THE Anzac legend counts for little to modern day Kiwis who want to join the Australian Defence Force.

Due to an apparent anomaly in the Defence Instructions, the 648,000 New Zealanders living permanently in Australia are barred from joining either the permanent or reserve defence forces of their adopted country.

Former Kiwi soldier Duncan Sandilands, whose grandfather helped to forge the Anzac legend during a four-month stint in the trenches at Gallipoli, tried to join the Australian Army Reserve in 2007 but was refused.

''I passed all the tests with flying colours and was then told I wasn't eligible,'' he said.

The super fit mountaineer is now 53 years old and he has launched a campaign with Brisbane-based human rights barrister Mark Plunkett to change the rules so that he and the estimated five Kiwis a week who try and join up can be granted entry.

The Kiwi ban applies despite the fact that Defence is recruiting troops from Britain, South Africa, Canada and the US and is offering fast tracked citizenship in return.

Citizenship is granted to overseas troops after 90 days permanent or six months reserve service.

A 2008 letter from the head of defence force recruiting urged Mr Sandilands to lobby the Department of Immigration for a policy change regarding Kiwi eligibility.

Under the terms of the Special Category Visa (SCV) that applies to New Zealanders living in Australia they are prevented from applying for permanent residency and citizenship as required by Defence.

Mr Sandilands has lived, worked and paid taxes in Australia since 2004, but he can't serve his adopted country.

''Australia is now my home and I want to give something back to the country,'' Mr Sandilands said.

''I have a right to defend this country that is now my home.

''I will win this, I have got right on my side,'' he said.

Mr Sandilands said he had spent $100,000 on the fight so far and he was determined to see it through.

60,000 Kiwis came to Australia last year and more than 78 per cent of all New Zealanders living here are in full-time work compared with 60 per cent of Australians.

Mr Plunkett has written to the government seeking a ministerial direction to exempt Kiwis living here on an SCV from the requirements of the Defence Directive.

''With the 100th anniversary of the Anzac landing at Gallipoli soon to be upon us it is propitious to lift this apartheid-like ban on Australian New Zealanders living permanently in Australia from being disqualified from ADF recruitment,'' Mr Plunkett said.