New Zealand Legislation: Acts

16 Appeals to War Pensions Appeal Board

• (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.

  (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, 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 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).

  Compare: 1943 No 22 s 13; SR 1945/159 r 31(3)

  Section 16 heading: amended, on 1 April 1989, by section 8 of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(1): amended, on 1 April 1989, by section 8(1)(a) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(1)(b): amended, on 14 November 1973, by section 4(1) of the War Pensions Amendment Act 1973 (1973 No 33).

  Section 16(1)(c): added, on 14 November 1973, by section 4(2) of the War Pensions Amendment Act 1973 (1973 No 33).

  Section 16(2): amended, on 1 April 1989, by section 8(1)(b) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(4) proviso: amended, on 1 April 1989, by section 8(1)(c) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(5): added, on 1 April 1989, by section 8(2) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(6): added, on 1 April 1989, by section 8(2) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 16(6): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).