Subject to the provisions of this Part of this Act,—

shall, while in New Zealand, be entitled to a pension as hereinafter specified.

No such person shall be entitled to a pension under this Part of this Act unless he fulfils the following conditions, that is to say

Except as hereinafter provided, the amount of the pension shall be twenty-six pounds per year, diminished by—

Provided that no pension shall be diminished in respect both of the net capital value of a property and the actual income derived from that property:

Provided further that no pension shall be granted in excess of the sum allowed by computing the amount thereof either under paragraph (a) or paragraph (b) hereof, whichever provides for the greater deduction.

Where the applicant for a pension (other than an applicant to whom the provisions of paragraph (b) of section seven hereof apply) is a woman whose age is less than sixty-five years, the amount of the pension shall be further diminished by one pound for every year or part of a year by which the age of the applicant is less than sixty-five years.

In addition to the pension hereinbefore prescribed there shall be payable annually to pensioners to whom the provisions of paragraph (b) of section seven hereof apply an additional pension of such amount, not exceeding thirteen pounds per annum, as the Magistrate in his discretion, having regard to the circumstances of the case, from time to time determines.

For the purposes of this Part of this Act all real and personal property owned by any person shall, to the extent of his beneficial interest therein, be deemed to be his accumulated property, except that his interest in any life-assurance policy, or in any annuity or other sum derived from real or personal property in the principal or capital sum of which he has no interest either reversionary or in possession further or other than such annuity or other sum, shall not be deemed to be accumulated property within the meaning of this section.

There shall be deducted—

and the residue then remaining shall be deemed to be the net capital value of all his accumulated property:

Provided that in the case of joint ownership by husband and wife of any property on which they permanently reside, including furniture and other personal effects, no greater deduction shall be allowed in respect of that property than three hundred and forty pounds.

The capital value of property on which an applicant for a pension or for the renewal of a pension permanently resides shall not be deemed to exceed the capital value of that property as appearing on the district valuation roll under the Valuation of Land Act, 1908, at the date of the establishment of the applicant’s original claim.

Where any person who otherwise would be entitled to a pension under this Part of this Act is the owner of the property on which he resides, he may convey or transfer the same to the Public Trustee, who shall deal therewith as directed by the Public Trust Office Act, 1908, the provisions of which Act shall, where applicable, and subject to the provisions of this section, apply to such property.

The property so conveyed or transferred shall not be deemed to form part of the accumulated property of the pensioner for the purposes of this Act.

The Public Trustee shall permit the pensioner to reside on the property rent-free during life, and if the pensioner dies leaving a wife or husband who is also entitled to a pension, the survivor shall be entitled so to reside on the said property for life.

While the pensioner or the survivor aforesaid so resides he shall maintain the premises in good and substantial repair, and shall pay all rates and other assessments payable thereon.

On the death of the pensioner or of the survivor aforesaid, or where from any cause the pensioner is no longer entitled to a pension, the Public Trustee shall sell the property, and out of the proceeds thereof shall (after deducting the commission payable under the Public Trust Office Act, 1908) refund to the Treasury so much of the pension paid to the pensioner since the date of the conveyance or transfer as but for the operation of this section would not have been payable, together with interest thereon at the rate of four per centum per annum, and shall pay the balance (if any) to the person entitled thereto:

Provided that if at any time the pensioner or the survivor aforesaid so desires, the Public Trustee shall, on payment of so much of the pension so paid as aforesaid, with commission and interest as aforesaid, reconvey or transfer the property to the applicant or the said survivor, as the case may be, and thereafter the value of the property shall not be deducted from the capital value of the accumulated property of the pensioner as aforesaid, and his pension shall be adjusted accordingly.

Notwithstanding anything in the last preceding subsection, on the death of the pensioner or of the survivor as aforesaid the Public Trustee shall, on the application of the person who would have been entitled to the said property if it had not been so conveyed or transferred as aforesaid, and on payment by the applicant to the Public Trustee of the amount of the pension so paid in excess of the amount which would have been payable had no such conveyance or transfer been made, and also on payment of the amount of interest and commission as aforesaid, convey or transfer that property to the said applicant.

Upon the receipt of any moneys under the last preceding subsection the Public Trustee shall forthwith pay the same into the Consolidated Fund, with the exception of the amounts received by him by way of commission as aforesaid.

All conveyances and transfers to and by the Public Trustee under this section shall be exempt from stamp duty.

For the purpose of ascertaining whether the claimant for a pension is entitled thereto, and also of fixing the rate of the first year’s pension, his income for the last preceding income-year shall be deemed to be his yearly income, and the property owned by him at the end of that income-year shall be deemed to be his accumulated property:

Provided that if, on application for a pension or for a renewal thereof, it is shown to the satisfaction of the Magistrate that owing to loss of employment or any other cause any part of the applicant’s income, or of the income of the husband or wife of the applicant, for the last preceding income-year which was derived from personal earnings has ceased, the Magistrate may, for the purpose of computing the income of the applicant, deduct from such income, or from the income of the husband or wife of the applicant, all personal earnings not exceeding at the rate of two pounds per week in the aggregate.

For the purpose of fixing the rate of the pension for the second and each subsequent year, the pensioner’s income for the income-year last preceding each such year shall be deemed to be his income for that year, and the property owned by him at the end of that income-year shall be deemed to be his accumulated property.

If the applicant for a pension or the renewal of a pension is married, the following provisions shall apply:—

This section does not apply in cases where husband and wife are living apart pursuant to decree, order, or deed of separation.

When a pensioner becomes an inmate of a mental hospital the amount of his pension shall be paid to the Superintendent of the mental hospital in which the pensioner is an inmate.

The income and property statements required by this Act in order to secure a continuance of pensions shall in the case of any such pensioner be made in the manner and by the persons prescribed by regulations.

Subject to the provisions of this Part of this Act, every widow who at the commencement of any pension-year conforms to the requirements hereinafter set forth shall be entitled to receive during that year a pension at the rate hereinafter provided.

No widow shall be entitled to a pension unless she is resident in New Zealand, and has a child or children to whom this Part of this Act is applicable. For the purposes of this Part of this Act the term “child” includes a step-child or a child legally adopted during the lifetime of the husband of the applicant.

This Part of this Act shall not apply to—

No widow shall be entitled to a pension under this Part of this Act—

A pension under this Part of this Act shall be payable at the following rates, subject to the deductions hereinafter provided:—

Each of the foregoing rates of pension shall be subject to a deduction of one pound for every pound by which the annual income of the widow and her children as aforesaid, after deducting personal earnings to an amount not exceeding one hundred pounds, exceeds the sum of thirty pounds.

If a widow or any of her children to whom this Part of this Act applies is the owner of any property which produces no income, or which produces an income less than five per centum per annum of the value of that property, the widow or child shall for the purposes of this Part of this Act be deemed to be in receipt from that property of an annual income equal to five per centum of the value thereof after deducting the value of any property upon which the widow and her children permanently reside, not exceeding the sum of three hundred and forty pounds, and also the value of any furniture and other personal effects.

In estimating, for the purposes of the last preceding subsection, the value of property upon which a widow and her children permanently reside, the value shall not be deemed to exceed the capital value of that property as appearing on the district valuation roll under the Valuation of Land Act, 1908, at the date of the establishment of the applicant’s original claim.

If a widow or any of her children to whom this Part of this Act applies is in receipt of any income which is partly derived from property and is partly personal earnings in respect of that property, the Magistrate to whom the application for a pension-certificate is made shall apportion that income in such manner as he thinks just between the income derived from such property and such personal earnings.

In case of the death of the pensioner, the guardian or other person for the time being having the care or control of her children to whom this Part of this Act applies shah, with the approval of the Commissioner, be entitled to receive the pension to which the widow would have been entitled in respect of her children if she had lived.

The right to a pension or the amount of a pension shall not be affected during any pension-year by reason merely of the fact that any child of the pensioner has within that year attained the age of fourteen years, or by reason merely of the death of any child of the pensioner.

Subject to the provisions of this Part of this Act, any person who served under the Crown in any of the Maori wars, and has been awarded a medal for active service in any such war, shall, while in New Zealand, be entitled to a pension as hereinafter specified.

No such person shall be entitled to a pension under this Part of this Act unless he fulfils the following conditions, that is to say:—

The amount of a pension under this Part of this Act shall be thirty-six pounds per annum.

Every application for a pension under this Part of this Act shall be made in writing, in the prescribed form, to the Examining Officer of the district in which the applicant resides, and the applicant shall therein affirm by statutory declaration that the contents thereof are true and correct in every material point.

Every such application shall be investigated and determined by the Commissioner, whose decision shall be final and conclusive.

Where an applicant, or the wife or husband of an applicant, for a pension or for the renewal of a pension under Part I hereof is at the date of application entitled to receive from any source periodical payments, by way of personal earnings or otherwise, for his or her own use or benefit, or where an applicant for a pension or for the renewal of a pension under Part II hereof is at the date of application entitled to receive from any source any such payments for her own use or benefit, or for the use or benefit of any of her children to whom the said Part II applies, such moneys shall be included in the computation of the income of the applicant, although no part thereof may have been actually received by the applicant or by the wife or husband of the applicant, as the case may be.

With respect to every pension under this Act the following provisions shall apply:—

Pension payable monthly.

Every person claiming to be entitled to a pension under Part I or Part II of this Act shall, in the prescribed manner and form, deliver a claim therefor (elsewhere throughout this Act called a “pension-claim”) to the Registrar of the district wherein the claimant resides.

The pension-claim shall affirm all the requirements and negative all the disqualifications under this Act.

Every claimant shall, by statutory declaration, affirm that the contents of his pension-claim are true and correct in every material point.

The Registrar shall, in the prescribed manner, transmit the claim to a Magistrate exercising jurisdiction in the district.

The Registrar shall thereupon ascertain on what date the claim may be investigated, and shall notify the claimant of a date on which he may attend to support his claim.

The Magistrate shall on the date so fixed, or on the first convenient day thereafter, proceed in Chambers to fully investigate the claim for the purpose of ascertaining whether the claimant is entitled to a pension, and, if so, for what amount in respect of the first year.

The Registrar, or some person appointed by him, shall have the right to appear at the hearing and to examine or cross-examine the applicant and the witnesses.

The hearing may from time to time be adjourned by the Magistrate at the request of the Registrar.

Where the Magistrate is satisfied that the documentary evidence in support of the claim is sufficient to establish it, and also that by reason of physical disability or other sufficient cause the attendance of the applicant should be dispensed with, he shall not require the personal attendance of the applicant, who shall be notified accordingly.

For the purposes of such investigation all the powers under the Magistrates’ Courts Act, 1908, shall be available for the purpose of compelling the attendance of witnesses, and every witness shall be examined on oath.

It shall be the duty of every person to make true answers to all questions concerning any applicant for a pension, or any of the statements contained in any application for a pension, put to him by the Registrar or any officer authorized in that behalf by the Registrar.

Every person commits an offence who—

This section shall apply to any officer of any bank or other corporation carrying on business in New Zealand, and to any officer of the Post Office Savings-bank or of any other Government Department which receives investments of money from the public.

No pension-claim shall be admitted unless the evidence of the claimant is corroborated on all material points, except that in respect of the age of the claimant the Magistrate, if otherwise satisfied, may dispense with corroborative evidence.

The Magistrate may admit the pension-claim as originally made, or as modified by the result of his investigations, or may postpone it for further evidence, or reject it, as he deems equitable; and his decision shall be notified to the claimant by the Registrar.

If the Magistrate is of opinion that, although the claim is not completely established, further evidence may be adduced in support thereof, or it may be mended by lapse of time, he shall postpone the claim if the claimant so desires, and in such case all matters as to which the Magistrate is satisfied shall be recorded as proved:

Provided that this shall not be a bar to further evidence being adduced in respect of the matter recorded as proved.

If the Magistrate decides that the pension-claim is not established, and cannot be mended by postponement for a reasonable time, he shall reject it, and when doing so shall specify in writing all the material points which he finds to be respectively proved, disproved, unproved, or insufficiently proved.

If the Magistrate is of opinion that any fraudulent misrepresentation has been made by the applicant for a pension with the intention of obtaining a pension to which he was not by law entitled, or a higher rate of pension than that to which he was by law entitled, then, in addition to any penalty incurred under this Act by the applicant, the Magistrate shall refuse the application, and may by order declare that the applicant shall not be entitled to make a fresh application for such period, not exceeding twelve months, as the Magistrate thinks fit.

If the Magistrate finds that any real or personal property has been transferred to any other person by the applicant, or by the wife or husband of the applicant, he may inquire into such transfer, and refuse the application or grant a reduced pension. A disposition by will of any real or personal property shall be deemed to be a transfer of such property for the purposes of this section.

In investigating any claim for a pension, the Magistrate shall not be bound by the strict rules of evidence, but shall investigate and determine the matter by such means and in such manner as in equity and good conscience he thinks fit.

In disposing of material points against the claimant, the Magistrate shall distinguish between what he finds to be disproved and what he finds to be simply unproved or insufficiently proved.

In respect of what is found to be disproved, the Magistrate’s decision shall be final and conclusive for all purposes.

In respect of what is found to be simply unproved or insufficiently proved, the claimant may at any time thereafter adduce fresh evidence on those points before the Magistrate, and in such case all material points previously found by the Magistrate to be proved shall be deemed to be established, and he shall dispose of all other points as in the case of a new pension-claim.

The pension-claim may be amended from time to time on any point which has not been finally disposed of.

As soon as the pension-claim is established, and the rate of the first year’s pension is fixed by the Magistrate, he shall, in the prescribed manner, certify the same to the Commissioner, who shall, in the prescribed manner and form, issue to the claimant a certificate (elsewhere throughout this Act called a “pension-certificate”) in respect of the first year’s pension.

In respect of the pension for each year after the first, a fresh pension-certificate shall be issued as hereinafter provided.

For the purpose of ascertaining in respect of the second and each subsequent year, computed from the date of the commencement of the pension, whether a pensioner under Part I or Part II hereof is entitled to any payment in respect of his pension for such year, and, if so, for what amount, the following provisions shall apply:—

Issue of pension-certificate for year.

Each monthly instalment of the pension shall be payable at the post-office money-order office named in the pension-certificate.

On application in the prescribed manner, the name of such office may be changed from time to time, and every change of office shall be recorded by the Registrar on the pension-certificate and in the District Pension Register.

Subject to the provisions of this Act, each monthly instalment shall be payable at any time within one month after its due date on the personal application of the pensioner and the production of his pension-certificate to the Postmaster of the post-office money-order office named therein:

Provided that the Minister may at any time further extend such period in any case where the provisions of this section are not strictly complied with owing to the pensioner’s illness or temporary absence from home (but not from New Zealand), or other sufficient cause, and notwithstanding that such period has then elapsed or that the instalment has then been paid.

The Minister may from time to time, as he thinks fit, by writing under his hand, delegate to the Commissioner all powers vested in him by this section.

In default of strict compliance with all the provisions of this section, and subject to any extension of time as therein mentioned, such instalment shall be deemed to be forfeited.

It shall not be lawful for the governing body of any charitable institution to refuse to admit any person as an inmate of such charitable institution or to refuse to grant him relief on the ground only that he is a pensioner under this Act.

The following provisions shall apply in every case where a pensioner under Part I or Part III hereof is for the time being maintained in any charitable institution or receives relief therefrom:—

Subject to regulations, and on production to the Postmaster of a warrant in the prescribed form, signed by the Commissioner, the instalments may be paid to any clergyman, Justice, or other reputable person named in the warrant for the benefit of the pensioner.

Such warrant may be issued by the Commissioner whenever he is satisfied that it is expedient so to do, having regard to the age, infirmity, or improvidence of the pensioner, or any other special circumstances.

Every instalment shall be absolutely forfeited—

With respect to the payment of instalments of pension by the Postmaster the following provisions shall apply:—

If at any time the Commissioner has reason to believe that any pension-certificate has been improperly obtained, he shall cause special inquiry to be made before the Magistrate, and shall give notice to the Postmaster through whom the instalments are payable to suspend payment of any instalments pending the inquiry, and payment of such instalments shall be suspended accordingly.

If on inquiry it appears that the pension-certificate was improperly obtained, it shall be cancelled by the Magistrate; but if it appears that the certificate was properly obtained, the suspended instalments shall be payable in due course.

Such inquiry shall be made in the prescribed manner.

Irrespective of any such inquiry, the Magistrate may at any time himself review any pension-certificate, and may either cancel the same, or vary the same, whether by increasing or diminishing the amount of the pension or otherwise, in such manner as he thinks fit, having regard to the provisions of this Act.

Where it is found that any pension or instalment of a pension has been paid in excess of the amount to which the pensioner was by law entitled, the amount so paid in excess (whether paid before or after the coming into operation of this Act) may be recovered by the Commissioner as a debt due to the Crown, and if in the opinion of the Magistrate such excess was obtained by fraud, then the pensioner shall, in lieu of or in addition to any penalty to which he is liable under section fifty-six hereof, be liable, at the discretion of the Magistrate, to a fine not exceeding double the amount so paid in excess.

If at any time during the currency of a pension the pensioner, or the wife or husband of a pensioner, becomes possessed of any property or income in excess of what is allowed by law in respect of the amount of pension granted, the Registrar may apply to the Magistrate, who may on inquiry either confirm or cancel the pension, or vary the amount thereof:

Provided that should the excess of property or income as mentioned in this section cease, the pension shall be immediately restored to the original amount.

On the death of a pensioner under Part I or Part III hereof the instalment then accruing but not actually accrued due shall be apportioned up to the date of the death, and the apportioned amount, together with the previous instalment (if any) then payable but not actually paid, shall, without further appropriation than this Act, be paid to such person as the Minister directs, and shall be applied in or towards defraying the burial expenses of the deceased pensioner:

Provided that if on the death of the pensioner any money is owing to a charitable institution in respect of his maintenance or relief, the Minister may, if he thinks fit, direct that the said apportioned amount and previous instalments, or any part thereof, shall be paid to the said institution in satisfaction or on account of the money so owing.

This section shall not apply to any instalment which at the date of the death had become absolutely forfeited.

The Minister may from time to time, as he thinks fit, by writing under his hand, delegate to the Commissioner all powers vested in him by this section.

If on the death of any pensioner, or of the wife or husband of any pensioner, it is found that he, or either of them, was possessed of property in excess of what is allowed by law in respect of the amount of the pension granted, double the amount of pension at any time paid in excess of that to which the pensioner was by law entitled may be recovered as a debt due to the Crown from the estate so found in excess:

Provided that where the husband and wife were at the time of such death living apart pursuant to decree, order, or deed of separation this section shall only apply in the case of the pensioner.

Every person is liable to a fine not exceeding fifty pounds, or to imprisonment for not more than three months with or without hard labour—

Where any person is convicted of an offence under this section the Magistrate shall cancel the pension-certificate in respect to the issue of which the offence was committed.

If any pensioner under this Act is convicted of drunkenness or of any offence punishable by imprisonment for one month or any longer period and dishonouring him in the public estimation, or if he misspends, wastes, or lessens his estate, or greatly injures his health, or endangers or interrupts the peace and happiness of his family, the Commissioner may direct that the instalments of his pension be paid to any clergyman, Justice of the Peace, or other-reputable person, or may suspend the pension-certificate for such period as he deems fit.

In any case where a pension-certificate is cancelled, the pension shall be deemed to be absolutely forfeited.

In every such case the person whose pension is so forfeited is disqualified to make any application for a new pension until the expiration of twelve months from the date of the forfeiture.

Every application made by any such person for a new pension shall be subject in all respects to the same provisions as if no former pension had been granted to that person.

This section shall extend and apply to all persons whose pensions have been forfeited before the passing of this Act.

So long as an order is in force suspending a pension-certificate all instalments which would otherwise become due and payable during that period shall be forfeited.

If any period of suspension is such as to extend beyond the expiration of the year in which the order of suspension is made, the order shall apply so far as regards the residue of that period to any pension-certificate issued for the next succeeding year.

In every case in which a pension-certificate is suspended or cancelled, the Magistrate so suspending or cancelling the same shall forthwith send to the Commissioner a notice under the hand of the Magistrate setting forth the terms of the order so made by him and the grounds thereof.

Every person commits an offence who receives any money in consideration of or in respect of the procuring of any pension or pension-certificate, and in the case of any licensed Maori interpreter so committing an offence his license as such interpreter shall be cancelled.

Every person who commits an offence under this Act for which no penalty is elsewhere provided is liable to a fine not exceeding ten pounds.

All proceedings under this Act, whether in respect of an offence heretofore or hereafter committed, or of moneys recoverable under section fifty-two or section fifty-five hereof, shall be taken before a Magistrate alone, and may be so taken at any time not exceeding six months from the time when the facts first came to the knowledge of the Commissioner.

In all such proceedings the Registrar, or other person appointed by the Commissioner, may appear on behalf of the Commissioner, and the fact that any person so appears shall be sufficient evidence of his authority so to do.

Notwithstanding anything in the foregoing provisions of this Act, a person who is in receipt of a pension under any Part thereof shall not be entitled to receive a pension under any other Part thereof.

A pension under this Act shall be inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise howsoever.

Every statutory declaration required by this Act, or adduced in proof of any particular required to be proved on the investigation of any claim or income and property statement, may be made before any Justice, solicitor, constable, Registrar, or Clerk of Court, or Postmaster, or the Commissioner.

No stamp duty shall be payable on any statutory declaration, receipt, or other document made or given for the purposes of this Act.

The Minister shall from time to time, without further appropriation than this Act, pay out of the Consolidated Fund into the Post Office Account, by way of imprest, whatever moneys are necessary in order to enable the instalments of pensions granted under this Act to be paid out of such account, and the Postmaster-General shall thereupon pay such instalments accordingly.

All expenses incurred in administering this Act (other than the payment of pensions) shall be payable out of moneys to be from time to time appropriated by Parliament.

The Minister shall, within thirty days after the close of each financial year ending the thirty-first day of March, prepare and lay before Parliament if sitting, or if not sitting, then within fourteen days after the commencement of the next session, a statement showing for such year—

This Act, in so far as it provides for the grant of pensions, shall not apply—

Subject to the provisions of paragraph (a) of the last preceding subsection, this Act applies to aboriginal Maoris of New Zealand:

Provided that on the investigation of any such Maori’s pension-claim for an old-age pension his evidence as to his age shall be required to be corroborated to the satisfaction of the Magistrate.

In determining the claim of any aboriginal Maori to a pension under Part I or Part II hereof, in so far as the same may be affected by rights or property held or enjoyed otherwise than under defined legal title, the Magistrate shall be guided by the following rules:—

Every pension granted under this Act shall be deemed to be granted and shall be held subject to the provisions of any amending or repealing Act that may hereafter be passed, and no pensioner under this Act shall have any claim for compensation or otherwise by reason of his pension being affected by any such amending or repealing Act.

A notification of the last preceding subsection shall be printed on every pension-certificate.

The Governor in Council may from time to time make regulations under this Act relating to any of the following purposes or matters:—

Such regulations shall be laid on the table of the House of Representatives within ten days after the commencement of each session, and referred to such sessional Committee for report as the House directs.

The Acts mentioned in the Schedule hereto are hereby repealed.

The districts into which New Zealand was on the commencement of this Act divided for the purposes of the repealed enactments shall be deemed to have been constituted under this Act.

The Commissioner appointed under the Old-age Pensions Act, 1908, shall be deemed to have been appointed Commissioner of Pensions under this Act.

All appointments of officers made under the repealed Acts and in force on the commencement of this Act shall be deemed to have been made under this Act.

Every pension existing on the commencement of this Act shall be deemed to have been granted under this Act; and all applications, investigations, and proceedings pending under any Act hereby repealed may be dealt with and completed under the corresponding provisions of this Act.