Legal Standing
The New Zealand Cadet Forces is currently covered by the Defence Act 1990. The Minister of Defence holds ultimate control, with the Chief of Defence Force (CDF) in a compulsory direction role. Any unit of the Cadet Forces must be attached to the Air Training Corps, New Zealand Cadet Corps or Sea Cadet Corps. The Minister and CDF have the power to authorize the formation, disbandment and limits on the number of units, appoint cadet officers, and determine policy.
Parliament may appropriate funding to the Cadet Forces, which the CDF is responsible for approving its spending. The CDF also has the authority to pay wages, allowances and grants to CF personnel out of government funds, so in theory the Cadet Forces could become a professional organization. However a significant increase in funding would be required, as present levels barely sustain the organization's current activity. Personnel would also have reduced labour rights, as they are not covered by the Voluntary Employment Protection Act 1973.
Although the Cadet Forces has drifted away from its original purpose of preparing youth for military service, there are no legal boundaries in civil or military law in regards to military training; rather this is provided through Cadet Force policy at the discretion of the Chief of Defence Force. Because CF personnel are not bound by the Armed Forces Discipline Act 1971. or the State Sector Act 1988, no part of the Cadet Forces can be placed under an active service order, although any individual CF personnel who engage in Armed Forces service, training or exercises are still bound by the Armed Forces Discipline Act and are not eligible for exemption by Governor-General Order in Council. In this case, rank is recognised in relation to the Act. CF personnel still must be over the age of 17 to engage in active service, however.
Members are still covered by the War Pensions Act 1954, entitling personnel and their families to compensation for any disablement or death incurred during service. They are not entitled to any additional superannuation, as they are exempt from the Government Superannuation Fund Act 1956.
The Terms and Conditions of Service to the Cadet Forces are separate to those of the Armed Forces. Known as the NZCF 2A, any changes must be approved by the CDF.
Read more about this topic: New Zealand Cadet Forces
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