A person provisionally appointed to be an officer of any particular rank shall cease to hold office as an officer of that rank if he fails to pass the prescribed examination for the rank to which he has been provisionally appointed within the prescribed time, not exceeding eighteen months after his appointment.

The requirements of this section may be dispensed with by the Governor in the case of persons who are officers of the King’s regular Naval Force.

Every officer shall hold his appointment during the pleasure of the Governor, but the commission of an officer shall not be cancelled except for cause and after he has had notice, in manner prescribed, of the cause, and has been called upon to answer in his defence.

Except in time of war, an officer may at any time by writing under his hand resign his commission.

Such resignation shall not take effect for any purpose until notification of acceptance thereof by the Governor is gazetted.

Warrant officers, non-commissioned officers, and petty officers shall be appointed, and shall hold their offices as prescribed.

The seniority of officers in their respective ranks shall be as prescribed.

The ages for the compulsory retirement of officers and members of the Naval Forces shall be as prescribed, but in special cases the Governor may extend the period of service beyond the prescribed age of retirement for a period not exceeding two years.

The Naval Forces shall be raised and kept by voluntary enlistment only.

Enlistment in the Naval Forces shall be for such period as is prescribed, but no prescribed period shall be less than two years.

Any person under the age of twenty-one years may, with the consent in writing of his parent or guardian, enlist for service in the Naval Forces for such period as is prescribed, but that period shall not exceed the time required for him to attain the age of thirty years.

The enlistment of any person in pursuance of the last preceding subsection shall be binding on him both during his minority and after he attains his majority.

Every person enlisting in the Naval Forces shall take and subscribe the oath of allegiance in the form in the Schedule hereto.

The oath of allegiance shall be taken before a Justice of the Peace, or other prescribed person.

The oath of allegiance shall bind the person subscribing it to serve in the Naval Forces in accordance with the tenor of the oath until he is discharged, dismissed, or removed therefrom, or until his resignation is accepted.

Persons in any other part of the British Dominions may, subject to the law in force in that part, voluntarily enlist as members of the New Zealand Naval Forces, and this Act shall apply to persons who so enlist to the same extent as if they had enlisted in New Zealand.

A member of the Naval Forces shall be entitled to be discharged therefrom at the expiration of the period of service for which he enlisted, unless such expiration occurs in time of war, in which case he shall not be entitled to his discharge until the war has terminated.

On the discharge of any member of the Naval Forces as aforesaid he shall be drafted into the New Zealand Royal Naval Reserve hereinafter established, and shall thereafter be liable for such period as may be prescribed for service only in time of war.

The Governor may at any time, by Proclamation,—

Members of the Naval Forces may be required to serve for training or on any naval service either within or beyond the limits of New Zealand.

The Naval Forces shall be subject to such drill, training, and inspection as are prescribed.

The Governor may, for the purpose of naval service or training, place any part of the New Zealand Naval Forces on board any ship of the King’s Navy, or of the navy of any part of the British Dominions, or in any naval training establishment or school in connection with any such navy.

The members of the New Zealand Naval Forces while so placed shall—

Be subject to the laws and regulations to which the members of the King’s Naval Forces on the ship or attending the training establishment or school are for the time being subject.

The Naval Discipline Acts and the King’s Regulations and Admiralty Instructions for the time being in force in relation to the King’s Naval Forces shall, subject to this Act and to any modifications and adaptations prescribed by the regulations, apply to the New Zealand Naval Forces.

Whenever war has been declared between Great Britain and any other country or countries, or whenever there is an outbreak of hostilities between Great Britain and any other country or countries, the ships, vessels, or boats acquired under this Act for naval defence or for services auxiliary thereto and the New Zealand Naval Forces shall pass and remain under the control and be at the disposition of the Government of Great Britain until peace has been proclaimed or until hostilities have terminated, and all officers and men of the New Zealand Naval Forces shall for the time being become part of the King’s Naval Forces, and shall be subject to the laws, rules, and regulations in force relating to officers and men of the King’s Navy.

Whenever war between Great Britain and any other country or countries is imminent, or when in the opinion of the Governor it, is expedient in the interests of Great Britain so to do, or upon the request of the Government of Great Britain, the Governor may by Proclamation declare that the ships, vessels, or boats acquired under this Act for naval defence or for services auxiliary thereto and the New Zealand Naval Forces shall pass and remain under the control and be at the disposition of the Government of Great Britain for such time as he fixes by such Proclamation, or for such extended time as he may fix by a subsequent Proclamation or Proclamations, and all officers and men of the New Zealand Naval Forces shall during the time or extended time so fixed become part of the King’s Naval Forces, and shall be subject to the laws, rules, and regulations in force relating to officers and men of the King’s Navy.

The Governor may—

Any transfer in pursuance of this section may be for such period and subject to such conditions as may be arranged between the Government of New Zealand and the Government of Great Britain or of any other part of the British Dominions aforesaid.

Subject to the conditions of transfer as aforesaid, all officers and seamen of the King’s Naval Forces or of the Naval Forces of any other part of the British Dominions transferred in pursuance of this section to the New Zealand Naval Forces shall, while so transferred, be deemed to be members of the New Zealand Naval Forces, and shall be subject to this Act and the regulations so far as they are applicable.

Subject to the conditions of transfer, all officers and seamen of the New Zealand Naval Forces transferred in pursuance of this section to the King’s Naval Forces or to the Naval Forces of any other part of the British Dominions shall, while so transferred, be subject to the laws and regulations governing the King’s Naval Forces or the Naval Forces of the part of the British Dominions to which they are transferred so far as those laws and regulations are applicable.

In addition to the permanent Naval Forces raised under this Act there is hereby established a New Zealand Royal Naval Reserve, consisting of men drafted thereto under this Act and of men who have served in the King’s Navy.

The persons who are members of the New Zealand Royal Naval Reserve as existing on the commencement of this Act shall form part of the Naval Reserve established under this section, and shall serve therein for such period as they would have served in the first-mentioned Naval Reserve if this Act had not passed.

The members of the New Zealand Royal Naval Reserve shall not be liable in time of peace to continuous naval service; but, except as aforesaid, shall be deemed to form part of the Naval Forces.

When any member of the Naval Forces—

Funds may be established in such manner and subject to such provisions as are prescribed for providing for the payment of annuities or gratuities to members of the Naval Forces permanently injured in the performance of their duties, and for the payment of annuities or gratuities to members of the Naval Forces who are retired on account of age or infirmity.

Officers of the King’s Naval Forces, officers of the New Zealand Naval Forces, and officers of the Naval Forces of any other part of the British Dominions shall be eligible for appointment as officers to constitute Naval Courts-martial.

The Governor may from time to time, by Order in Council gazetted, make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for the training of the Naval Forces, for securing the discipline and good government of the Naval Forces, or for carrying out or giving effect to this Act, and, in particular, prescribing matters for or in relation to—

The regulations may provide penalties for breaches thereof, not exceeding imprisonment with hard labour for three months in the case of imprisonment, or a fine of twenty pounds in the case of pecuniary penalties.

All such regulations shall be laid before Parliament within fourteen days after publication in the Gazette if Parliament is in session, and if not, then within fourteen days after the commencement of the next ensuing session.

The Naval Defence Act, 1908, and the Naval Subsidy Act, 1908, are hereby repealed.