THE DEFENCE ACT

New Zealand Tablet, 3 July 1913, Page 49

THE DEFENCE ACT

THE OBLIGATIONS UPON CITIZEN SOLDIERS 1 The Acting Minister of Defence has forwarded to us a statement, in the form of question and answer, as to the obligation imposed upon citizen soldiers by the terms of the Defence Act. In order to assist in removing misapprehensions that have been created on the subject, we have pleasure in acceding to the Minister's request to publish the information: - ' Question: Does provision exist for the Territorial Force to be carried or ordered to go out of New Zealand, under the Defence Act and its amendments? Answer: No. See section 22, Defence Act, 1909, quoted hereunder :—' Any part of the Territorial Force shall be liable to serve in any part of New Zealand, but no part of the Territorial Force shall be carried or ordered to go out of New Zealand.' , Question: Can the New Zealand Territorial Force or part thereof be compelled to go to the assistance of Great Britain or any of the oversea dominions or possessions in the event of an outbreak of war under the Defence Act Answer: No. Such service must be purely voluntary, as in the case of New Zealand contingents sent to Africa. Question: Does provision exist in the Defence Act for calling out the Territorial Force for service in New Zealand in time of war? Answer: Yes. The Governor has power under sections 27 (1), 28 (1), quoted hereunder, of the Defence Act,. 1909, and under the Defence Amendment Act, 1912, sections 16 and 71, quoted hereunder, to call out for military training and service all eligible males between the ages of 17 and 55, who have resided in New Zealand for a period of six months. Defence Act, 1909, section 27 (1): ' All the male inhabitants of New Zealand between the ages of 17 and 55, not hereinafter exempted, who have resided in New Zealand for a period of six months are liable to be trained and serve in the militia.' Section 28 (1) : 'ln time of war it shall be lawful for the Governor (the occasion being first communicated to Parliament if Parliament is then sitting, or notified by proclamation if Parliament is not then sitting), by proclamation, to call upon persons liable to serve in the militia to enrol in the militia, and thereupon such persons shall within the time and in the manner prescribed enrol in the militia for the prescribed period.' Defence Amendment Act, 1912, section 16 : ' When the Territorial Force, or any part thereof, has been called out for active service in New Zealand in accordance with the provisions of this Act in that behalf, every member of the said force, or of that part thereof, shall at all times while he remains under the obligation of active service be subject to military law as established by the Army Act, save so far as that Act is inconsistent with the principal Act, or any amendment thereof, or with any regulation made thereunder/ Section 71 (1): "The Governor may by proclamation call out the Territorial Force, or any part thereof, for active service. (2) The Territorial Force, or any part thereof, shall be liable to be employed on active service in New Zealand from the time of the publication of the proclamation so calling out that force, or that part thereof, until the publication of a proclamation notifying that the active service of that force, or of that part thereof, is no longer required.' Question : Does provision exist in the Defence Act for calling out Territorials to assist the civil police in quelling riots and otherwise upholding law and order?' Answer: No such provision exists.