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DEFENCE FORCE ORDER 3
PART 9: Obligations
Chapter 1: Political Activity
Overview
Introduction
Members of the New Zealand Defence Force (NZDF) retain the rights of
9.1.1.
membership of New Zealand society. These rights provide the right to:
(1) vote
(2) join political parties
(3) hold political views, and
(4) to seek election to Parliament or to a local body.
The duty of service or employment relationship does not remove these
rights.
However, there is a requirement for members of the NZDF to maintain, and
importantly, to be seen to maintain political neutrality while fulfil ing the
requirements of their role within the NZDF. For members of the Armed
Forces, duty of service places obligations on the individual that may be at
odds with their personal beliefs and which wil limit their ability to exercise
their rights as citizens.
This chapter provides guidance to Commanders and members of the NZDF
with regards to the conduct of political activity.
Contents
This chapter contains the fol owing sections:
9.1.2.
Section
Page
Section A: Background of the Order
2
Section B: The Policy
6
Section C: General Provisions
8
Section D: Members of the NZDF Standing as
11
Candidates for Elections
Section E: Visits to Military Establishments by Ministers 15
of Parliament or Of icial Parliamentary
Candidates
Section F: Citizen Initiated Referenda
17
Chapter 1: Political Activity
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PART 9: Obligations
Section A: Background of the Order
Overview
Introduction
The NZDF must remain political y neutral in order to serve New Zealand’s
9.1.3.
national interests. Members of the Armed Forces ‘serve’ and are not
employees. Members of the Civil Staf are employees whose actions are
governed by:
(1) the Code of Conduct
(2) their employment agreement, and
(3) NZDF policies.
The NZDF is tasked to provide services by the New Zealand Government
and is an ‘executive’ component of Government. As such it must obey the
dictates of Government without political bias. However, members of the
NZDF, as citizens or permanent residents of New Zealand, have rights that
military service, employment by the NZDF and the requirements of
Government does not remove.
Contents
This section contains the fol owing topics:
9.1.4.
Topic
Page
Scope of the Order
3
Intent of the Order
4
Chapter 1: Political Activity
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Scope of the Order
Delegation
Commanders and managers are delegated the authority to implement this
9.1.5.
Order.
Application
This Order applies to al members of the NZDF.
9.1.6.
Cancellation
This Order replaces DFO 4
Defence Force Orders for Personnel
9.1.7.
Administration Chapter 26,
Political Activities, which is cancel ed with ef ect
approval of this Order.
Effective Date
This Order is ef ective from 15 February 2010.
9.1.8.
Point of contact The Director of Human Resources Policy and Research, DHR is the point of
9.1.9.
contact for this Order.
References
The fol owing references apply to this Order:
9.1.10.
(1) State Services Commission Guidelines on the Standards of Integrity
and Conduct in the State Sector.
(2) Electoral Act 1993.
(3) Citizen Initiated Referenda Act 1993.
(4) Of icial Information Act 1982.
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PART 9: Obligations
Intent of the Order
Intent of the
The intent of this Order is to ensure the political neutrality of the NZDF and
Order
members of the NZDF, in order for the NZDF to fulfil its obligations to the
9.1.11.
New Zealand Government and the New Zealand people.
The impacts sought by this Order are:
(1) maintaining the faith and trust of the New Zealand Government in the
NZDF’s ability to remain politically neutral, and
(2) maintaining the NZDF’s relationship with Government.
Principles to
The fol owing NZDF HR principles are to apply in the application of the
apply
Order.
9.1.12.
Value
Application
Commitment
Commanders, managers and members of the NZDF
commit to the rights of the individual member to
stand for election and for the need of the NZDF to
remain political y neutral.
Integrity
Members of the NZDF are open, honest and
trustworthy in al that they do and that they conduct
themselves with:
sincerity
reliability
loyalty
impartiality
unselfishness, and
consistency of approach.
Timeliness
Individuals considering entering politics, or becoming
political y active, need to advise their intention at the
earliest opportunity so that they can be advised of
their obligations and responsibilities.
Continued on next page
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PART 9: Obligations
Intent of the Order, Continued
Command
Employment or service with the NZDF does not remove the right to exercise
Guidance
the rights and entitlements that membership of New Zealand society
9.1.13.
bestows. Exercising these rights is encouraged and supported, but needs to
be tempered against:
(1) the employment or service relationship with the NZDF
(2) the role the individual member fulfils
(3) the requirement to use the chain of command, and
(4) the function and place that the NZDF holds within New Zealand
society.
NZDF support
Where a member of the NZDF indicates a desire, or intent, to participate in
of participation
political activity either as an active supporter or to stand for election,
in political
commanders and managers should counsel the individual as to their
activity
obligations, impacts of actions and should cover potential issues and risks
9.1.14.
that may arise, so that the individual and the NZDF are protected.
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PART 9: Obligations
Section B: The Policy
Overview
Introduction
This section outlines the policy components of the Political Activity policy.
9.1.15.
Contents
This section contains the fol owing topic:
9.1.16.
Topic
Page
NZDF Policy on Political Activity
7
Chapter 1: Political Activity
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NZDF Policy on Political Activity
Policy
Members of the NZDF are to ensure that when exercising their right to
9.1.17.
participate in political activities, they conduct themselves in a manner is seen
to remain political y neutral.
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PART 9: Obligations
Section C: General Provisions
Overview
Introduction
This section provides the general provisions covering political activity within
9.1.18.
the NZDF.
Contents
This section contains the fol owing topics:
9.1.19.
Topic
Page
Political Neutrality
9
Provision of Support to Candidates
10
Chapter 1: Political Activity
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Political Neutrality
Political
Members of the NZDF must ensure that they, and the NZDF, not only
neutrality
maintain the confidence of the Minister of Defence, but that the same
9.1.20.
relationship can be maintained with future Ministers. To do this, members of
the NZDF must be political y neutral and must perform their roles
professional y and without bias towards one political party or another.
Exercising
Members of the NZDF must exercise judgement as to whether, when or how
judgement
to express their political and personal views. For example they are not to:
9.1.21.
(1) express their personal views in a manner that could be taken as a
comment in their of icial capacity;
(2) indulge in personal attacks on Members of Parliament;
(3) criticise government policy with which they have been professional y
involved, or which they are required to implement
(4) reveal advice or information given to Ministers, except advice that may
be ‘officially released’ e.g. through the Of icial Information Act, or as a
public statement made by a Minister; or
(5) disclose information they are not authorised to disclose.
In case of doubt guidance is to be sought from a superior.
Members of the
Members of the Armed Forces are not to assume a public role in support of a
Armed Forces
political party while:
not to assume
a public role
(1) they remain an active member of the Armed Forces,
9.1.22.
(2) they are on duty, and/or
(3) they are wearing uniform.
Wearing of
Members of the Armed Forces are not to wear any party emblems, ribbons
party emblems
or other political badges on uniform.
9.1.23.
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PART 9: Obligations
Provision of Support to Candidates
Political
Reasonable opportunities are to be granted to members of the Armed Forces
meetings
to hear the candidate’s public addresses, providing there is no interference
9.1.24.
with military duties. Where practicable, civilian dress should be worn.
Note: Members of the Armed Forces in uniform are not to take an active part
in the proceedings of political meetings.
Political meetings are not normal y to be held within Service working areas.
Provision of
Candidates, either local body or national level, requesting permission to hold
facilities
electoral meetings during an election campaign are to be advised to seek the
9.1.25.
use of a suitable public building. Where suitable facilities are not available
within a reasonable distance, appropriate camp or base facilities may made
available at normal charges.
Where a Member of Parliament, representing an area or group in which a
military camp or base is located, requests the temporary use of a room to
interview constituents, ef orts are to be made to assist.
Posting of
An of icer in command of a defence area may permit the posting of
political notices advertising notices on unit notice boards.
9.1.26.
Canvassing
With the permission of the officer in charge of a defence area, civilians may,
9.1.27.
on behalf of an official candidate, carry out canvassing activities in service
housing areas located within a defence area.
This provision does not extend to holding political meetings and does not
apply to Service housing areas located outside defence areas.
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Section D: Members of the NZDF Standing as Candidates for
Elections
Overview
Introduction
This section covers members of the Armed Forces who stand for election.
9.1.28.
Contents
This section contains the fol owing topics:
9.1.29.
Topic
Page
Candidature for Parliament or Local Bodies
12
Successful Election to Parliament
13
Unsuccessful Election to Parliament
14
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Candidature for Parliament or Local Bodies
Candidates for
When members of the NZDF are aware that they are to be nominated as a
Parliament
candidate for a parliamentary election, they are to:
9.1.30.
(1) notify their unit commander or manager, who is to advise the
appropriate single Service Chief, and CPO.
(2) be placed on Annual Leave (AL) or Leave Without Pay (LWOP) or a
leave of absence commencing from nomination day. If the nomination
as a candidate is accepted they are to remain on leave until the first
day after pol ing day, unless the nomination is withdrawn before this
time, and
(3) actively pursue the candidature only during the period of leave.
Members of the Armed Forces who have advised of their intention to stand
for election to Parliament and are actively electioneering may be required to
proceed on AL, LWOP or leave of absence at any time prior to nomination
day. Any balance of AL due to Regular members of the Armed Forces is to
be taken before commencing any period of LWOP.
While on leave in connection with the candidacy, members of the Armed
Forces shal not carry out any Service duties or receive any salary except for
that due for any period of AL.
Refer: State Services Commission Guidelines on the Standards of Integrity
and Conduct in the State Sector.
Withdrawal of
Candidates for election to Parliament are entitled to withdraw their
candidature
nomination up to noon on nomination day. A member of the Armed Forces
9.1.31.
who withdraws their candidature may resume duty on the next working day
fol owing their withdrawal.
As withdrawal is not permitted after noon on nomination day, members of the
Armed Forces who signify after this time that they wil not contest the election
for which they have been nominated, may not resume duty until the first day
after pol ing day.
Candidates for
Members of the Armed Forces standing for election to a local body are to
Local Body
notify their unit commander, who is to advise their appropriate single Service
elections
Chief, and CPO.
9.1.32.
Where there is a ful time commitment to the local body election, the same
general provisions as for election to Parliament are to apply.
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Successful Election to Parliament
Successful
If a member of the NZDF is elected a Member of Parliament, the fol owing
election
are to occur ef ective at election day or on a day on which the result of the
9.1.33.
pol is declared, whichever comes last:
If the member of the
then…
NZDF is …
Regular Force
The member’s service is terminated by statute
under s.53 of the Electoral Act 1993.
The member shal be deemed to have been
released at own request without having given
the prescribed notice, and al conditions relating
to this form of release are to apply.
Territorial Force
A Territorial Force member may continue to
serve in the NZDF, but wil not be cal ed up for
service during their tenure as a Member of
Parliament.
Civil Staf
The member is to request LWOP or is to resign.
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PART 9: Obligations
Unsuccessful Election to Parliament
Resuming duty
Members of the Armed Forces who, having stood for election to Parliament,
9.1.34.
are not elected may resume duty on the first working day fol owing pol ing
day, or on the day on which the result of the pol is declared, whichever
comes last.
Reinstatement
If the member of the NZDF elects to be reinstated, this reinstatement wil be
9.1.35.
deemed to have occurred on the date that the application is submit ed to the
appropriate single Service Chief. Posting and employment of the member
shal as far as practical match the posting and employment that member was
in prior to their release, however the final decision on posting and
employment is at the discretion of the Service Chief concerned, or the CDF
for members of the Civil Staf .
In cases where a member of the Armed Forces is reinstated into the NZDF,
any rights and benefits (apart from salary) that rely on continuous service
shal be deemed to be unbroken by absences between the dates of release,
or discharge, and reinstatement.
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PART 9: Obligations
Section E: Visits to Military Establishments by Ministers of
Parliament or Official Parliamentary Candidates
Overview
Introduction
This section provides the provisions when visits to military establishments
9.1.36.
are requested by Ministers or candidates.
Contents
This section contains the fol owing topic:
9.1.37.
Topic
Page
Requests for Visits
16
Chapter 1: Political Activity
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Requests for Visits
Requests for
Requests by Members of Parliament for visits to military establishments, for
visits by
the purpose of familiarisation or briefing, are to be directed to the Minister of
Members of
Defence for approval.
Parliament
9.1.38.
Fol owing approval by the Minister, arrangements for the visit are to be
coordinated by HQNZDF.
Political
This provision applies to familiarisation or briefing visits only and does not
meetings and
negate the rules set out in this Order concerning political meetings and
electioneering
electioneering.
9.1.39.
Requests for
During the run-up to a general election or a Parliamentary by-election, official
visits leading
candidates may also seek visits to military establishments for familiarisation
up to a General
or briefings on the same basis as Members of Parliament. Such requests are
Election
to be handled in the manner prescribed in paragraph 9.1.38.,
9.1.40.
Requests for
visits by Members of Parliament.
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PART 9: Obligations
Section F: Citizen Initiated Referenda
Overview
Introduction
The Citizen Initiated Referenda Act establishes a process that al ows
9.1.41.
persons, or organisations, to initiate a non-binding national referendum on a
subject of their choice. This is provided that 10% of registered voters sign a
petition in support of the question.
The Clerk of the House of Representatives determines the precise wording
of the proposal. They must ensure the question clearly conveys the purpose
and ef ect of the proposal.
The promoter has 12 months in which to col ect the necessary signatures to
cause a national referendum to be held.
Contents
This section contains the fol owing topic:
9.1.42.
Topic
Page
NZDF Participation in a Referendum
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Chapter 1: Political Activity
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PART 9: Obligations
NZDF Participation in a Referendum
NZDF
The Director Coordination, HQNZDF, is responsible for dealing with any
coordination
requests to the NZDF from the Clerk of the House of Representatives for
9.1.43.
assistance.
Any assistance provided is to focus on ensuring the question clearly conveys
the purpose and ef ect of the proposal. Comments on relative merit of the
proposal are to be avoided.
Advice to the
The Minister of Defence is to be informed of requests received by the NZDF
Minister of
from the Clerk for assistance.
Defence
9.1.44.
The Minister is to be shown the proposed response.
Rights to use
Members of the NZDF have the same rights to use the referendum process
referendum
as any other member of New Zealand society.
9.1.45.
Members of the Armed Forces are to ensure their participation does not
bring them into conflict with their primary duty of serving the Government in a
political y neutral manner.
Care is needed on the part of senior members of the Armed Forces where a
referendum relates to policies with which personnel may have been
professional y associated.
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