War Pensions Act 1954 No 54 (as at 01 April 2009), Public Act

Act by section

8 War Pensions Appeal Boards
  • (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), 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), the Chairman of the Appeal Board, 1 medical practitioner appointed under subsection (3), 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    (7) [Repealed]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.

    Compare: 1943 No 22 s 8; 1947 No 60 s 72

    Section 8(2): amended, on 14 November 1973, by section 3(1) of the War Pensions Amendment Act 1973 (1973 No 33).

    Section 8(3): substituted, on 1 April 1989, by section 6(1) of the War Pensions Amendment Act 1988 (1988 No 148).

    Section 8(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 8(5): amended, on 1 April 1989, by section 6(2)(a) of the War Pensions Amendment Act 1988 (1988 No 148).

    Section 8(5): amended, on 14 November 1973, by section 3(3) of the War Pensions Amendment Act 1973 (1973 No 33).

    Section 8(6): added, on 14 November 1973, by section 3(4) of the War Pensions Amendment Act 1973 (1973 No 33).

    Section 8(6): amended, on 1 April 1989, by section 6(2)(b) of the War Pensions Amendment Act 1988 (1988 No 148).

    Section 8(7): repealed, on 15 April 2003, by section 5 of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 8(8): added, on 14 November 1973, by section 3(4) of the War Pensions Amendment Act 1973 (1973 No 33).