Hunn Review: Annexes (30 September 2002)
Appendix B to Annex F
Legal Analysis of New Zealand Defence Legislation
Key Roles and Organisations of 1964 - 1990 Defence Legislation
Purpose of Act
Long Title
Defence Act 1964
An Act to establish the Ministry of Defence and to provide a unified defence policy for the better defence of New Zealand.
Defence Act 1971
An Act to consolidate and amend the Defence Act 1964 and those parts of the Navy Act 1954, the New Zealand Army Act 1950, and the Royal New Zealand Air Force Act 1950, relating the constitution, command and administration of the New Zealand Naval forces, the New Zealand Army and the Royal New Zealand Air Force.
Defence Act 1990
An Act:
- To continue to authorise the raising and maintaining of armed forces for certain purposes; and
- To constitute the New Zealand Defence force, comprising (i) the Armed Forces under the command of the chief of Defence force; and (ii) the Civil Staff under the control of the Chief of Defence Force, and
- To reaffirm that the Armed Forces are under Ministerial authority; and
- To define the respective roles and relationships of the Minister of Defence, the Secretary of Defence and the Chief of Defence Force; and
- To redefine the relationship of the Chief of Defence Force to the Chiefs of Staff; and
- To make provision generally in respect of the establishment, control and activities of the New Zealand Defence Force and related matters.
Roles of Governor-General and Governor-General in Council
Functions, Powers and Responsibilities
Defence Act 1964
Non- derogation from existing powers, duties and obligations as Commander-in-Chief of New Zealand or under any Service Act (s 6).
Power to make regulations by Order in Council where necessary to give full effect to the provisions of and administration of the Defence Act (s 25(b))
Defence Act 1971
Power to raise and maintain armed forces to defend or protect the interests of New Zealand, to provide assistance to the civil power in New Zealand or elsewhere in an emergency, to provide any public services required by the Government, and to comply with New Zealand's international treaty obligations (s 4(1)).
Powers, duties and obligations relating to the Armed Forces that pertain to the Governor-General's role as Commander-in-Chief of New Zealand (s 4(30, (4)).
Power to make regulations by Order in Council for the purposes set out in section 88(1) and 47.
Defence Act 1990
Power to raise and maintain armed forces to defend or protect the interests of New Zealand, to provide assistance to the civil power in New ZEaland or elsewhere in time of emergency, to provide any public service, and to comply with New Zealand's international treaty obligations (s 5).
Powers, duties and obligations that pertain to the Governor-General's role as Commander-in-Chief of New Zealand (s 6).
Power to determine by Order in Council the equivalent ranks of members of each Service of the Armed Forces (s 17).
Powers to make regulations by Order in Council for the purposes set out in sections 101(1) and 46.
Roles of Minister of Defence
Functions, Powers and Responsibilities
Defence Act 1964
Administers the Defence Act (s 3)(1)
Chairman of the Defence Council (s 11(1))
Power to invalidate a decision by the Defence Council that the Minister was not a party to or did not assent to in writing, if the Minister determines that this decision is an important matter of principle or policy or administration (s 12).
Non-derogation from the functions, powers and responsibilities of the Minister in relation to the Defence Act (s 3(2)).
Defence Act 1971
Controls the Ministry of Defence (s 17)
Chairman of the Defence Council (s 22(1))
Power to invalidate a decision by the Defence Council that the Minister was not a party to or did not assent to in writing if the Minister determines that this decision is an important matter of principle or policy or administration (s 23).
Defence Act 1990
Ministerial authority over the Armed Forces (Long Title).
Power to control the NZDF through the Chief of Defence Force for the purposes of the general responsibility of the Minister in relation to the defence of New Zealand (s 7)
Power to determine whether the Armed Forces shall be used in connection with an industrial dispute (s 9(2))
Power to authorise the Armed Forces to assist the Policy in an emergency if the Prime Minister is unavailable and the Minister of Defence is the next most senior Minister. This power exists only where the circumstances set out in section 9(4) are satisfied and Parliament is informed as soon as possible in compliance with section 9(7)
Power to requisition in the circumstances set out in section 10
Power to authorise the maximum number of officers, ratings, soldiers and airmen in the regular and territorial forces (ss 13(2), 15(2))
Ability to require the Secretary of Defence and the Chief of Defence Force to consult formally with each other on advice from either to the Minister (s 31 (2))
Sets the terms of reference for the Chief of Defence Force, including the terms and conditions of appointment as Chief of Defence, the duties and obligations of appointment and the manner in which the government expects those duties to be carried out (s 25(2))
Ability to, at the request of the Chief of Defence Force, relieve the Chief of Defence Force of responsibility for certain functions if the Minister is satisfied that due to the circumstances (war or other like emergency) this is necessary to enable the Chief of Defence Force to perform his or her principal functions. (s 26(1)) The Minister then has the power to impose this responsibility on another member of the Defence Force. (s 26(2))
Reporting
Defence Act 1964
The Minister must prepare an annual report of the operations of the Ministry for each year. A copy of this is laid before Parliament by the Minister (s 24)
Defence Act 1971
The Minister must prepare an annual report of the operations of the Ministry for each year (s 77(1))
A copy of this must be laid before Parliament by the Minister (s 77(2))
Defence Act 1990
Not specified, but see Public Finance Act 1989, (s 39(2), 34A(6)).
Delegation
Defence Act 1964
The Minister can delegate (in writing) any of his or her powers under the defence Act to any member of the Defence Council, to the Defence Council itself, to any member of a Board or to the Board itself (s 14(1))
The Minister cannot delegate the power to delegate (s 14(1)
The Minister retains at all times the ability to exercise powers he or she has delegated (s 14(12))
Defence Act 1971
The Minister can delegate (in writing) any of his or her powers under the Defence Act to the Defence Councilor any person employed in the Minister... (s 29(1))
The Minister cannot delegate the power to delegate (s 29(1))
The Minister retains at all times the ability to exercise any powers he or she has delegated (s 29(10))
Defence Act 1990
The Minister can delegate, in writing, any of his or her functions, duties and powers to the Chief of the Defence Force (s 30(1))
The Chief of Defence Force can sub- delegate these functions unless the Minister prohibits this (s 30(2))
The Minister retains at all times the ability to exercise these functions, duties and powers (s 30(8))
Appointment
Defence Act 1964
Governor-General
Defence Act 1971
Governor-General
Defence Act 1990
Governor-General
Secretary of Defence
Functions, Powers and Responsibilities
Defence Act 1964
Deemed Permanent Head of the Ministry of Defence for the purposes of the State Services Act 1962 and the Public Revenues Act 1953 (s 7(1))
Inspects the administration of the Services (s 7(2))
Principal civilian adviser to the Minister (s 7(3)(a))
Responsible for co-ordinating the business of the Ministry (s 7(3)(b))
Responsible for the assignment and discipline of persons appointed to the Ministry under the State Services Act (s 7(3)(c)
Responsible for the direction and control of all civilian or military personnel employed in relation to the Secretary's functions (s 7 (3)(d))
Responsible for the co-ordination of long term financial planning within the Ministry and for control of the defence programme expenditure in accordance with money appropriated by Parliament for this purpose (s 7(3)(e))
Deputy Chairman of the Defence Council with the Chief of Defence Staff(s 11(2))
Not responsible for the command and efficient and economical administration of the Services (s 7(2))
Defence Act 1971
Permanent Head of the Ministry of Defence for the purposes of the State Services Act 1962 and the Public Revenues Act 1953 (s 25(1))
Principal civilian adviser to the Minister (s 7(2)(a))
Responsible for the efficient administration, control and accounting for all expenditure and revenue in the Ministry (s 25(2)(b)
Responsible for the co-ordination of long term financial planning within the Ministry (s 25(2)(c)
Accounts for stores and other equipment for which the Ministry of Defence is responsible under the Public Finance Act 1977 (s 25(2)(d))
Responsible for the efficient financial administration and control of all accommodation, land and materials used by or within the Ministry of Defence (s 25(2)(e))
Responsible for the assignment and discipline of persons appointed to the Ministry under the State Sector Act (s 25(2)(f))
Responsible for the direction and control of all civilian or military personnel employed in relation to the Secretary's functions (s 25(2)(g)
Executive secretary of the Defence Council (s 25(2)(h)
May contract and trade in goods i and land (s 25(5))
Power to establish Committees for purposes contemplated by the Act as the Secret ma determine (s 32(1)
Must prescribe its constitution, procedures, powers and to whom it is to be responsible (s 32(2))
Deputy Chairman of the Defence Council with the Chief of Defence Staff (s 22(2)
All powers reasonably necessary to enable the effective performance of the Secretary's functions and duties (s 25(4))
Not responsible for the command of the Armed Forces although he may inspect the forces to exercise his functions (s 25(3)
Defence Act 1990
Chief Executive of the Ministry of Defence for the purposes of the State Sector Act 1988 (s 24(1))
Principal civilian adviser to the Minister of Defence and other Ministers (s 24(2)(a))
Formulates advice on defence policy in consultation with the Chief of Defence Force (s 24(2)(b)
Prepares in consultation with the Chief of Defence Force a defence assessment to submit to the Minister which includes a review of different options capable of achieving the government's defence policy goals (s 24(2)(c)
Procures, replaces and repairs equipment, ships, vehicles and aircraft where this has major significance to military capability (s 24(2)(d))
Conducts assessments and audits of the Defence Force in relation to any function, duty or project (s 24(2)(e))
Conducts assessments and audits of the procurement, replacement and repair functions of the Ministry of Defence, as and when required by the Minister and in accordance with a programme of audit and assessment approved by the Minister, and consistent with the requirements set out in section 24(2)(e)
All powers as are reasonably necessary to enable the performance of the Secretary's functions and duties (s 24(3))
Ability to contract and trade in goods and land (s 24(4))
Additional functions set out in the State Sector Act 1988 (s 24(2))
Reporting
Defence Act 1964
Reports to the Minister following his or her inspections of the administration of the Services (s 7(2)
Defence Act 1971
Not specified
Defence Act 1990
No requirements set out, but see the State Sector Act 1988, s 30.
Delegation
Defence Act 1964
The Secretary can delegate (in writing) any of his or her powers under the Defence Act to any member of the Personnel of the Ministry, whether civilian or military (s 14(4))
The Secretary cannot delegate the power to delegate (s 14(4))
The Secretary retains at all times the ability to exercise any powers he or she has delegated (s 14(12))
Defence Act 1971
The Secretary can delegate (in writing) any of his or her powers under the Defence Act to any person employed in the Ministry (s 29(5))
The Secretary cannot delegate the power to delegate (s 29(5))
The Secretary retains at all times the ability to exercise any powers he or she has delegated (s 29(10))
Defence Act 1990
Not specified
Appointment and Dismissal
Defence Act 1964
Appointed under the State Services Commission under the State Service Act 1962 (Defence Act 1971 s (7)(1)
Dismissal is not set out in the State Services Act or the Defence Act
Defence Act 1971
Appointed under the State Services Commission under section 26 of the State Services Act 1962
Dismissal is not set out in the State Services Act or the Defence Act
Defence Act 1990
Appointed by the State Services Commissioner (state Sector Act 1988, s 35)
The Commissioner may remove the Secretary, with the agreement of the Governor-General in Council, for just cause or excuse (State Sector Act 1988, s 39).
Chief of Defence Staff/Chief of Defence Force
Functions, Powers and Responsibilities
Defence Act 1964
Chief of Defence Staff is the principal military adviser to the Minister (s 8(2)(a))
Responsible for the direction and control of all military or civilian personnel employed in respect of his functions (s 8(2)(b)
Convenes and chairman of the Chiefs of Staff Committee (s 8(2)(c))
Conveys advice from the Chiefs of Staff Committee to the Minister (s 8(2)(c))
May carry out inspections of the Armed Forces (s 8(3))
Deputy Chairman of the Defence Council with the Secretary of Defence (s 11(2))
Defence Act 1971
Chief of Defence Staff has power under the Defence Council to command the Navy, Army and Air Force through the relevant Chiefs of Staff (s 24(3)(a))
Power under the Defence Council to establish a joint force and command this through the Chief of Staff or directly through a joint force commander (ss 5A(1), 24(3)(aa))
Principal military adviser to the Minister (s 24(3)(b))
Responsible for the direction and control of all military or civilian personnel employed in respect of his functions (s 24(3)(c)
May carry out inspections of the Armed Forces (s 24(4)(a))
Convenes and chairman of the Chiefs of Staff Committee (s 30(6))
Conveys advice from the Chiefs of Staff Committee to the Minister (s 30(6))
Deputy Chairman of the Defence Council with the Secretary of Defence (s 22(2))
Power to make such representations as he or she considers necessary to the Minister or, if he considers the circumstances to be exceptional, to any higher authority (s 24(4)(b))
Power to establish Committees for purposes contemplated by the Act as the Chief of Defence Staff may determine (s 32(1) Must prescribe its constitution, procedures, powers and to whom it is to be responsible (s 32(2))
Must be a good employer of civil staff (s 59, 61)
Defence Act 1990
Chief of Defence Force commands the Armed Forces through the respective Chiefs of Staff and the Joint Force Commander (s 8(3))
Power to requisition when authorised to do so by the Minister of Defence in accordance with the conditions set out in section 10(2)
May establish joint forces and appoint officers to command these forces, or put them under the command of any Chief of Staff (s 12(1))
Principal military adviser to Minister of Defence and other Ministers (s 25(1)(a))
Responsible to the Minister for carrying out the functions of the Defence Force, the general conduct of the Defence Force, and the efficient, effective and economical management of the activities and resources of the Defence Force (s 25(1)(b)
Responsible to other Ministers for carrying out functions and duties of the Defence Act that relate to that Minister's portfolio, and for tendering advice to that Minister on any matter relating to that Minister's portfolio (s 25(1)(c))
Duty to act in accordance with the terms of reference for the appointment as Chief of Defence Force set out by the Minister of Defence (s 25(2))
Power to make such direct representations to the Minister as the Chief of Defence Force considers necessary, in the exercise of his or her functions or command (s 25(3))
Power in exceptional circumstances to make such representations as the Chief of Defence Force considers necessary to the Prime Minister (s 25(3))
Power to issue and promulgate Defence Force Orders, not inconsistent with the Act, and to authorise others to issue and promulgate Defence Force Orders (s 27(1), (2))
Responsible for issuing each Chief of Staff with written terms of reference setting out the terms and conditions of their appointment (s 28(5))
Prescribes the conditions of service of members of the Armed Forces in compliance with section 45(2)
Obliged to act as a good employer of civil staff and provide equal employment opportunities (ss 59,61)
Power to establish a code of conduct for civil staff (s 60).
All powers as are reasonably necessary to enable the performance of the Chief of Defence Force's functions and duties (s 24(3))
Ability to request the Minister of Defence to relieve the Chief of Defence Force of responsibility for some Chief of Defence Force functions in the circumstances set out in section 26(1) (time of emergency and war)
Determines the functions, duties and powers of the Chiefs of Staff Committee (s 29(2))
The Secretary of Defence must consult with the Chief of Defence Force before the Secretary presents the defence assessment to the Minister of Defence (s 24(2)(c)
Reporting
Defence Act 1964
Reports to the Minister following inspections of the Services (s 8(3))
Defence Act 1971
Not specified
Defence Act 1990
Obligated to present an annual report to the Minister on the activities of the Defence Force for that year, and on any matters affecting the Defence Force that the Chief of Defence Force thinks fit to include (s 91)
Delegation
Defence Act 1964
The Chief of the Defence Staff can delegate (in writing) any of his or her powers under the Defence Act to any member of the Services (s 14(3))
The Chief of the Defence Staff cannot delegate the power to delegate (s 14(3))
The Chief of the Defence Staff retains at all times the ability to exercise any powers he or she has delegated (s 14(12))
Defence Act 1971
The Chief of the Defence Staff can delegate (in writing) any of his or her powers under the Defence Act to any officer of the Armed Forces
The Chief of the Defence Staff cannot delegate the power to delegate (s 29(4))
The Chief of the Defence Staff retains at all times the ability to exercise any powers he or she has delegated (s 29(10))
Defence Act 1990
Ability to delegate, in writing, the Chief of Defence Force's functions, duties and powers to any member of the Defence Force (s 30(2))
The Chief of Defence Force can also sub- delegate to any member of the Defence Force any function delegated to him or her by the Minister, unless the Minister prohibits this (s 30(2))
The Chief of Defence Force retains at all times the ability to exercise any functions, duties and powers he or she delegates (s 30 (8))
Appointment and Dismissal
Defence Act 1964
Governor-General in Council appoints from the officers of the Defence Forces (s 8(1))
Dismissal is not set out in the Act.
Defence Act 1971
Governor-General in Council appoints from the officers of the Armed Forces (s 24(1))
Dismissal is not set out in the Act.
Defence Act 1990
Governor General in Council appoints from officers of the Armed Forces (s 8(1))
Dismissal is not set out in the Act.
Other Key Officials
Functions, Powers and Responsibilities
Defence Act 1964
The Deputy and Assistant Secretaries of Defence hold any powers, duties and functions as are delegated or assigned to them by the Secretary of Defence (s 23(1))
If that person is a member of the Board they may be assigned additional powers, duties and functions (s 23(2))
Defence Act 1971
The Deputy Chief of Defence Staff and the Deputy Secretary of Defence each have any functions, duties and powers assigned to them by the Chief of Defence Staff, the Secretary of Defence, or both jointly (s 34(1)(2))
Defence Act 1990
Not specified
Appointment and Dismissal
Defence Act 1964
The Deputy and Assistant Secretaries of Defence are appointed under the State Service Act 1962 (s 23(1))
Dismissal is not set out in the State Services Act or the Defence Act
Defence Act 1971
The Deputy Chief of Defence Staff is appointed by the Chief of Defence Staff with the concurrence of the Minister from the officers of the Armed Forces (s 34(1))
The Deputy Secretary of Defence is appointed under the State Services Act 1962 (s 34(2))
Dismissal is not set out in the State Services Act or the Defence Act
Defence Act 1990
Not specified
Chiefs of Staff
Functions, Powers and Responsibilities
Defence Act 1964
Not specified
Defence Act 1971
Advise the Chief of Defence Staff and (through him or her) the Minister on any matters relating to their respective Services (s 27(1)(b), (2)(b), (3)(b)
Ability to make such representations as he or she considers necessary to the Minister, (or if the circumstances are exceptional, to any higher authority) after notifying the Chief of Defence Staff (s 27(4))
Command their respective Services under the Chief of Defence Staff (s 27(1)(a) (2)(a) (3)(a))
Each Chief has the duty to perform the functions and to exercise the powers of his appointment in accordance with the terms of reference issues by the Minister (s 28(5))
Responsible to the Chief of Defence Staff for the implementation of policies, plans and programmes prescribed in relation to their respective Services (s 27(1)(c), (2)(c), (3) (c)
Command any joint forces placed under their command by the Chief of Defence Force through the joint force commander ( s 27(3A)
Defence Act 1990
Advise the Chief of Defence Force and (through him or her) the Minister on any matters relating to their respective Services (s 28(1)(b), (2)(b), (3)(b)
Ability, in the exercise of command or functions, to make such representations as he or she considers necessary or desirable to the Minister, after notifying the Chief of Defence Force (s 28(6))
Command their respective Services under the Chief of Defence Force (s28(1)(a) (2)(a), (3)(a)
Each Chief has the duty to perform the functions and to exercise the powers of their appointment in accordance the terms of reference issued by the Chief of Defence Force (s 28(5))
Responsible to the Chief of Defence Force for the implementation of policies, plans and programmes prescribed or approved in accordance with the Act in relation to their Service. (s 28(1)(c), (2)(c), (3)(c)
Reporting
Defence Act 1964
Not specified
Defence Act 1971
Not specified
Defence Act 1990
Not specified
Delegation
Defence Act 1964
Not specified
Defence Act 1971
Ability to delegate (in writing) any of his or her powers under the Defence Act to any Serviceman (s 29(6))
Cannot delegate the power to delegate (s 29(6))
The Chief of Staff retains at all times the ability to exercise any powers he or she has delegated (s 29(10))
Defence Act 1990
Ability to delegate, in writing, the functions, duties and powers of a Chief of Staff to any member of the Defence Force (s 30(3))
The Chief of Staff can also sub-delegate to any member of the Defence Force any function delegated to him or her by the Chief of Defence, unless the Chief of Defence Force prohibits this (s 30(3))
The Chief of Staff retains at all times the ability to exercise any powers he or she has delegated (s 30(8)
Appointment and Dismissal
Defence Act 1964
Not specified
Defence Act 1971
Governor-General in Council appoints from the officers in the relevant Service (s 27(1), (2), (3))
The Governor-General has the power to compulsorily retire, discharge, cancel or vary an officer's commission or appointment (s 35(1))
Defence Act 1990
Appointed by Governor-General in Council from the officers of that Service (s 28)
The Governor-General has the power to release, discharge, cancel or vary an officer's commission or appointment and may delegate this to the Chief of Defence Force (s 32(1), (1A)
Officers
Appointment and Dismissal
Defence Act 1964
Not specified
Defence Act 1971
The Governor-General has the power to appoint, promote and discharge officers (s 35(1))
Defence Act 1990
The Governor-General has the power to appoint, promote and discharge officers and may delegate this power to the Chief of the Defence Force (s 32(1), (lA))
Civil Staff
Appointment and Dismissal
Defence Act 1964
Not specified
Defence Act 1971
Not specified
Defence Act 1990
The Chief of Defence Force appoints civil staff on merit (s 61A, 62)
Dismissal is not specified in the Act
Ministry of Defence
Membership
Defence Act 1964
New Zealand Naval Forces
New Zealand Army
Royal New Zealand Air Force
Any persons appointed to the Ministry under the State Services Act 1962 or the Air Force Regulations 1952 (s 4)
Defence Act 1971
New Zealand Naval Forces
New Zealand Army
Royal New Zealand Air Force
Any persons appointed to the Ministry under the State Services Act 1962 (s 17)
Defence Act 1990
Not specified
Functions, Powers and Responsibilities
Defence Act 1964
The Ministry shall have and undertake such functions as necessary for the due performance and exercise of the duties and responsibilities for the defence New Zealand...." (s 5)
Defence Act 1971
Not specified
Defence Act 1990
Not specified
New Zealand Defence Force
Membership
Defence Act 1964
Not in existence
Defence Act 1971
Not in existence
Defence Act 1990
Chief of Defence Force
Chiefs of Staff (Chief of Naval Staff, Chief of General Staff, Chief of Air Staff)
Armed Forces of New Zealand
Civil Staff appointed under s 6A (s 11)
Functions Powers and Responsibilities
Defence Act 1964
Not in existence
Defence Act 1971
Not in existence
Defence Act 1990
Not specified
Defence Council
Membership
Defence Act 1964
Minister of Defence (Chair)
Chief of Defence Staff (Deputy Chair)
Secretary of Defence (Deputy Chair)
Chief of the Naval Staff
Chief of the General Staff
Chief of the Air Staff (s 9(2))
Any officer of a department of State co-opted in exercise of the function of advising the Minister on important matters of defence policy (s 9(3))
Defence Act 1971
Minister of Defence (Chair)
Chief of Defence Staff (Deputy Chair)
Secretary of Defence (Deputy Chair)
Chief of the Naval Staff
Chief of the General Staff
Chief of the Air Staff (s 18))
The Secretary of Foreign Affairs (associate member) (s 20(10))
Any officer of a department of State appointed by the Council to be an associate member (s 20(2))
Defence Act 1990
Abolished
Functions, Powers and Responsibilities
Defence Act 1964
Any functions previously undertaken by any of the Service Boards under existing legislation (s 10)
Responsible for the administration and command (through the Boards or officers) of the Defence Forces (s 10(2)(a))
Advises the Minister on important matters of defence policy (s 10(2)(a))
Constant examination and implementation of further integration possibilities for the Services (s 10(2)(c))
Power to issue Orders to the relevant arms for the Defence Forces in the exercise of Defence Council powers, duties and functions (s 13)
Ability to establish and abolish committees, prescribing their functions and responsibilities (s 21(1))
All other powers reasonably necessary for the effective performance of Defence Council functions and duties, subject to conflicting legislation (s 10(2)(a))
The Minister has the power to invalidate a decision by the Defence Council that the Minister was not a party to or did not assent to in writing if the Minister determines that this decision is an important matter of principle or policy or administration (s 12)
Defence Act 1971
Responsible for the command (through appointed officers) and administration of the Armed Forces (s 21(1)(a)(b))
Assists the Minister in formulating and recommending defence policy (s 21(1)(c)
All other powers reasonably necessary for the effective performance of Defence Council functions and duties (s 21(2))
The Minister has the power to invalidate a decision by the Defence Council that the Minister was not a party to or did not assent to in writing if the Minister determines that this decision is an important matter of principle or policy or administration (s 23).
Ability to establish and abolish committees, prescribing their functions and responsibilities (s 31(1))
Defence Act 1990
Abolished
Delegation
Defence Act 1964
The Defence Council can delegate (in writing) any of its powers under the Defence Act to any member of the Council, to any , Board or member of a Board, or to I any committee (s 14(2))
The Council cannot delegate the power to delegate unless the delegation is to a Board (s 14(2))
The Council retains at all times the ability to exercise any powers it has delegated (s 14(12)
The Naval Board, Army Board and Air Board may discharge the functions of the Defence Council, subject to any direction by the Council (s 18)
Power to establish, reconstitute or abolish committees and prescribe their functions and responsibilities (s 21(1))
Defence Act 1971
The Defence Council can delegate (in writing) any of its powers under the Defence Act to the Chief of Defence Staff and/ or the Secretary of Defence, or any committee the Council establishes (s 29(2)(3))
The Council cannot delegate the power to delegate (s 29(2)(3)
The Council retains at all times the ability to exercise any powers it has delegated (s 29(10))
Defence Act 1990
Abolished
Chief of Defence Staff/Force and Secretary of Defence jointly
Functions and Consultation Obligations
Defence Act 1964
Refer to Defence Council
Defence Act 1971
The Chief of Defence Staff and the Secretary of Defence have joint functions to:
Supervise the execution of decisions of the Defence Council and ensure the co-ordination of the activities of the Ministry of Defence (s 26(a))
Co-ordinate the preparation of policies, plans and programmes on behalf of the Defence Council (s 26(b))
Continuously review the policies, functions, organisations and procedures of the Ministry of Defence (s 26(c))
Ensure the organisation and functions of the Ministry of Defence are clearly defined and adequately controlled and supervised (s 26(d)(e))
Power to establish Committees for purposes contemplated by the Act as they may determine (s 32(1) Must prescribe its constitution, procedure, powers and to whom it is to be responsible (s 32(2))
Defence Act 1990
The Chief of Defence Force and the Secretary of Defence must consult with each other on any advice on any major matters of defence policy that is to be given by either official to the Minister of Defence or any other Minister (s 31(1))
The Minister may of his or her own motion, or following a recommendation by either the Secretary of Defence or the Chief of Defence Force, require the Secret of Defence and the Chief of Defence Force to consult formally (s 31(2)(3)
The obligation to consult does not affect the duties, obligations or responsibilities of either of these officials (s 31(4))
Chiefs of Staff Committee
Membership
Defence Act 1964
Chief of Defence Staff (convenes and chair) (s 8(2)(c))
Other members not specified
Defence Act 1971
Chief of Defence Staff (convenes and chair)
Chiefs of Staff (Chief of Naval Staff, Chief of General Staff, Chief of Air Staff) (s 30(1))
Defence Act 1990
Chief of Defence Force (convenes (s 29(3))
Chiefs of Staff (Chief of Naval Staff, Chief of General Staff, Chief of Air Staff (s 29(1))
Any associate member (officer or Crown employee) appointed by the Committee (s 29(4)) Appointment may be revoked by a resolution of the Permanent members)
Functions, Powers and Responsibilities
Defence Act 1964
Not specified
Defence Act 1971
Any functions, duties and powers determined by the Defence Council (s 30(2))
The Chief of Defence Staff conveys the agreed collective advice of the committee to the Minister (s 30(6))
A Chief of Staff may request where there are differing opinions expressed in a Committee meeting that the Chief of Defence Staff convey the opinions to the Minister. The Chief of Defence Staff must follow this request as well as providing any advice the Chief of Defence Staff considers appropriate (s 30(6))
Defence Act 1990
Any functions, duties and powers, not inconsistent with the Act, determined by the Chief of Defence Force (s 29(2))
A Chief of Staff may request where there are differing opinions expressed in a Committee meeting that the Chief of Defence Staff convey the opinion to the Minister. The Chief of Defence Staff must follow this request, with any advice the Chief of Defence Force considers appropriate (s 29(6))
Power to regulate its own procedure as it thinks fit, subject to the provision of this Act (s 29(7))
Naval, Army and Air Boards
Membership of each
Defence Act 1964
Minister of Defence (Chairman)
The Chief of Staff for that particular Service
A Deputy or Assistant Secretary of Defence
Between two and four officers from that particular Service (naval and Air Boards only) (s 15, 17)
The Vice Chief of the General Staff, the Adjutant General, the Quartermaster-General, one Territorial Force officer appointed by the Governor-General (Army Board only) (s 16)
Defence Act 1971
Abolished
Defence Act 1990
Abolished
Functions, Powers and Responsibilities
Defence Act 1964
Exercise the functions of the Defence Council subject to the direction of the Council (s 18)
The Air Board has additional functions in relation to civil aviation (s 19)
The Boards may sub-delegate powers delegated to them by the Defence Council if the Council approves (s 14(6))
Promulgate orders issued by the Defence Council (s 13(2))
Power to regulate Board procedure as Board sees fit, subject to this Act and directions of the Defence Council (s 20(3))
Defence Act 1971
Abolished
Defence Act 1990
Abolished
