New Defence Bill Expands Powers to Maintain National Security During Strikes

The New Zealand Government has introduced legislation aimed at strengthening the ability of the Defence Force to maintain critical operations during periods of industrial action by civilian staff. The Defence (Workforce) Amendment Bill, announced by Defence Minister Judith Collins, expands the authority of the Chief of Defence Force (CDF) to redeploy uniformed personnel into roles typically performed by civilian employees when national security could be at risk.

Strengthening Continuity in Defence Operations

Under current law, the Defence Act permits the Minister of Defence to authorise the use of uniformed personnel only when health and safety would otherwise be compromised. However, the new amendment extends this provision to situations where national security, operational readiness, or the ability to deliver core defence functions could be threatened.

Minister Collins stressed that the measure is about ensuring New Zealand’s defence infrastructure remains secure and functional even during industrial disputes.

“The Defence (Workforce) Amendment Bill means the Minister of Defence will be able to authorise the CDF to redeploy uniformed personnel to carry out the roles of New Zealand Defence Force civilian staff. Any authorisation would be informed by operational and legal advice from the NZDF,” she said.

Examples of roles that could be covered under the new provisions include security at military bases, weapons and munitions servicing, and maintenance of aircraft—all of which are essential to defence readiness and response capability.

Lessons from Recent Industrial Action

The move follows challenges highlighted during the industrial action by NZDF civilian staff in December 2024, when the Defence Force had to seek parliamentary approval to extend military redeployment beyond 14 days. That process created vulnerabilities:

• Decisions depended on Parliament’s availability, raising risks if urgent action was required during recess or in emergencies.

• The process also risked exposing sensitive defence information through parliamentary debate and public records.

By expanding ministerial powers, the new bill aims to eliminate delays and ensure that critical operations can continue seamlessly.

Balancing Workers’ Rights and National Security

Minister Collins made it clear that the legislation does not curtail the rights of civilian staff or other public sector employees to take industrial action. Instead, it provides a safeguard to ensure continuity of essential defence services during such periods.

“The ability and right of NZDF civilian staff and public service employees to take industrial action remains. But these changes ensure the security of New Zealand, and the safety of New Zealanders, endures while civilian staff exercise their rights,” Collins said.

She added that these measures will be used cautiously and only when circumstances demand.

“The authorisation of military personnel to cover civilian tasks when industrial action occurs within the NZDF is not taken lightly. But when required, it should be practical in its application. This Bill delivers on that.”

Rising Security Pressures

The Government is positioning the reforms against a backdrop of growing global and regional security challenges. Minister Collins argued that New Zealand cannot afford operational disruption in its defence systems at a time when geopolitical tensions and security threats are intensifying.

This aligns with broader government efforts to modernise and future-proof the New Zealand Defence Force, ensuring resilience across both personnel and infrastructure.

Public Consultation and Next Steps

The bill will soon be referred to a select committee in September 2025, where the public, defence experts, unions, and other stakeholders will have an opportunity to provide submissions. The consultation process will test how the legislation balances national security imperatives with the employment rights of civilian defence staff.

The select committee will then review submissions and provide recommendations before the bill returns to Parliament for further debate.

If passed, the legislation will give the Government a more flexible framework for managing workforce disruptions in defence—one that safeguards both operational readiness and New Zealand’s broader security interests.