(1) For the purposes of this Act, a person must be appointed under section 61A of the Defence Act 1990 as the Secretary for War Pensions.

(2) The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act.

(1) The Secretary may from time to time, either generally or particularly, delegate in writing to any official or employee of the Department such of the Secretary's powers, functions, and discretions under this Act as the Secretary determines, other than—

• (a) The powers, functions, and discretions conferred on the Secretary by sections 14(2) to (5), 16(4), 19, 21 to 27, 34, 35, 35A, 48, and 85 of this Act; and

• (b) The power of delegation conferred by this subsection.

(1A) The Secretary may from time to time, either generally or particularly, delegate in writing to the chief executive of any department of the Public Service listed in Schedule 1 of the State Sector Act 1988 such of the Secretary's powers, functions, and discretions under this Act as the Secretary determines, including the power of delegation conferred by this subsection.

(2) Any delegation under this section may be made to—

• (a) A specified person; or

• (b) A person of a specified class; or

• (c) The holder for the time being of a specified office or appointment; or

• (d) The holders for the time being of offices or appointments of a specified class.

(3) Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

(4) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.

(5) A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.

(6) If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary's successor in office.

(7) Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.

(8) Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 of this Act.

(1) A Deputy Secretary for War Pensions may from time to time be appointed under section 61A of the Defence Act 1990 and, subject to the control of the Secretary, the Deputy Secretary has and may exercise all the powers, duties, and functions of the Secretary.

(2) On the occurrence from any cause of a vacancy in the office of Secretary (whether by reason of death, resignation, or otherwise), and in case of absence from duty of the Secretary (from whatsoever cause arising), and so long as any such vacancy or absence continues, the Deputy Secretary shall have and may exercise all the powers, duties, and functions of the Secretary.

(3) The fact that the Deputy Secretary exercises any power, duty, or function of the Secretary shall be conclusive evidence of his authority to do so.

(1) There is hereby established a Board to be called the War Pensions Advisory Board.

(2) The Advisory Board shall be a body corporate with perpetual succession and a common seal, and may hold real and personal property, and sue and be sued, and do and suffer all such acts and things as bodies corporate may lawfully do and suffer.

(3) The Advisory Board shall consist of—

• (a) The Secretary for War Pensions:

• (b) The National President for the time being of the New Zealand Returned Services' Association (Incorporated):

• (c) A medical member (who shall be a medical practitioner) appointed by the Minister.

The appointed member of the Advisory Board shall hold office during the Minister's pleasure, but shall not hold office for a continuous period of more than 3 years without reappointment.

(1) The appointed member of the Advisory Board may at any time resign by written notice to the Minister.

(2) The powers of the Advisory Board shall not be affected by any vacancy in its membership.

(1) The presiding member of the Advisory Board shall be the Secretary for War Pensions who shall preside at all meetings of the Advisory Board at which he or she is present.

(2) In the absence of the presiding member from any meeting of the Advisory Board, the person appointed to attend the meeting in the presiding member's place pursuant to section 5E(1) of this Act shall be the presiding member for that meeting.

(3) In the absence from any meeting of both the presiding member and any person appointed to attend the meeting in the presiding member's place, the members present shall appoint one of their number to be the presiding member for that meeting.

(1) The Secretary for War Pensions may appoint any official or employee of the Department to attend any meeting of the Advisory Board in the Secretary's place.

(2) The National President of the New Zealand Returned Services' Association (Incorporated) may appoint an officer or the chief executive officer of that association to attend any meeting of the Advisory Board in the place of the National President.

(3) The Minister may from time to time appoint a deputy for the medial member, who shall be a medical practitioner; and the person appointed shall hold office at the Minister's pleasure and may act in place of the medical member for whom he or she is the deputy while that member is unable to attend any meeting of the Advisory Board.

(4) Every person appointed under this section to deputise for a member of the Advisory Board, while so acting, shall be deemed to be a member of the Advisory Board; and the fact that any deputy attends a meeting shall be conclusive proof of the deputy's authority to do so.

(1) Meetings of the Advisory Board shall be held at such times and places as the Advisory Board or the presiding member may from time to time appoint.

(2) At any meeting of the Advisory Board the quorum shall be 2 members.

(3) Every matter to be decided at a meeting of the Advisory Board shall be determined by a majority of the votes of the members present and voting on it.

(4) At any meeting of the Advisory Board the person for the time being acting as the presiding member shall have a deliberative vote and, if the voting is equal, shall also have a casting vote.

(5) Subject to this Act and to the rules of the Advisory Board, the Advisory Board may regulate its own procedure.

All secretarial and administrative services required for the purposes of the Advisory Board shall be supplied by the Department.

(1) The Advisory Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(2) There may be paid to the members of the Advisory Board (other than officials and employees of the Department), out of the Crown Bank Account, from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.

The Advisory Board shall have the following powers and functions:

• (a) On its own initiative or at the request of the Minister to advise the Minister on policies to be applied in respect of war pensions and allowances:

• (b) To approve guidelines for the determination and assessment of war pensions to be used by medical examiners and claims panels:

• (c) Generally to consider and advise on any other matter which assists the administration of war pensions or that the Minister refers to it:

• (d) To administer the War Pensions Medical Research Trust Fund established under section 18I of this Act:

• (e) To consider applications for payments from the War Pensions Medical Research Trust Fund, and to determine the persons to whom grants, awards, or fellowships are to be made under section 18L of this Act:

• (f) Such other powers and functions as may be conferred or imposed on it by this Act or any other enactment:

• (g) To make rules for the conduct of its own business.

(1) For the purposes of this Act there shall be such number of War Pensions Appeal Boards as the Minister thinks fit.

(2) A War Pensions Appeal Board shall consist of not more than 4 members, who shall be appointed by the Minister and shall hold office during his pleasure:

Provided that no member of an Appeal Board shall hold office for a continuous period of more than 3 years without reappointment.

(3) Two members of each Appeal Board shall be medical practitioners and one of those members shall be appointed as a representative of the members of the forces on the nomination of the New Zealand Returned Services' Association (Incorporated).

(4) Each Appeal Board shall be distinguished by such distinctive name as the Minister thinks fit.

(5) Except as provided in subsections (6) and (7) of this section, all members of an Appeal Board shall be present at the hearing of any appeal under this Act from any decision of the Secretary.

(6) At the hearing of an appeal lodged under section 16(1)(c) of this Act, the Chairman of the Appeal Board, one medical practitioner appointed under subsection (3) of this section, and the member appointed as a representative of the members of the forces under the said subsection, shall constitute a quorum.

(7) [Repealed]

(8) The decision of a majority of the members present at a sitting of the Appeal Board shall be the decision of the Board. If the said members are equally divided in opinion, the decision of the Chairman shall be the decision of the Appeal Board.

One of the members of each Appeal Board shall be appointed by the Minister to be the Chairman thereof and shall hold office as Chairman during the pleasure of the Minister.

(1) The Minister may from time to time appoint a person to be the deputy of any member of any Appeal Board.

(2) Any person appointed as deputy of a member appointed as the representative of the members of the forces shall be nominated in the same manner as that member, and the deputy of a member being a medical practitioner shall also be a medical practitioner.

(3) The deputy of any member shall have authority to act as a member of the Board in the event of the absence from any meeting of the Board of the member whose deputy he is, and shall in that event have all the powers of that member.

(1) For the purpose of appointing any member of any Appeal Board who is required by this Act to be nominated by the New Zealand Returned Services' Association (Incorporated), the Minister may require that Association to submit more than one but not more than 3 nominations, and on receipt of those nominations the Minister may appoint such one of the persons so nominated as he thinks fit.

(2) In the event of the Association failing for more than 2 months to submit to the Minister the names of the required number of nominees, the Minister may temporarily appoint such person as he thinks fit (whether nominated by the Association or not) to act as a member of the Board until the vacancy is filled in accordance with subsection (1) of this section.

There shall be paid to the members of any Appeal Board remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if every such Board were a statutory Board within the meaning of that Act.

For the purpose of carrying out their several functions under this Act, the Secretary and the Appeal Boards shall be deemed to be Commissions appointed under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any regulations made under this Act, all the provisions of that Act shall apply accordingly.

(1) All claims for or in respect of pensions or allowances under this Act shall be made in writing.

(2) A claimant for a pension for death or disablement of a member of the forces allegedly caused by or attributable to or aggravated by service may be required by the Secretary, if it is appropriate to the circumstances of the case, to produce a medical report from the claimant's or, as the case may be, the deceased member of the force's own medical practitioner which sets out with particularity the nature of the condition from which the deceased member of the forces died, or which occasions the claimant's disability.

(3) As soon as practicable after receiving a claim under this section, the Secretary shall consider it and may either—

• (a) Grant a pension or allowance in accordance with the provisions of this Act; or

• (b) Decline the claim on the grounds that the claimant is not entitled to a pension or allowance under this Act.

(4) The claimant shall be forthwith advised of the decision to grant or decline the claim, and shall at the same time be supplied with a written explanation of the reason or reasons for the decision.

(5) If a claimant, whose right of appeal under section 16 of this Act against a decision made under subsection (3) of this section has not been exercised and has lapsed, satisfies the Secretary that, because of additional evidence becoming available or for any other reason, it is desirable in the interests of justice that the claim should be reconsidered, the Secretary shall accept from the claimant a fresh claim; and any such claim shall be dealt with in accordance with section 15E of this Act.

(1) The Secretary must maintain a sufficient number of war pensions claims panels.

(1A) Despite subsection (1), the Secretary may not alter the number of claims panels unless the Secretary has consulted with the National Executive Committee of the New Zealand Returned Services' Association (Incorporated).

(2) Each claims panel consists of—

• (a) A person who—

  • (i) Is an official or employee of the Department and is appointed from time to time by the Secretary; or

  • (ii) Is an official or employee of a department of the public service listed in Schedule 1 of the State Sector Act 1988 and is appointed from time to time by the chief executive of that department after consultation with the Secretary; and

• (b) A person appointed from time to time by the Secretary on the nomination of the National Executive Committee of the New Zealand Returned Services' Association (Incorporated).

(2A) A claims panel may, on or after 1 October 1999, allow a person nominated by a claimant to participate as the claimant's advocate in the consideration of the claim by the panel, if the members of the panel consider that the person nominated is sufficiently qualified, by reason of his or her training and experience, to participate in the consideration of the claim.

(2B) A person who is allowed under subsection (2A) to participate as the claimant's advocate in the consideration of a claim is not a member of the claims panel, and is not part of the panel for the purposes of section 15B(2) to (4).

(3) There may be paid to the member of the claims panel appointed under subsection (2)(b) of this section, out of the Crown Bank Account from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 as if the panel were a statutory board within the meaning of that Act; and that Act shall apply accordingly.

(1) The Secretary may from time to time, either generally or particularly, delegate in writing to any claims panel, or national review officer appointed under section 15C of this Act, such of the Secretary's powers, functions, and discretions under sections 14(2) to (4), 19, 21 to 27, 34, 35, 35A, 48, and 66A of this Act and (in the case of a delegation to a national review officer) sections 14(5), 16(4), and 85 of this Act as the Secretary determines.

(2) Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the claims panel or national review officer to which or to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

(3) Every claims panel or national review officer purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.

(4) A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.

(5) If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary's successor in office.

(6) Every delegation under this section to a specified claims panel shall continue to have effect notwithstanding any change in the membership of the panel.

(7) Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.

(8) Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 of this Act.

(1) Where a claims panel is to consider any claim pursuant to a delegation under section 15A of this Act—

• (a) Every provision of this Act relating to claims for war pensions or allowances, so far as it is relevant to the claim, shall, with the necessary modifications, apply to and in respect of the consideration and determination of the claim:

• (b) The claims panel may require the claimant to undergo such medical examinations or assessments as may be reasonably necessary to enable the claims panel to consider the claim fairly:

• (c) The claims panel may require the claimant to attend and give evidence before the panel in support of the claim, and may accept evidence in person from the claimant or any other person whom the claimant wishes to present in support of the claim:

• (d) The claimant shall have the right to make written submissions to the claims panel in support of the claim.

(2) Every decision of a claims panel shall be unanimous.

(3) If there is no unanimity between the members of a claims panel on any claim, each member shall make a written record of the member's opinion and the reasons for that opinion.

(4) Where subsection (3) of this section applies, the claim, together with each member's written opinion on the claim and all other relevant information, shall be forwarded to a national review officer appointed under section 15C of this Act for consideration.

The Secretary may from time to time appoint one or more officials or employees of the Department to be a national review officer.

(1) Any claimant who is dissatisfied with the decision of any claims panel may, within 6 months after being notified of the decision, apply to a national review officer for the decision to be reviewed.

(2) On receiving an application under subsection (1) of this section or on receiving written opinions pursuant to section 15B(4) of this Act, the national review officer shall review the decision or consider the claim, as the case may require.

(3) On reviewing a decision following an application under subsection (1) of this section, the national review officer may, in accordance with this Act,—

• (a) Confirm the decision; or

• (b) Amend or reverse the decision; or

• (c) Make such other decision as is appropriate to the circumstances of the case.

(4) On considering a claim forwarded under section 15B(4) of this Act, the national review officer, after taking into account the opinions of the members of the claims panel, shall consider the claim and make a decision on it.

(5) The provisions of section 15B(1)(a) to (d) of this Act, with the necessary modifications, shall apply in respect of the review of a decision and the consideration of a claim by a national review officer under this section.

(6) If a national review officer requires a claimant to attend and give evidence in support of a claim, and the claimant or a person authorised by the claimant to represent the claimant does so, the Secretary, out of money appropriated by Parliament for the purpose, shall pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the claimant or representative.

(1) If an application for reconsideration of a claim is received under section 14(5) or section 16(4) of this Act, the Secretary or a national review officer (if authorised to do so pursuant to a delegation) shall determine, in accordance with whichever of those subsections is applicable, whether the fresh application should be accepted.

(2) If a fresh claim is accepted under subsection (1) of this section, the Secretary or national review officer, as the case may be, shall refer the claim to the appropriate claims panel for consideration and decision; and in considering and deciding on the fresh claim it shall be dealt with in all respects as if it were an original claim.

(1) Within 6 months after the date on which any decision of the Secretary or a national review officer (whether made before or after the commencement of this Act) has been communicated to him, the claimant, by notice in writing posted or delivered to the Secretary, may appeal from the decision in so far as it consists of—

• (a) The rejection of any claim for a pension in respect of the disablement or death of a member of the forces on the ground that the disablement or death was not attributable to his service as a member of the forces or that the condition that resulted in his disablement or death was not aggravated by that service; or

• (b) The assessment of a pension granted to any member of the forces in so far as the assessment is based on medical grounds; or

• (c) The assessment of any additional pension for severe disablement under section 23 of this Act.

(2) On receipt of any such appeal the Secretary shall submit the appeal to a War Pensions Appeal Board, which may confirm the decision or may, in accordance with the provisions of this Act, grant or refuse to grant a pension, or increase or reduce the rate of any pension, or terminate any pension.

(3) Any decision of an Appeal Board may be made retrospective if and to such extent as that Board thinks fit.

(4) The decision of an Appeal Board shall be final and conclusive:

Provided that, if at any time a claimant whose appeal has been determined satisfies the Secretary that by reason of additional evidence becoming available or for any other reason whatsoever it is desirable in the interests of justice that his claim should be reconsidered, the Secretary shall accept from him a fresh claim and any such claim shall be dealt with in all respects as if it were an original application for a pension.

(5) If any person has the right to apply for the review of any decision pursuant to section 15D of this Act, an Appeal Board shall not consider an appeal against the decision under this section until a national review officer has completed a review of the decision.

(6) The Appeal Board shall not make a decision in respect of an appeal brought against any decision made under section 23 of this Act unless it has first obtained and considered a report on the general circumstances of the appellant made by a social worker or a welfare officer employed by the New Zealand Returned Services' Association (Incorporated).

(1) An appeal shall lie to the Social Security Appeal Authority against any decision or determination of the Secretary under—

• (a) [Repealed]

• (b) Sections 78 and 78A, 81, 83, 84 (except in relation to pensions granted under Parts 2, 4, and 5 of this Act), and sections 84A, 86, 87, 87A, 89, and 90 of this Act—

other than a decision or determination in respect of which an appeal lies to a War Pensions Appeal Board.

(2) Sections 12A to 12R of the Social Security Act 1964 shall, with the necessary modifications, apply in respect of every appeal under this section, and for that purpose every reference in those sections to the chief executive of the department shall be read as a reference to the Secretary.

(3) If any person has the right to apply for the review of any decision pursuant to section 15D of this Act, the Social Security Appeal Authority shall not consider an appeal against the decision under this section until a national review officer has completed a review of the decision.

(1) Where any claim for a pension under this Act is made by or in respect of a member of the forces who, on attesting for service or at any time thereafter, was medically graded as fit for service with the forces, the medical grading shall, except as otherwise provided in this section, be accepted as conclusive proof of the absolute physical and mental fitness of the member at the time of that grading, subject only to any physical or mental conditions qualifying that absolute fitness that may be specifically recorded in the medical record made at the time of the medical grading:

Provided that the foregoing provisions of this subsection shall not apply if the medical grading of the member has been altered by a competent authority within 2 months after he has been actually attached to the forces for service therein but before he has been subjected to any conditions that have in fact prejudicially affected his physical or mental fitness or to any conditions that may be regarded as having possibly or probably so affected his physical or mental fitness, and the member has been officially informed of the alteration of his grading within 3 months after he has been so attached to the forces for service therein.

(2) The foregoing presumption in favour of the claimant based on the medical grading of the member shall not operate in any case where it is proved that the member failed to reveal to the medical examiners, after proper inquiry made of him, any material facts in relation to his physical or mental health or history, or where it is proved that by reason of any false statement, non-disclosure, or misrepresentation he was erroneously graded.

(3) In any case in which the foregoing presumption in favour of the claimant does not for any reason apply or is not sufficient to establish his claim, the claimant shall be entitled to produce to the Secretary or an Appeal Board, as the case may be, any evidence (whether strictly legal evidence or not) to show that the condition that resulted in the disablement or death of the member was possibly or probably attributable to or aggravated by his service with the forces in connection with any war or emergency, and if any reasonable evidence to that effect is produced there shall thereby be established a presumption that that condition was in fact attributable to or aggravated by the service of the member, and that presumption may be rebutted only by evidence that satisfies the Secretary or Appeal Board that the condition was not so attributable or aggravated but was due entirely to other causes.

(4) Where any member of the forces has suffered the loss of, or the permanent loss of the use of, one of any paired organs of the body, and that loss is held to be attributable to his service, the subsequent loss or impairment of the efficiency of the other corresponding organ (from whatever cause arising) shall be conclusively presumed to be attributable to his service.

(1) In determining, in relation to any claim for a pension under this Act made by a member of the forces in respect of his disablement or made by any other person in respect of the disablement or death of a member, whether the disablement or death of the member was attributable to his service as a member or whether the condition that resulted in his disablement or death was aggravated by that service, the Secretary or an Appeal Board, as the case may be, shall decide in accordance with substantial justice and the merits of the case, and shall not be bound by any technicalities or legal forms or rules of evidence.

(2) In the application of the general rule formulated in subsection (1) of this section the following particular rules shall apply—

• (a) In no case shall there be on the claimant any onus of proving that the disablement or death on which the claim is based was in fact attributable to the service of the member or that the condition that resulted in the disablement or death of the member was aggravated by his service:

• (b) The claimant shall be given the full benefit of the presumptions in his favour provided for in section 17 of this Act:

• (c) The Secretary or an Appeal Board, as the case may be, shall be entitled to draw and shall draw from all the circumstances of the case, from evidence furnished, and from medical opinions submitted to the Secretary or Appeal Board, all reasonable inferences in favour of the claimant, and the claimant shall, in every case, be given the benefit of any doubt as to the existence of any fact, matter, cause, or circumstance that would be favourable to him.

In this Part of this Act, unless the context otherwise requires,—

There is hereby established a fund to be known as the War Pensions Medical Research Trust Fund which shall comprise all money paid into it under section 85(2)(e) of this Act and all grants, donations, or gifts made to or vested in the Fund together with any income received from any source whatsoever.

(1) The capital of the Fund shall consist of—

• (a) All money paid into the Fund pursuant to section 85(2)(e) of this Act:

• (b) All money paid into the Fund by way of grants, donations, or gifts:

• (c) All property held by or on behalf of the Advisory Board under this Part of this Act:

• (d) All money derived from the sale of any property held by or on behalf of the Advisory Board under this Part of this Act:

• (e) All income transferred to capital under subsection (3) of this section.

(2) The income of the Fund shall consist of—

• (a) All income derived from the investment of money by or on behalf of the Advisory Board under section 18K of this Act:

• (b) All income derived from the administration of property held by or on behalf of the Advisory Board:

• (c) All money derived from the leasing of land:

• (d) All other money not forming part of the capital of the Fund.

(3) Any income of the Fund not for the time being required for expenditure under section 18L of this Act may, in the discretion of the Advisory Board, be transferred to the capital of the Fund, whether or not the income has been invested under subsection (2) of section 18K of this Act.

(1) Any money, being capital of the Fund within the meaning of subsection (1) of section 18J of this Act, held by or on behalf of the Advisory Board shall from time to time be invested in any securities in which trust funds may be invested by trustees in accordance with the Trustee Act 1956 or in accordance with any other statutory authority or in such other manner as the Advisory Board, with the approval of the Minister, may determine:

Provided that, notwithstanding any rule of law or equity to the contrary, the Advisory Board shall not be obliged to convert any securities that are the subject of a gift to the Fund and that are not securities in which the Advisory Board may invest money pursuant to this subsection.

(2) Any money, being income of the Advisory Board within the meaning of subsection (2) of section 18J of this Act, may, in the discretion of the Advisory Board, from time to time be invested in any manner authorised for the investment of capital under subsection (1) of this section.

(1) Subject to the provisions of this Part of this Act, the Advisory Board may apply the income of the Fund in such manner as the Advisory Board thinks fit for all or any of the following purposes:

• (a) The making of grants or awards for the purpose of medical research into mental disorders, or other fields of medical research beneficial to former members of the forces:

• (b) The provision of fellowships to qualified persons who will, in the Advisory Board's opinion, contribute to such research:

• (c) The costs incurred in the administration of the Fund.

(2) If at any time the income of the Fund is insufficient for the purposes of subsection (1) of this section the Advisory Board may, to the extent of the insufficiency, use the capital of the Fund for those purposes.

(3) No person shall be qualified to receive a fellowship under paragraph (b) of subsection (1) of this section unless he is—

• (a) Ordinarily resident in New Zealand; or

• (b) A person resident outside New Zealand who will, in the Advisory Board's opinion, fulfil the purpose for which the fellowship is granted by means of a visit or the extension of a visit to New Zealand.

(1) The conditions of tenure of every grant, award, and fellowship shall be determined by the Advisory Board.

(2) Every grant, award, and fellowship shall be of such value as the Advisory Board determines; and the Advisory Board may, in its discretion, renew or extend any grant, award, or fellowship, with or without modification in value or conditions of tenure.

(1) All money received by the Advisory Board or by an employee of the Department on behalf of the Advisory Board shall as soon as practicable after its receipt be paid into such bank account or accounts of the Advisory Board as the Advisory Board from time to time determines.

(2) No such money shall be withdrawn from the bank except by cheque signed by an employee of the Department approved for the purpose by the Advisory Board and countersigned by another such employee or by a member of the Advisory Board approved for the purpose by the Advisory Board.

(1) The Advisory Board must at all times keep full and correct records and accounts of all its financial transactions and of its assets and liabilities.

(1A) The Advisory Board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

(2) As soon as practicable after the end of each financial year ending with the 31st day of March, the Advisory Board shall cause to be prepared and submitted to the Audit Office full and true statements and accounts of all money, both capital and income, received and expended, and of all its income and expenditure, in that year, with a statement of financial position at the end of that year.

The purposes for which the Fund is established are hereby declared to be charitable purposes.

No member of the Advisory Board shall be personally liable for any act done or default made by the Advisory Board in good faith in the course of the operations of the Advisory Board.

(1) Subject to the provisions of this Act, pensions in respect of the disablement or death of any member of the forces (whether occurring before or after the commencement of this Act) shall be payable under this Part of this Act to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:

• (a) In any case where the disablement or death of the member occurred while he was on service overseas as a member of the forces in connection with any war in which Her Majesty was then engaged, or in connection with any emergency, whether arising out of the obligations undertaken by New Zealand in the Charter of the United Nations or otherwise:

• (b) In any case where the disablement or death of the member is attributable to his service in New Zealand or overseas:

• (c) In any case where the condition that resulted in the disablement or death of the member was aggravated by his service in New Zealand or overseas:

Provided that, except with the approval of the Minister, no pension shall be payable under this Part of this Act in respect of the disablement or death of any member if, at the date of his disablement or death, he was a deserter from the forces or was absent without leave and was not in receipt of continuous pay as a member of the forces:

Provided also that where any claim for a pension is made by a member in respect of his disablement the Secretary or an Appeal Board, as the case may be, may decline to grant a pension or may grant a pension at a reduced rate in any case where the Secretary or Appeal Board is satisfied on reasonable evidence that the disablement of the member is attributable in whole or in part to his wilful misconduct during his period of service.

(2) In any case to which paragraph (a) of subsection (1) of this section applies, the disablement or death of the member, as the case may be, shall for the purposes of this Act be deemed to be attributable to his service as a member of the forces.

(3) Nothing in this section shall apply to a spouse or partner of a member of the forces who is in receipt of a disablement pension payable under this Part of this Act in respect of any period of service which commenced on or after the 3rd day of September 1939, unless the member or the spouse or partner of the member, as the case may be, is entitled to make an election under section 66L of this Act to receive a war service pension and has not made such an election.

(4) Notwithstanding anything in subsection (3) of this section, if any person is, on the 1st day of April 1971, in receipt of a pension payable under subsection (1) of this section as the wife of a disabled person, and is not entitled to make an election under section 66L of this Act, the pension may, so long as the person remains otherwise qualified, continue to be paid to that person.

(5) If the disablement or death of a member of the Armed Forces of New Zealand within the meaning of the Accident Compensation Act 1982 occurred while he was serving (whether in New Zealand or elsewhere) as such a member in connection with a war or emergency, or is attributable to such service, or if the condition that resulted in the disablement or death of such a member was aggravated by such service, the disablement or death of the member, as the case may be, shall be deemed to be attributable to service as a member of the forces within the meaning of this Act, and the provisions of this Act shall apply accordingly.

Except as otherwise expressly provided in this Part of this Act, the rate of the pension payable to a member of the forces in respect of his total disablement shall not exceed the appropriate rate specified in Schedule 1 to this Act.

(1) Where the disablement of any member of the forces is due in whole or in part to any one of the disabilities specified in Schedule 9 to this Act, the rate of the pension payable to the member in respect of his disablement shall, if and so long as he is a bona fide resident of New Zealand, not be less than the appropriate percentage of the maximum rate of pension for total disablement specified in that Schedule.

(2) Where the disablement of the member is due, in whole or in part, to any 2 or more of the disabilities specified as aforesaid, the minimum rate of the pension payable to the member shall, if and so long as he is a bona fide resident of New Zealand, be ascertained by adding together the appropriate percentages in Schedule 9 to this Act in relation to those disabilities:

Provided that in no case shall a pension be payable by virtue of this subsection at a rate in excess of the maximum rate that would be payable to him in respect of his total disablement:

Provided also that where in the said Schedule the percentage of full pension payable for a specified disability involving multiple losses differs from the sum of the percentages specified for the separate losses, the former shall be the appropriate percentage.

Subject to the provisions of section 21 of this Act, the rates of the pension payable to any member of the forces in respect of his partial disablement shall be such lower rates than those payable in respect of total disablement as may in each case be determined by the Secretary, regard being had in every such case to the nature and extent of the disablement.

(1) This section applies to every case where a member of the forces—

• (a) Is suffering from total blindness; or

• (b) Is suffering from 2 or more serious disabilities (whether specified in Schedule 9 to this Act or not); or

• (c) Is totally disabled and is permanently bedridden or, if not permanently bedridden, is, in the opinion of the Secretary, so restricted in his activities and pursuits that he is prevented from engaging in normal social and recreational activities—

and a pension for total disablement in respect of such blindness, disabilities, or disablement is for the time being payable under section 19(1) of this Act.

(2) Notwithstanding anything in this Part of this Act, in any case to which this section applies the Secretary may, in the Secretary's discretion, increase the rate of the pension that would otherwise be payable to the member in respect of his disablement by not more than the appropriate rate specified in Schedule 1 to this Act.

(3) Notwithstanding anything in this Part of this Act but subject to subsection (4) of this section, if a person receiving an additional pension under this section is of or over the age of 60 years, that person shall be entitled to be paid, in addition to the total amount payable under section 19 of this Act and subsection (2) of this section, a further amount equal to 10 percent of that total amount.

(4) In each case entitlement to the further amount provided for in subsection (3) of this section shall commence on the earliest date that the Secretary considers practicable, being a date not earlier than the date of commencement of the pay period during which this subsection came into force or during which the pensioner attained the age of 60 years, whichever is the later.

Any pension granted under this Part of this Act to a member of the forces in respect of his total or partial disablement shall be a temporary pension or a permanent pension according to whether the disablement of the member is of a temporary or a permanent character:

Provided that where, in the opinion of the Secretary, any permanent disablement has not reached its final condition a temporary pension may be granted in respect thereof, and the temporary pension so granted shall, subject to its review in accordance with section 26 of this Act, continue in force until a permanent pension is granted.

(1) Except as provided in subsection (2) of this section, no account shall be taken of the income or property of the claimant or of any other person in considering a claim by any member of the forces for a pension in respect of his disablement, but the claim shall be determined solely by reference to the nature and extent of the disablement.

(2) In any case where the disablement of the member is attributable solely to his service in New Zealand or is attributable solely to his service out of New Zealand otherwise than in connection with any war, the Secretary may, in the Secretary's discretion, in determining the rate of any pension payable to the member in respect of his disablement, take into account any amount paid or payable to him by any person as compensation or damages. In any case where the disablement of a member is attributable solely to his service in New Zealand or elsewhere otherwise than in connection with any war, the Secretary may, in the Secretary's discretion, also take into account, in determining the rate of his pension, any amount paid or payable to him by way of pension, retiring allowance, compensation, or otherwise out of any public money or out of any Government superannuation fund.

(1) Except in any case to which subsection (2) of section 25 of this Act applies, a permanent pension granted under this Part of this Act to any member of the forces shall not thereafter be reduced unless it is conclusively established, beyond any possibility of doubt, that the disablement in respect of which it was granted has in fact proved to be temporary, either to the full extent thereof or in one or more of its essential characteristics.

(2) Subject to subsection (1) of this section, any pension granted under this Part of this Act to any member of the forces may from time to time and at any time be reviewed by the Secretary. On the review of any pension in accordance with this subsection the Secretary, having regard to any change that may have taken place in relation to his disablement in the physical or mental condition of the member since the pension was granted or was last reviewed, as the case may be, may terminate the pension or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

If the Secretary is satisfied, on the advice of not less than 2 medical practitioners having special experience in like cases, that any member of the forces who is in receipt of or is entitled to a pension under this Part of this Act should, in his own interest, undergo medical or curative treatment, whether in a hospital or elsewhere, the Secretary may reduce by not more than one-half thereof the amount of the pension to which the member would be otherwise entitled if and so long as the member, without good and sufficient cause, refuses or wilfully fails to undergo such treatment.

(1) In addition to the amount of pension payable to any member of the forces in accordance with the foregoing provisions of this Part of this Act, a special allowance for wear and tear on the clothing or footwear, or soiling of the clothing, of the member at not more than the appropriate rate specified in Schedule 1 to this Act may be paid as follows:

• (a) To any member who has suffered the loss in whole or in part of 2 limbs:

• (b) To any member who has suffered the loss in whole or in part of a leg:

• (c) To any member who has suffered the loss in whole or in part of an arm:

• (d) To any member who is obliged to use any mechanical or other appliance (other than an artificial leg or artificial arm):

• (e) To any member who is suffering from a disability which causes or leads to soiling of his clothing.

(2) Any allowance granted under this section shall be included in and deemed part of the pension of the member.

(1) If, with respect to any member of the forces who is in receipt of a pension under this Part of this Act in respect of his total disablement, the Secretary is satisfied that the services of an attendant are indispensable the Secretary may, in the Secretary's discretion, grant an allowance in respect of the services of an attendant at a rate not exceeding the appropriate rate specified in Schedule 2 to this Act.

(2) In special cases the Secretary may, in the Secretary's discretion, extend the provisions of subsection (1) of this section to apply to the case of any member who is in receipt of a pension in respect of his partial disablement.

(3) Any allowance under this section may be paid, in whole or in part, to the attendant or may be paid to the member in respect of the additional expenses incurred by him. Any allowance paid to a member under this section shall not be deemed to form part of his pension.

(1) Any member of the forces who has been awarded a decoration in respect of any period of service which commenced on or after the 3rd day of September 1939 may be paid an annuity, allowance, or addition to his pension, as the case may be, at such rate and in accordance with such conditions as may be prescribed. Different rates may be so prescribed in respect of different decorations.

(2) In this section the term decoration means such awards for gallantry granted by the Sovereign as are declared by the Governor-General, by Order in Council, to be decorations for the purposes of this section.

(3) Without limiting the power to make regulations conferred by section 96 of this Act, regulations may be made under that section prescribing the rates of annuities, allowances, or additions to pensions payable, and the conditions under which they are payable, and providing for such other matters as may be necessary to give full effect to the provisions of this section.

(1) Except as provided in subsection (2) of this section, the rate of the pension payable to the surviving spouse or surviving partner of a deceased member of the forces in respect of his or her death shall not exceed the appropriate rate specified in Schedule 4 to this Act.

(2) Where the surviving spouse or surviving partner has a child or children of the member dependent upon him or her the Secretary may, in the Secretary's discretion, increase the pension otherwise payable to the surviving spouse or surviving partner by a parent's allowance at a rate not exceeding the appropriate rate specified in the said Schedule 4.

(3) A parent's allowance in respect of any child—

• (a) Shall commence on such day as the Secretary determines, being not earlier than the first day of the pay period in which the child is born:

• (b) Where the child is over the age of 16 years, may be granted or continued, as if the child had not attained that age, during any period during which a pension is payable to or on behalf of the child in accordance with section 43 of this Act:

• (c) In the event of the death of the child, shall continue to such day as the Secretary determines, being not later than the end of the second pay period following the pay period in which the child dies.

Except as otherwise provided in this Act, the rate of the pension payable to the surviving spouse or surviving partner of a deceased member of the forces in respect of his or her death shall, if and so long as she or he is a bona fide resident of New Zealand, be the maximum appropriate rate prescribed in Schedule 4 to this Act.

Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member's death if—

• (a) the death of the member occurred within 1 year after the marriage or entry into the civil union or de facto relationship; and

• (b) at the date of the marriage or entry into the civil union or de facto relationship the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.

(1) A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or entry into a civil union or de facto relationship.

(2) Despite anything to the contrary in subsection (1), on the surviving spouse's or surviving partner's remarriage or entry into a civil union or a de facto relationship while in receipt of a pension under this Part, the Secretary may, in the Secretary's discretion,—

• (a) continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:

• (b) review, at any time, a pension continued under paragraph (a).

(3) In any case to which subsection (2) applies, the Secretary may, in the Secretary's discretion, instead of continuing the pension, pay to the surviving spouse or surviving partner a lump sum gratuity not exceeding 2 years' pension.

(4) For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2) is deemed to be a pension payable to the surviving spouse or surviving partner of a member of the forces.

(1) Despite anything in section 35, if a pension payable to the surviving spouse or the surviving partner of a member of the forces has ceased under that section because of remarriage or entry into a civil union or a de facto relationship, and that remarriage or civil union or de facto relationship has subsequently terminated or irreconcilably broken down within 5 years after the date of remarriage or entry into a civil union or a de facto relationship, the Secretary may, in the Secretary's discretion, reinstate the pension previously payable.

(2) The rate of any pension reinstated under subsection (1) is the appropriate rate specified in Schedule 4 of this Act as if the pension had been granted under section 32.

(1) Except as otherwise expressly provided in this Part of this Act, the rate of the pension payable to or on behalf of each child in respect of the total disablement or death of a member of the forces shall not exceed the appropriate rate specified in Schedule 5 to this Act.

(2) In the case of the partial disablement of a member the rate shall be such lower rate than that payable in respect of total disablement as may in each case be determined by the Secretary, regard being had in every such case to the nature and extent of the disablement.

Notwithstanding anything to the contrary in this Act, the Secretary may, in the Secretary's discretion, refuse to grant a pension to or on behalf of a child of a member of the forces in any case where the parent of the child would, as the surviving spouse or surviving partner of the member, be debarred by section 34 of this Act from obtaining a pension in respect of the member's death.

(1) In determining a claim for a pension under this Part of this Act made by or on behalf of any child of a member of the forces in respect of his total or partial disablement, regard shall be had to the property, income, and general economic circumstances of the member, except in the case of a member who is in receipt of a pension for total blindness.

(2) Except as provided in subsection (1) of this section, no account shall be taken of the income or property of the claimant or of any other person in determining any such claim.

(3) Any pension to which this section applies (not being a pension granted in respect of the total blindness of a member) may be at any time reviewed by the Secretary in the event of any change in the economic circumstances of the member, and, on the review of any pension in accordance with this section, the Secretary may terminate the pension, or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

Notwithstanding anything to the contrary in this Part of this Act,—

• (a) The rate of the pension payable to or on behalf of a child whose parents are dead shall be a rate not exceeding the appropriate rate specified in Schedule 5 to this Act:

• (b) The rate of the pension payable to or on behalf of a child of a deceased member of the forces where the child is not under the control of its parent shall be such rate not exceeding the appropriate rate specified in Schedule 5 to this Act as the Secretary, in the Secretary's discretion, may determine.

Notwithstanding anything to the contrary in this Act, a pension in respect of the disablement or death of any member of the forces shall not be payable to or on behalf of any child of the member for any period for which a pension under this Act is payable to or on behalf of the same child in respect of the disablement or death of any other person.

(1) A pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall commence on such day as the Secretary determines, being not earlier than the first day of the pay period in which the child is born.

(2) Save as provided in this section, a pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall not continue after the end of the pay period in which the child has attained the age of 16 years.

(3) [Repealed]

(4) A pension granted to or on behalf of any child suffering from any mental or physical infirmity may be continued for any period while the infirmity continues.

(5) The Secretary may, for the purpose of assisting in the further education of any child, continue for such period as it thinks fit a pension granted to or on behalf of that child.

(6) Notwithstanding anything to the contrary in the foregoing provisions of this Act, a pension may be granted to or on behalf of any child who has attained the age of 16 years or more at any time when, if a pension had been already granted, it could be continued in force pursuant to the foregoing provisions of this section.

(7) Notwithstanding anything to the contrary in section 85 of this Act, where a child to whom or on whose behalf a pension has been granted under this Act dies, the pension shall continue to the end of the pay period in which the child dies, and the amount (if any) unpaid on the date of the death of the child shall be paid to the person to whom the pension was payable on that date, or, in the discretion of the Secretary, to such other person as the Board thinks fit.

The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating.

(1) In determining the rate of pension payable to any dependant of a member of the forces, other than the spouse or partner, or surviving spouse or surviving partner, or a child of the member, the Secretary shall, to such extent as in any case the Secretary deems proper and equitable, take into account the property and income from all sources of the claimant and any other relevant factors of economic significance.

(2) Any pension to which this section applies may be at any time reviewed by the Secretary in the event of any change in the property or income or general economic circumstances of the dependant, and, on the review of any pension in accordance with this section, the Secretary may terminate the pension or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

Notwithstanding anything to the contrary in this Part of this Act, where, pursuant to Part 3 of this Act, an economic pension is granted to any member of the forces who is in receipt of a pension under this Part of this Act in respect of his partial disablement, the Secretary may, in the Secretary's discretion, increase the rate of the pension payable under this Part of this Act to the spouse or partner or to any child or children of the member to a rate not exceeding the maximum rate of pension that could be granted to the claimant in respect of the total disablement of the member.

Notwithstanding anything in this Act, where any member of the forces has died, whether before or after the commencement of this section, from any cause not attributable to his or her service as a member of the forces, and—

• (a) At the date of his or her death the member was in receipt of a permanent pension under this Part of this Act at a rate not less than 70 percent of the maximum rate of pension that would be payable in respect of his or her total disablement; or

• (b) At the date of his or her death the member was not in receipt of such a pension, but the Secretary is of the opinion that, if he or she had not died, he or she could have been granted a permanent pension at a rate not less than 70 percent of that maximum rate,—

the Secretary may, in the Secretary's discretion, grant a pension to or on behalf of the surviving spouse, surviving partner, or any dependent child or dependent children of the member in all respects as if the death of the member were attributable to his or her service.

(1) All pensions granted to the dependants of a member of the forces in respect of his disablement shall be terminated by the death of the member, but nothing herein shall affect the right of any such dependant to apply for and be granted a pension in accordance with this Act in respect of the death of the member.

(2) Notwithstanding anything to the contrary in subsection (1) of this section, the Secretary may, in the Secretary's discretion, continue for a period, expiring not later than the end of the pay period next after the pay period in which a member of the forces has died, any pension theretofore granted in respect of his disablement to or on behalf of any dependant of the member and current at the date of his death.

(3) If any pension, allowance, or benefit payable out of public money is granted to the dependant, to take effect during the aforesaid period, the amount of any pension paid or approved for payment under this section may, notwithstanding anything to the contrary in any other Act, be taken into account in determining the amount of that other pension, allowance, or benefit to be paid in respect of the same period.

If, for the purpose of undergoing any medical, surgical, or curative treatment, it is necessary, in the opinion of the Secretary, that a partially disabled member of the forces should be obliged to live away from home or be absent from work for one or more days in any week, the Secretary may increase the rates of the pensions payable to that member and his dependants or any of them in respect of the period of that treatment, but so that the total amount payable shall not in any case exceed the amount that would be payable in the case of the total disablement of the member.

(1) The Secretary may, in the Secretary's discretion, grant a pension under this Part of this Act in respect of the death of a member of the forces to any person who satisfies the Secretary that he or she has the control and care of any child or children of that member in respect of whom a pension is payable.

(2) The rate of a pension under this section shall not in any case exceed the maximum rate of pension payable to the spouse or partner of a member of the forces.

(3) A pension under this section shall, unless sooner terminated, cease as soon as the person in receipt thereof has not the control and care of any child of the member in respect of whom a pension is payable.

(1) The Secretary may, in the Secretary's discretion, grant a pension under this Part of this Act in respect of the disablement or death of a member of the forces to any person, not being a dependant of that member within the meaning of this Act, if the claimant for a pension under this section satisfies the Secretary that he has suffered material loss of income or property by reason of the disablement or death of the member and that he has not adequate means of support.

(2) The rate of a pension granted under this section shall not in any case exceed the maximum rate of pension prescribed for the spouse or partner, or surviving spouse or surviving partner, as the case may be, of a member of the same rank or rating.

(1) In determining the rate of pension payable to any claimant for a pension under section 51 or section 52 of this Act, the Secretary shall, to such extent as in any case the Secretary deems proper and equitable, take into account the property and income from all sources of the claimant and any other relevant factors of economic significance.

(2) Any pension to which this section applies may be at any time reviewed by the Secretary and on any such review the Secretary may terminate the pension, or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

(1) Pensions under this Part of this Act shall be payable in respect of a member of the forces who is officially reported as missing in the same manner in all respects as if the member had died in the course of his service on the date on which he was reported missing.

(2) In the event of the member being subsequently reported as dead, the Secretary shall make inquiries as to the cause of death and shall either confirm the payment of the pension or terminate the pension according to whether or not a pension is payable in accordance with the foregoing provisions of this Act.

(3) In the event of the member being subsequently reported as living, all pensions under this section, together with any economic pensions under Part 3 of this Act, shall be terminated and the amount theretofore paid by way of pension to any person may, with the approval of the Minister, be recovered from the accumulated pay of the member or be recovered from the recipient as a debt due to the Crown.

(1) The Secretary, with the approval of the Minister, may grant a pension under this Part of this Act in respect of the disablement or death of any person who, being a bona fide resident of New Zealand at the commencement of his service, served overseas in connection with any war or emergency otherwise than as a member of the forces, and in respect of his service was in receipt of pay from the New Zealand Government.

(2) Pensions under this section shall be payable to persons of the same classes and in the same cases and manner in all respects as if they were pensions payable to members of the forces or their dependants or other persons under the foregoing provisions of this Part of this Act.

(3) No pension shall be granted under this section at a rate in excess of the rate that would be payable in accordance with the foregoing provisions of this Part of this Act in respect of the disablement or death of a member of the forces.

(4) Nothing in this section shall apply in respect of service on or after the date of commencement of section 63 of the Accident Compensation Act 1972.

(1) Subject to the provisions of this section, the Secretary may, in the Secretary's discretion, grant a pension under this Part of this Act in respect of the disablement or death of any person who, being a bona fide resident of New Zealand at the commencement of his service, served in connection with any war or emergency as a member of any forces established in any country of the Commonwealth (other than New Zealand) and whose death is attributable to or whose disablement is attributable to or has been aggravated by that service.

(2) Where any claimant for a pension under this section in respect of the disablement or death of a member of the forces of any country of the Commonwealth (other than New Zealand) is in receipt of a pension from the Government of that country in respect of the member's disablement or death, the Secretary may, in the Secretary's discretion, accept the disablement or death as attributable to the member's service in those forces.

(3) No pension shall be payable under this section to or in respect of a member of any forces while the claimant or pensioner is not actually resident in New Zealand.

(4) No pension shall be granted under this section at such a rate that the aggregate rate of the pensions payable in respect of the disablement or death of the member (including any overseas pension) shall exceed the aggregate rate of the pensions that would have been payable if the member in respect of whose disablement or death the pension is granted had been a member of the New Zealand forces.

(5) The provisions of section 48 of this Act shall apply with respect to the surviving spouse,surviving partner, or a child of a deceased member of any forces to which this section applies as if—

• (a) That member were a member of Her Majesty's forces established in New Zealand; and

• (b) Any pension or part thereof received by that member from the Government of any country of the Commonwealth (other than New Zealand) which in the opinion of the Board is in respect of his permanent disablement were a permanent pension under this Part of this Act.

(1) The Minister may from time to time enter into arrangements with the appropriate authority in any other country providing that the appropriate department of State of that country shall act in that country as agent for the Department for any purpose under this Act, and that the Department shall act in New Zealand as agent for that department of State for any purpose under any analogous Act of that country.

(2) There shall be paid out of the Crown Bank Account, from money appropriated by Parliament for the purpose, all money required to be expended by the Minister or the Department for the purpose of carrying into effect any arrangement entered into pursuant to this section.

(3) Without limiting the power to make regulations conferred by section 96 of this Act, there may be made under that section such regulations as may be necessary to give full effect to the provisions of this section and to any arrangement entered into by the Minister pursuant to this section.

(4) Any regulations made in accordance with subsection (3) of this section may, so far as they relate to any particular arrangement, be made to come into force on the date on which the arrangement was entered into, notwithstanding that that date was before the date of the making of the regulations.

(1) Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the mercantile marine shall be payable under this Part of this Act to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:

• (a) In any case where the disablement or death of the member occurred in the course of his employment or engagement as a member of the mercantile marine, and is directly attributable to the Second World War:

• (b) In any case where the death of the member has occurred after the termination of his employment or engagement as a member of the mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War:

Provided that no pension shall be payable under this Part of this Act in respect of the disablement or death of any member if in respect of the same disablement or of his death any pension is payable under Part 3 or Part 5 of this Act.

(2) Save as expressly provided in this Part of this Act, all the provisions of this Act (except Part 5) shall, as far as they are applicable and with the necessary modifications, apply with respect to pensions and allowances under this Part of this Act as if members of the mercantile marine were members of the forces and, in any case to which section 63 of this Act applies, as if members of the mercantile marine of any other Commonwealth country were members of the forces of that country.

(3) Nothing in this section shall apply to the spouse or partner of a member of the mercantile marine who is in receipt of a pension payable under subsection (1) of this section in respect of any period of employment or engagement with the mercantile marine which commenced on or after the 3rd day of September 1939, unless the member or the wife of the member, as the case may be, is entitled to make an election under section 66L of this Act to receive a war service pension and has not made such an election.

(4) Notwithstanding anything in subsection (3) of this section, if any person is, on the 1st day of April 1971, in receipt of a pension under subsection (1) of this section as the wife of a disabled person, and is not entitled to make an election under section 66L of this Act, the pension may, as long as the person remains otherwise qualified, continue to be paid to that person.

(1) Subject to the provisions of this section, the Secretary may, in the Secretary's discretion, grant a pension or allowance under this Part of this Act in respect of the disablement or death of any person who, being a bona fide resident of New Zealand at the commencement of his employment or engagement, served as a member of the mercantile marine of any country of the Commonwealth (other than New Zealand) in any of the following cases, namely:

• (a) In any case where the disablement or death of the person occurred in the course of his employment or engagement as a member of that mercantile marine, and is directly attributable to the Second World War:

• (b) In any case where the death of the person has occurred after the termination of his employment or engagement as a member of that mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War.

(2) Where any claimant for a pension or allowance under this section in respect of the disablement or death of a member of the mercantile marine of any country of the Commonwealth (other than New Zealand) is in receipt of a pension or allowance from the Government of that country in respect of the member's disablement or death, the Secretary may, in the Secretary's discretion, accept the disablement or death as having occurred in the course of that employment or engagement or, as the case may be, accept the death as being attributable to a disablement which occurred in the course of that employment or engagement.

(3) No pension or allowance shall be payable under this section to or in respect of a member of any mercantile marine while the claimant or pensioner is not actually resident in New Zealand.

(4) No pension or allowance shall be granted under this section at such a rate that the aggregate rate of the pensions and allowances payable in respect of the disablement or death of the member (including any overseas pension or allowance) shall exceed the aggregate rate of the pensions and allowances that would have been payable if the member in respect of whose disablement or death the pension or allowance is granted had been a member of the New Zealand mercantile marine.

(5) Nothing in this section shall apply to the spouse or partner of any person who is in receipt of a pension payable under subsection (1) of this section in respect of any period of employment or engagement with the mercantile marine of any country of the Commonwealth (other than New Zealand) which commenced on or after the 3rd day of September 1939, unless the member or the spouse or partner of the member, as the case may be, is entitled to make an election under section 66L of this Act to receive a war service pension and has not made such an election.

(6) Notwithstanding anything in subsection (5) of this section, if any person is, on the 1st day of April 1971, in receipt of a pension under subsection (1) of this section as the wife of a disabled person, and is not entitled to make an election under section 66L of this Act, the pension may, as long as the person remains otherwise qualified, continue to be paid to that person.

No person shall be entitled to claim any compensation or damages in respect of the disablement or death of any member of the mercantile marine if in respect of that disablement or death he is entitled to claim a pension or allowance under this Part of this Act.

(1) Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the Emergency Reserve Corps shall be payable under this Part of this Act to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:

• (a) In any case where the disablement or death of the member occurred in the course of his service as a member of the Emergency Reserve Corps, and is directly attributable to that service:

• (b) In any case where the death of the member has occurred after the termination of his service as a member of the Emergency Reserve Corps, and is attributable to a disablement which occurred in the course of that service and which is directly attributable to that service:

Provided that no pension shall be payable under this Part of this Act in respect of the disablement or death of any member if in respect of the same disablement or his death any pension is payable under Part 2 or Part 4 of this Act.

(2) Save as expressly provided in this Part of this Act, all the provisions of this Act (except Part 4) shall, as far as they are applicable and with the necessary modifications, apply with respect to pensions and allowances under this Part of this Act as if members of the Emergency Reserve Corps were members of the forces.

(3) Nothing in this section shall apply to the spouse or partner of a member of the Emergency Reserve Corps who is in receipt of a pension under subsection (1) of this section in respect of any period of service with the Emergency Reserve Corps which commenced on or after the 3rd day of September 1939, unless the spouse or partner of the member is entitled to make an election under section 66L of this Act to receive a war service pension and has not made such an election.

(4) Notwithstanding anything in subsection (3) of this section, if the wife of any member of the Emergency Reserve Corps is, on the 1st day of April 1971, in receipt of a pension in respect of his disablement, and is not entitled to make an election under section 66L of this Act, the pension may, so long as she remains otherwise qualified, continue to be paid to the wife.

The Secretary may, in determining the rate of any pension payable in respect of the disablement or death of any member of the Emergency Reserve Corps, take into account any amounts paid or payable to or on behalf of the claimant by any person as compensation or damages in respect of that disablement or death, or may terminate any pension or reduce the rate thereof on account of the receipt of any such compensation or damages.

(1) In this Part and in Schedules 11 to 13, unless the context otherwise requires,-

(2) Unless the context otherwise requires, any word or expression used in this Part or in Schedules 11 to 13, but not defined in this Part, has the same meaning as it has in section 2 of this Act or in section 3(1) of the Social Security Act 1964.

(1) This Part is administered in the Department.

(2) Nothing in the other Parts of this Act or the War Pensions Regulations 1956 applies to this Part or affect the administration of veterans' pensions, except as otherwise expressly provided in this Part.

(3) In the application of any of the provisions of the Social Welfare (Transitional Provisions) Act 1990 or of the Social Security Act 1964 relating to veterans' pensions or the payment of veterans' pensions, references to the chief executive and department must be read, respectively, as references to the Secretary and to the Department.

(4) Nothing in subsection (3) requires the Secretary to issue a separate code of conduct under section 11B of the Social Security Act 1964 for the purposes of the administration of this Part.

(5) If a requirement is made under section 11 of the Social Security Act 1964 relating to a veteran's pension, the code of conduct issued under section 11B of that Act by the chief executive of the department for the time being responsible for administration of that Act applies-

• (a) to the Secretary as if the Secretary were the chief executive of the department; and

• (b) to every officer or employee of the Department engaged in the administration of veterans' pensions as if they were officials or employees of the department.

(1) The Secretary may, either generally or particularly, delegate to the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 any of the Secretary's powers, functions, and discretions under-

• (a) sections 70 to 74B; and

• (b) any other provision in this Part or the Social Security Act 1964 or the Social Welfare (Transitional Provisions) Act 1990 that relates to the payment of veterans' pensions.

(2) The provisions of sections 41 and 42 of the State Sector Act 1988 apply to every delegation made under subsection (1) as if that delegation were made under section 41 of that Act.

(1) Subject to this Part and to the Social Security Act 1964, a person is entitled to receive a veteran's pension if,-

• (a) in any war or emergency in which New Zealand forces have served, that person either—

  • (i) served as a member of the forces, a member of the Mercantile Marine, or a member of the Emergency Reserve Corps; or

  • (ii) served as a member of the forces or as a member of the Mercantile Marine of any Commonwealth country (other than New Zealand) outside that Commonwealth country, and was ordinarily resident in New Zealand at the commencement of that war or emergency; and

• (b) that person either-

  • (i) has attained the age at which he or she is entitled to receive New Zealand superannuation if otherwise qualified to receive it and is qualified to receive a pension under Part 2, Part 4, or Part 5 at a rate of not less than 70% of the maximum rate of pension that would be payable for total disablement; or

  • (ii) because of any mental or physical infirmity is, in the Secretary's opinion, prevented from undertaking employment and, because of that infirmity, is likely to be prevented from undertaking employment permanently or for a substantial period.

(2) If a person is entitled to receive a veteran's pension on account of his or her own service, or would have been entitled to receive it had he or she been alive, the spouse or civil union partner or de facto partner of that person is entitled to receive a veteran's pension in the spouse's or civil union partner's or de facto partner's own right if the spouse or civil union partner or de facto partner has attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.

(3) A person is not entitled to receive a veteran's pension if he or she has at any time been in receipt of New Zealand superannuation unless he or she-

• (a) is qualified to receive a pension under Part 2, Part 4, or Part 5 at a rate of not less than 70% of the maximum rate of pension that would be payable for total disablement; or

• (b) had elected to receive New Zealand superannuation under section 66M (as inserted by section 4 of the War Pensions Amendment Act 1986) and either,-

  • (i) before 1 April 1990, sent a written request to the Secretary to forgo national superannuation paid or payable under the Social Security Act 1964 and to receive instead a war service pension; or

  • (ii) on or after 1 April 1990, sent or sends a written request to the Secretary to forgo New Zealand superannuation and to receive instead a veteran's pension.

(4) In subsection (3), New Zealand superannuation means-

• (a) New Zealand superannuation paid or payable under the New Zealand Superannuation and Retirement Income Act 2001; or

• (b) New Zealand superannuation paid or payable under the Social Welfare (Transitional Provisions) Act 1990 before the commencement of the New Zealand Superannuation and Retirement Income Act 2001; or

• (c) national superannuation or guaranteed retirement income paid or payable, before 1 April 1994, under the Social Welfare (Transitional Provisions) Act 1990; or

• (d) national superannuation paid or payable, before 1 April 1990, under the Social Security Act 1964.

If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of this Part, that question must be referred to and be decided by the Minister (as defined in section 2(1)).

(1) This section applies to a person who-

• (a) is in receipt of a veteran's pension; and

• (b) qualified to receive that pension under either-

  • (i) section 70(1)(b)(ii); or

  • (ii) section 8(1)(b)(ii) of the Social Welfare (Transitional Provisions) Act 1990 (as in force immediately before the commencement of this Part); and

• (c) has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.

(2) A person to whom this section applies will not cease to be entitled to receive a veteran's pension merely because that person, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.

(3) This section applies despite section 70(1)(b)(ii), but is subject to section 74D.

(1) The Secretary, in his or her discretion, may require any applicant for a veteran's pension or any person in receipt of a veteran's pension to submit himself or herself to a medical practitioner nominated by the Secretary for the purpose of a medical examination.

(2) The medical practitioner must certify-

• (a) whether, in his or her opinion, the applicant or person in receipt of a veteran's pension is prevented from undertaking employment as a result of a mental or physical infirmity; and

• (b) the estimated duration of that condition.

(3) The medical practitioner must state the grounds upon which his or her opinion is founded.

(1) A veteran's pension commences on the later of-

• (a) the date on which the applicant became entitled to receive it; or

• (b) the date on which the department received the application for it.

(2) Despite subsection (1), a person's application for a veteran's pension is deemed to have been received on 1 April 1990 if-

• (a) the person applied or applies for the veteran's pension after 6 March 1995; and

• (b) the service qualifying that person for a veteran's pension under section 70(1)(a) was solely with the Japan section of the Second New Zealand Expeditionary Force on or after 14 August 1945 and before 28 April 1952.

(3) Nothing in subsection (2) limits section 70(3).

(1) The rate of a veteran's pension is the appropriate rate specified in Schedule 11.

(2) A person who is married or in a civil union or in a de facto relationship and whose spouse or civil union partner or de facto partner is not entitled to receive a veteran's pension may elect to receive the appropriate rate specified in either clause 1 or clause 2 of that schedule.

(3) However, an election to receive a veteran's pension under clause 2 of Schedule 11 does not take effect until the employment has ceased if-

• (a) that spouse or civil union partner or de facto partner is or was in employment under a contract of service; and

• (b) the combined income of the person who is married or in a civil union or in a de facto relationship and his or her spouse or civil union partner or de facto partner, during that employment, is or was enough to prevent receipt of a veteran's pension under clause 2 of that schedule.

(4) A person who has made an election under subsection (2) may change that election.

On the death of any person who is ordinarily resident in New Zealand on the date of death and who is in receipt of a veteran's pension on that date, or on the death of the spouse or civil union partner or de facto partner of that person, the appropriate amount specified in Schedule 12 is payable to the surviving spouse, surviving civil union partner or surviving de facto partner, or dependent child of the person who died.

(1) Despite section 70(1), every person who, immediately before 1 April 1990, was entitled to receive an economic pension or a wife's pension or a war veteran's allowance or a war service pension is entitled to receive a veteran's pension under this Part.

(2) Subclause (1) is subject to section 70(3).

(1) This section applies to any person—

• (a) who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136 of the Social Security Act 1964); and

• (b) who is in receipt of a veteran's pension, or whose spouse or partner is in receipt of a veteran's pension.

(2) A person to whom this section applies is entitled to receive a veteran's pension at the rate payable to a person who is single—

• (a) stated in clause 1(a) of Schedule 11, if the person has been granted a living alone payment under section 74U; or

• (b) stated in clause 1(b) of Schedule 11, if the person has not been granted a living alone payment under section 74U.

(3) Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person's spouse or partner under Part 4 of the Social Security Act 1964.

(1) In this section,-

(2) Subject to subsection (3), the rates of veterans' pensions specified in clauses 1 and 2(b) of Schedule 11 must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate (after the deduction of standard tax) is the rate at that date (after the deduction of standard tax and before the adjustment under this section is made) adjusted by any percentage movement upwards in the CPI between the CPI for the quarter that ended with 31 December one year before the immediately preceding 31 December and the CPI for the quarter that ended with the immediately preceding 31 December.

(3) Every Order in Council made under subsection (2) must adjust the annual rates of the veterans' pensions so that the weekly amount (before any abatement under section 74D but after the deduction of standard tax) payable to-

• (a) a couple who are married or in a civil union or in a de facto relationship and who are both qualified to receive a veteran's pension is not less than 65% or more than 72.5% of the average ordinary time weekly earnings (males and females combined) as determined by the last Quarterly Employment Survey of wages published by Statistics New Zealand before 1 March in each year (after the deduction of standard tax and the earner levy payable on those earnings):

• (b) a single person who has been granted a living alone payment is 65% of the weekly amount of the veteran's pension (before any abatement under section 74D but after the deduction of standard tax) payable to a couple who are married or in a civil union or in a de facto relationship and who are both qualified to receive a veteran's pension:

• (c) a single person who has not been granted a living alone payment is 60% of the weekly amount of the veteran's pension (before any abatement under section 74D but after the deduction of standard tax) payable to a couple who are married or in a civil union or in a de facto relationship and who are both qualified to receive a veteran's pension.

(4) Every Order in Council made under subsection (2) must adjust the annual rates of the veterans' pensions so that the rate of the veteran's pension specified in clause 2(b) of Schedule 11 preserves its proportional relationship (before any abatement under section 74D or before any calculation is made under Income Test 3, as the case may be, but after the deduction of standard tax) to the rates specified in clause 1 of that schedule.

(5) An adjustment under this section must not reduce the weekly amounts payable under this section.

(6) Section 61H(3) to (6) of the Social Security Act 1964 applies to every Order in Council made under subsection (2) as if that Order in Council were made under that section.

(7) Every Order in Council made under subsection (2) comes into force, or is to be deemed to come into force, on 1 April of the calendar year in which it is made, and applies to veterans' pensions payable on and after that date.

(1) This section applies to any person in receipt of a veteran's pension who has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.

(2) Income Test 3 does not apply to any person to whom this section applies.

(3) If a person to whom this section applies receives a veteran's pension at a rate specified in clause 1 of Schedule 11, the Department must, in calculating the veteran's pension payable, reduce the amount of the pension paid and payable by—

• (a) 30 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $80 per week, but not in excess of $180 per week; and

• (b) 70 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $180 per week.

(4) If a person to whom this section applies receives a veteran's pension at a rate specified in clause 2 of Schedule 11, the Department must, in calculating the veteran's pension payable, reduce the amount of the pension paid and payable by—

• (a) 30 cents for every $1 of the combined income derived by the person and the person's spouse or civil union partner or de facto partner in excess of $80 per week, but not in excess of $180 per week; and

• (b) 70 cents for every $1 of the combined income derived by the person and the person's spouse or civil union partner or de facto partner in excess of $180 per week.

A person is not entitled to a veteran's pension while that person is absent from New Zealand, except as provided in sections 74F to 74M or section 74T or in any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990.

A veteran's pension that would otherwise be payable to a person is payable in respect of the first 26 weeks of any absence from New Zealand if—

• (a) the person's absence does not exceed 30 weeks; or

• (b) the person's absence exceeds 30 weeks and the Secretary is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person's control that he or she could not reasonably have foreseen before departure.

The Secretary may, in the Secretary's discretion, pay a veteran's pension to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her spouse, civil union partner or de facto partner, dependent child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assistance.

(1) The Secretary may pay a veteran's pension to any person who-

• (a) is otherwise entitled to receive it; and

• (b) is absent from New Zealand for a period not exceeding 156 weeks; and

• (c) is engaged, while absent from New Zealand, in fulltime voluntary and unpaid humanitarian work for a recognised aid agency that-

  • (i) has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and

  • (ii) has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.

(2) The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1).

If a person who is absent from New Zealand would have become entitled to a veteran's pension during his or her absence but for section 74E, the person's absence must be regarded as having commenced on the day that he or she would have become entitled to a veteran's pension.

(1) A person who is entitled to receive a veteran's pension and who leaves New Zealand to reside in a country with which New Zealand has no agreement relating to the portability of veterans' pensions is entitled, while residing in that country, to be paid 50% of the gross rate of veteran's pension (excluding any living alone payment) that he or she would be entitled to receive if he or she resided in New Zealand.

(2) However, if a person who is married or in a civil union or in a de facto relationship and whose spouse or civil union or de facto partner partner is not entitled to receive a veteran's pension has made, or is entitled to make, an election under section 74(2), that person who is married or in a civil union or in a de facto relationship is only entitled to be paid, under this section, 50% of the gross rate payable under clause 1(c) of Schedule 11.

(3) The amount of the gross rate must, before the 50% calculation is made, be abated under section 74D if that section applies to the person.

(4) A person is not entitled to receive payment overseas under this section unless,-

• (a) on the date of application for the payment, he or she is ordinarily resident and present in New Zealand and is, on that date, entitled to receive a veteran's pension or will be so entitled before leaving New Zealand; and

• (b) the applicant intends to reside for more than 26 weeks in the overseas country to which the application relates, being a country with which New Zealand has no agreement relating to the portability of veterans' pensions.

(5) Subsection (1) applies despite sections 74(a) and 77 of the Social Security Act 1964, but subject to the provisions of this section and of sections 74K to 74S.

(1) This section applies if a person did not make an application for payment under section 74J while ordinarily resident and present in New Zealand because he or she left New Zealand intending to be absent for 26 weeks or less.

(2) The Secretary may accept an application for payment in accordance with section 74J if satisfied that the absence for more than 26 weeks is or was due to circumstances beyond the applicant's control that could not reasonably have been foreseen before leaving New Zealand.

(3) If the Secretary has accepted an application under subsection (2) and, after the applicant left New Zealand, the applicant has been paid any instalment of a veteran's pension in accordance with sections 74F to 74I, no liability to repay any of those instalments arises merely because the applicant fails to return to New Zealand within the period allowed for by those sections.

(1) The date of commencement of payment overseas of a veteran's pension under section 74J is the first pay day after the date of the applicant's departure from New Zealand.

(2) However, in the case of an application under section 74K, the date of commencement is the first pay day after the date on which the application was received by the Department.

(1) If a veteran's pension is payable overseas in accordance with section 74J and is directly reduced under section 70 of the Social Security Act 1964, the amount payable is 50% of the reduced gross rate that would be payable in New Zealand.

(2) The amount of the reduced gross rate must, before the 50% calculation is made, be abated under section 74D if that section applies to the person.

(3) A person who is receiving a veteran's pension overseas under section 74J is not entitled to receive any supplementary or special benefit, temporary additional support, lump sum payment, or any other assistance under the Social Security Act 1964 or under any welfare programme approved under section 124(1)(d) of that Act.

(4) Despite the provisions of section 80 of the Social Security Act 1964, on the death of a person who receives a veteran's pension overseas under section 74J, the benefit terminates on a date to be determined by the Secretary, being a date not more than 4 weeks after the date of death.

(5) Except as otherwise provided in this section, the provisions of the Social Security Act 1964 (other than sections 75, 75A, and 76) apply to veterans' pensions being paid overseas under section 74J.

(1) In sections 74O to 74S, specified Pacific country means a country or territory-

• (a) that is listed in Schedule 13; and

• (b) that is not a country with which New Zealand has a reciprocal agreement in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990 relating to the portability of the veteran's pension.

(2) The Governor-General may, by Order in Council, amend Schedule 13 by-

• (a) adding the name of any Pacific country or territory; or

• (b) omitting the former name of a country or territory and substituting its new name.

(3) The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.

(4) The Order in Council applies to payments of the veteran's pension under section 74O payable on or after the date on which the order takes effect.

(5) Section 61H(3) to (6) of the Social Security Act 1964 applies to every Order in Council made under subsection (2)(a) as if it had been made under that section.

(1) A person entitled to receive a veteran's pension is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 74P if subsection (2) or subsection (3) applies to the person

(2) This subsection applies to a person-

• (a) who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and

• (b) who is resident and present in New Zealand on the date of his or her application to be paid a veteran's pension in a specified Pacific country; and

• (c) who-

  • (i) is entitled to receive a veteran's pension on the date of the application; or

  • (ii) will be entitled to receive a veteran's pension before leaving New Zealand; and

• (d) who is resident in a specified Pacific country when each payment of the veteran's pension is due to be made to him or her.

(3) This subsection applies to a person-

• (a) who was, immediately before this section came into force, being paid a veteran's pension while resident in a specified Pacific country under section 17BA of the Social Welfare (Transitional Provisions) Act 1990 as it was immediately before that date; and

• (b) who is resident in a specified Pacific country when each payment of the veteran's pension is due to be made to him or her.

(1) The rate of veteran's pension payable under section 74O is, -

• (a) in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:

• (b) in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula:

  a × b

  20

  where—

  • a is the base rate

  • b is the whole number of years the person has resided in New Zealand since turning 20 years:

• (c) in the case of a person who is resident in a specified Pacific country and was, immediately before this section came into force, being paid a veteran's pension under section 17BA of the Social Welfare (Transitional Provisions) Act 1990 as it was immediately before that date, the higher of-

  • (i) the amount he or she was being paid immediately before that date (subject to abatement under section 74D if that section applies to the person); and

  • (ii) the appropriate amount payable under paragraph (a) or paragraph (b).

(2) For the purposes of this section, the base rate is,-

• (a) in the case of a single person, the amount stated in clause (1)(b) of Schedule 11 (subject to abatement under section 74D if that section applies to the person); and

• (b) in the case of a person who is married or in a civil union or in a de facto relationship, the amount stated in clause (1)(c) of that schedule (subject to abatement under section 74D if that section applies to the person).

(3) However, if section 70 of the Social Security Act 1964 applies, that amount must be reduced by the amount deducted in accordance with that section.

(1) The commencement date of payment of a benefit paid under section 74O is,-

• (a) in the case of a person to whom section 74O(2) applies, the first pay day after the date of the person's departure from New Zealand; and

• (b) in the case of a person to whom section 74O(3) applies, the first pay day after the date on which this section comes into force.

(2) When a person being paid a benefit under section 74O dies, the benefit terminates on a date to be determined by the Secretary, being a date not more than 4 weeks after the date of death.

A person being paid a benefit under section 74O is not entitled to receive-

• (a) any supplementary or special benefit, temporary additional support, lump sum payment, payment under a welfare programme approved under section 124(1)(d) of the Social Security Act 1964, or any other assistance under that Act; or

• (b) a living alone payment under section 74U.

(1) Sections 74E to 74M do not apply in respect of a veteran's pension being paid in a specified Pacific country under section 74O.

(2) The Social Security Act 1964, except sections 74(a), 75, 75A, 76, 77, and 80, applies to a veteran's pension being paid in a specified Pacific country under section 74O.

Despite sections 74(a) and 77 of the Social Security Act 1964 and sections 74J to 74M of this Act, if, immediately before 1 April 1990, a person residing outside New Zealand was being paid an economic pension under this Act, the Secretary may pay the full rate, or any lesser percentage of the full rate (being not less than 50%), of a veteran's pension to that person while he or she remains a resident outside New Zealand.

(1) Any single person who receives a veteran's pension and who is living alone in his or her principal place of residence is entitled to receive a living alone payment.

(2) The living alone payment is included in the appropriate rate specified in clause 1(a) of Schedule 11.

(3) A person is considered to be living alone only if he or she-

• (a) occupies a principal place of residence that is referred to in subsection (4); and

• (b) does not share that residence with any person of, or over the age of, 18 years, other than-

  • (i) a dependent child of or over that age; or

  • (ii) a temporary visitor who stays less than 13 weeks in any period of 26 weeks.

(4) The principal places of residence are-

• (a) a house or flat; or

• (b) a boat or craft moored within-

  • (i) the territorial sea of New Zealand or any internal waters of New Zealand, whether or not it is from time to time travelling within that sea or any of those waters; or

  • (ii) any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters, whether or not it is from time to time travelling within any of those waters; or

• (c) a hotel room, motel unit, room in a licensed boarding-house, or unit of accommodation in a caravan park.

(5) In this section, territorial sea of New Zealand and internal waters have the same meanings as in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(1) Every living alone payment commences on the later of-

• (a) the date on which the applicant becomes entitled to receive it; or

• (b) the date on which the application is received.

(2) However, if an application for a living alone payment is made as a result of the death of the spouse or civil union partner or de facto partner of the applicant, the living alone payment commences on-

• (a) the date on which the applicant becomes entitled to receive it if the application is received within 28 days after the date of entitlement; or

• (b) the date on which the application is received if it is received 28 days or more after the date of entitlement.

Every person who, immediately before the commencement of this Part, was entitled to receive a veteran's pension, with or without a living alone payment, under the Social Welfare (Transitional Provisions) Act 1990 is entitled to receive the corresponding entitlements under this Part.

(1) The Governor-General may from time to time, by Order in Council, amend—

• (a) Schedules 1, 2, 4, and 5 to this Act by increasing the rate of any pension or allowance set out in those Schedules:

• (ab)  Schedule 11 and Schedule 12 by increasing the rate of any pension or lump sum payment set out in those provisions:

• (b) Schedule 9 to this Act by increasing any percentage figure set out in that Schedule.

(2) Every Order in Council made under subsection (1) of this section shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to pensions, lump sum payments, and allowances payable in respect of the period commencing on the date from which it is to have effect and ending with the day before the date of its revocation by a subsequent Order in Council. Nothing in this subsection shall authorise any payment to be made before the order is made.

(2A) The Order in Council must, for lump sum payments on death, state that it applies in respect of persons who die on or after the date that is specified in the Order in Council.

(3) Every Order in Council made under this section and laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989 shall expire on the close of the period of 12 months commencing with the date on which it was so laid, except so far as it is expressly validated and confirmed by an Act of Parliament passed before that date.

(4) Every such Order in Council which is laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989, and which has been revoked by a subsequent Order in Council before the close of the 31st day of December in the calendar year following the calendar year during which it was so laid, shall be deemed to be invalid in respect of the period it purported to have effect except so far as it is expressly validated and confirmed in respect of that period by an Act of Parliament passed before that date.

(5) Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.

(6) The validity of any Order in Council made under this section shall not be affected by reason only of the repeal of an Act of Parliament validating and confirming it.

For the purposes of any claim for any pension or allowance under this Act, or of reviewing any pension or allowance already granted, or of determining the rate of any pension or allowance, the Secretary may, in the Secretary's discretion,—

• (a) [Repealed]

• (b) [Repealed]

• (c) regard as a single person any claimant or pensioner who is married or in a civil union and who is living apart from his or her spouse or civil union partner—

and may, in the Secretary's discretion, grant a pension or allowance, refuse to grant a pension or allowance, or terminate, reduce, or increase any pension or allowance already granted, accordingly.

In computing the rate of any pension or allowance under this Act, the Secretary shall take no account of any money received in respect of any military decoration.

(1) Where a claimant for a pension or allowance under this Act, or the spouse or partner of any such claimant, is in receipt of a sick benefit from a friendly society or a like benefit from any other source, the Secretary shall, in computing the rate of any such pension or allowance, take no account of any income up to, in the aggregate, $2 a week received by way of sick benefit from a friendly society or by way of like benefit from a friendly society or by way of like benefit from any other source.

(2) If any question arises as to whether any money received or receivable is of a like nature to a sick benefit payable by a friendly society it shall be determined by the Secretary.

(1) Where a claim for a pension or allowance under this Act is made in respect of the disablement of any person by a claimant who is then in receipt of a pension or allowance granted in New Zealand under this or any other Act in respect of the disablement of the same person, the rate of the pension (if any) that may be granted to the claimant under this Act shall not exceed the difference between the aggregate of the rates of the pensions and allowances that have been already granted to the claimant and the aggregate of the rates of the maximum pensions and allowances that could be granted to the claimant under this Act if all the claims in respect of the disablement of that person had arisen in respect of one occasion only and a pension therefor had been payable in accordance with this Act.

(2) Except as provided in section 80B of this Act, for the purposes of this section, a periodical payment of earnings related compensation under the Accident Compensation Act 1982 shall be deemed not to be a pension or allowance in respect of disablement.

If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of any provision of this Act, that question shall be referred to and be decided by the Minister.

If a person receives or is entitled to receive in respect of himself or his dependants, or if any of his dependants receives or is entitled to receive, compensation under the Accident Compensation Act 1982, the following special provisions shall apply in respect of pensions or allowances under this Act:

• (a) In the case of a pension in respect of disablement or death which occurs while on service during a war or an emergency, or which is attributable to or aggravated by service in a war or emergency, no account shall be taken of any such compensation:

• (b) In the case of any other pension or allowance payable under this Act, the Secretary may, in the Secretary's discretion take into account, in determining the rate of that pension or allowance, the whole or any part of such compensation, having regard to the nature of the compensation and the grounds on which it was authorised.

(1) In this section—

(2) Notwithstanding anything to the contrary in this Act, where any person entitled to receive a pension or allowance under this Act or the spouse or the partner of any such person is for the time being in receipt of an overseas pension, the Secretary may grant the pension or allowance at such rate as the Secretary thinks fit, but so that the aggregate of the rates of that pension or allowance and of the overseas pension (or of so much thereof as is equivalent to the analogous New Zealand pension) shall not, unless the Secretary otherwise determines, exceed the aggregate of the rates of pension or allowance that could be granted if he or she were in receipt of the analogous New Zealand pension.

Where any claimant for a pension or allowance under this Act dies before the completion by the Secretary of the investigation of the claim, the Secretary shall continue the investigation and may grant a pension or allowance as if the claimant had not died, and in any such case the provisions of section 85 of this Act shall apply as if the claimant had been in receipt of the pension or allowance at the time of his death.

Except as may be otherwise provided in this Act, all pensions and allowances granted thereunder shall be payable as from a date to be fixed in that behalf by the Secretary.

(1) Every pension or allowance shall be payable by instalments of such number of weeks' pension or allowance on such day or date of the month as the Secretary from time to time determines:

Provided that where a temporary pension at a fixed weekly rate has been granted by the Secretary in final settlement of a pension claim, the Secretary may authorise or direct the payment of a lump sum instead of periodical instalments.

(2) The amount of a weekly instalment of a pension or allowance that is payable at an annual rate shall be ascertained by dividing the annual rate by 52.

(3) Except as otherwise provided in this Act, every instalment of a pension or allowance shall be paid in such manner and at such place as may be determined from time to time by the Secretary.

(1) On the death of any person in receipt of a pension or allowance under this Act, the pension or allowance shall terminate on the date of death.

(2) Subject to subsection (3) of this section, the amount of any pension or allowance unpaid at the date of death may, in the discretion of the Secretary, be paid to all or any of the following in whole or in such shares as the Secretary determines:

• (a) To or for the benefit of the surviving spouse or surviving partner or any dependent child or dependent children of the deceased, or to any person for the time being caring for and maintaining any such child:

  Provided that if the deceased is survived by a surviving spouse or surviving partner who was living with him at the date of death, or by a dependent child or children, the entire unpaid amount shall be paid to or for the benefit of the surviving spouse or surviving partner or dependent child or children:

• (b) To or for the benefit of any person who, in the Secretary's opinion, has been dependent on the deceased:

• (c) To or for the benefit of any person who, in the Secretary's opinion, has a just entitlement by virtue of having taken care of the pensioner's needs or having provided him with comforts:

• (d) To the estate of the deceased:

• (e) To the War Pensions Medical Research Trust Fund established under section 18I of this Act:

  Provided that any payment to that Trust Fund shall not be made before the expiry of a period of 6 months after the date of death of the deceased.

(3) If an appeal has been made under section 85A of this Act, the unpaid amount shall be held by the Secretary until the appeal has been determined, and shall then be paid in accordance with the decision of the Court.

(1) Any person aggrieved by the decision of the Secretary under section 85 of this Act (other than a decision made under the proviso to section 85(2)(a) of this Act) may, not later than 3 months after the date of the Secretary's decision, appeal against the decision—

• (a) If the amount of money claimed by the appellant is more than $2,000, to the High Court:

• (b) If the amount of money claimed by the appellant is $2,000 or less, to a District Court—

in section 85 of this Act and hereinafter in this section referred to as the Court.

(2) [Repealed]

(3) Every appeal under this section shall be by notice of appeal in writing which shall state the grounds of the appeal.

(4) Subject to rules of Court, every notice of appeal to the High Court shall be lodged with the Registrar of that Court at Wellington.

(5) Either before or immediately after the lodging of the notice of appeal, the appellant shall deliver or send a copy of it to the Secretary.

(6) The Registrar of the Court shall give notice of the time and place fixed for the hearing of the appeal to the appellant and to the Secretary. The Secretary, either personally or by his counsel, shall be entitled to be present and to be heard at the hearing of the appeal.

(7) On hearing the appeal the Court may confirm, modify, or reverse the decision appealed against.

(8) The Registrar of the Court shall transmit to the Secretary a memorandum of the Court's decision.

(9) Every decision of a District Court or High Court under this section shall be final.

(1) Except as provided in this section no pension or allowance under this Act shall be paid in respect of any period during which the claimant or the pensioner is not for the time being in New Zealand.

(2) Pensions, allowances, and gratuities under this Act, other than allowances and gratuities under Part 6 of this Act, may, in the discretion of the Secretary, be granted and paid to any member of the forces or of the mercantile marine or of the Emergency Reserve Corps, or to the father, mother, spouse, civil union partner, or surviving spouse or surviving civil union partner or any child of any such member, notwithstanding that the claimant or the person to whom the pension has been granted, as the case may be, may be out of New Zealand.

(2A) [Repealed]

(2B) [Repealed]

(2C) [Repealed]

(3) Allowances under Part 6 of this Act may, in the discretion of the Secretary, be paid in respect of any period during which the person to whom the allowance has been granted is temporarily absent from New Zealand.

(3A) [Repealed]

(4) For the purposes of this section, persons in respect of whose disablement or death pensions are granted under section 55 of this Act shall be deemed to be members of the forces.

(1) Notwithstanding anything to the contrary in this Act, the Secretary, in the Secretary's discretion, may refuse to grant a pension or allowance, or may terminate any pension or allowance, or may forfeit, in whole or in part, any instalment or instalments of a pension or allowance, in any case where the claimant or pensioner is undergoing imprisonment or any form of detention in a prison.

(2) Where any instalment of a pension or allowance that has been granted to any person is forfeited, in whole or in part, under subsection (1) of this section, there may, in the discretion of the Secretary, be paid to or on behalf of his or her dependants, or any of them, the whole of the amount or such part thereof as the Secretary thinks fit.

Where the Secretary, in determining any claim for a pension or allowance under this Act, is required to take into account the income or property of the claimant or the spouse or partner of the claimant, the Secretary in the Secretary's discretion may refuse to grant a pension or allowance, or may grant a pension or allowance of a reduced amount, in any case where, in the opinion of the Secretary, the claimant for a pension or allowance, or the spouse or partner of the claimant, has directly or indirectly deprived himself or herself of any property or income for the purpose of obtaining the grant of a pension or allowance under this Act or an increased rate of a pension or allowance under this Act.

(1) No pension or allowance under this Act shall be capable of being assigned or charged or of passing to any other person by operation of law:

Provided that nothing herein shall be construed to prevent the Secretary from authorising, with or without the consent of the person to whom the pension or allowance was granted, the payment of the whole or any portion thereof to any other person for the benefit of the person to whom it was granted or for the benefit of the person's spouse or partner or of any dependent child or dependent children.

(2) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $100 who demands or accepts any certificate or any acknowledgment or undertaking that would constitute a legal or equitable assignment of or charge upon any pension or allowance under this Act if the same were capable of being legally assigned or charged.

(1) If any pension or allowance under this Act is granted to any person not entitled thereto or if any instalment of any such pension or allowance is paid to any person not entitled to receive the same or is paid in excess of the proper rate, any amount so paid in error may be recovered at the suit of the Secretary, as a debt due to the Crown by the person to whom it was so paid, or the Secretary may make any necessary adjustments in any instalment or instalments of that or any other pension or allowance thereafter becoming payable.

(2) Notwithstanding anything to the contrary in this section, the Secretary may, in his discretion, authorise the provisional writing-off of a debt which arose as a result of an error not intentionally contributed to by the debtor if the Secretary is satisfied that the person receiving the amount so paid in error did so in good faith and has so altered his position in reliance on the validity of the payment that it would be inequitable in all the circumstances, including his financial circumstances, to require repayment.

Except as may be otherwise provided in this or any other Act, no account shall be taken of any pension or allowance payable under this Act in respect of the disablement or death of any person for the purpose of assessing the amount payable by or to any person, as compensation or damages, in respect of any accident that is or may be the basis of a claim for a pension or allowance under this Act.

Every person commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding $200 or to imprisonment for 12 months who—

• (a) Makes any false statement to or otherwise misleads or attempts to mislead an Appeal Board, the Secretary, a national review officer, or a claims panel, or any other officer or person concerned in the administration of this Act; or

• (b) Whether or not he is a claimant for a pension or allowance under this Act, does not faithfully disclose all particulars properly required to be disclosed by him in relation to any claim; or

• (c) Accepts payment of any instalment of any pension or allowance under this Act to which he is not entitled.

(1) Notwithstanding anything to the contrary in section 14 of the Summary Proceedings Act 1957, an information for any offence against this Act may be laid at any time within 12 months after the facts alleged in the information have been brought to the knowledge of the person by whom the proceedings are instituted.

(2) All proceedings for offences against this Act shall be taken before a District Court Judge.

(1) There shall from time to time be paid out of the Crown Bank Account, from money appropriated by Parliament for the purpose,—

• (a) All money required to be expended in providing pensions and allowances and making other payments under this Act:

• (b) All expenditure incurred in the administration of this Act:

• (c) Any money that may be appropriated by Parliament for the purpose of granting supplementary assistance under any welfare programme approved by the Minister.

(2) Where—

• (a) Pursuant to subsection (1) of this section any payment is made out of the Crown Bank Account to any person by way of supplementary assistance; and

• (b) The payment was obtained by fraud, or the spouse or partner of that person has made any false statement or otherwise misled any officer engaged in the administration of this Act, in relation to his or her income or other personal circumstances, as a result of which the payment was in excess of the amount (if any) that, in the opinion of the Secretary, would otherwise have been paid,—

the provisions of sections 26 and 90 of this Act, as far as they are applicable and with any modifications, shall apply as if the payment was made by way of pension or allowance under this Act and as if the person to whom the payment was made was a person entitled to a pension or allowance of such amount (if any) as, in the opinion of the Secretary, would have been payable but for the fraud or, as the case may be, the false statement or if that officer had not been misled.