(1) These regulations may be cited as the War Pensions Regulations 1956.

(2) These regulations shall come into force on 1 February 1956.

(3) These regulations are divided into Parts as follows:

Part 1—Preliminary. (Regulations 1 and 2.)

Part 2—General. (Regulations 3 to 8.)

Part 3—War pensions. (Regulations 9 to 25.)

Part 4—Appeals. (Regulations 26 to 33.)

Part 5—Medical and surgical treatment and other benefits. (Regulations 34 to 39.)

Part 5A—Allowances and annuities for decorations. (Regulations 39A to 39D.)

Part 6—Travelling allowances and other concessions. (Regulations 40 to 44.)

Part 7—Funeral expenses. (Regulation 45.)

Part 8—War bursaries. (Regulations 46 to 54.)

Part 9—Financial assistance for purchase of motor vehicles. (Regulations 54A to 62.)

Part 10—Revocations and savings. (Regulation 63.)

(1) In these regulations, unless the context otherwise requires,—

(2) References in Part 5, Part 6, and Part 9 to a person in receipt of a pension under the Act in respect of his or her own disablement shall be deemed to include a person who in the opinion of the Secretary is disqualified from receiving a pension under section 56 or section 63 of the Act in respect of his or her own disablement by reason only that the pension received by him or her from an overseas Government is not less than the pension that would be payable to him or her under the Act.

(3) References in these regulations to a person in receipt of an economic pension or a war veteran's allowance or a war service pension include a person in receipt of a veteran's pension.

(1) The authority to exercise the powers of a commission under the Commissions of Inquiry Act 1908, conferred on an Appeal Board and the Secretary respectively by section 13 of the Act, shall not be exercised for any purpose that is not directly related to the investigation of claims or to other matters arising under the Act or these regulations.

(2) Without purporting to exercise the powers of a commission of inquiry, an Appeal Board, the Secretary, or any person acting with the authority of an Appeal Board or the Secretary, shall, for the purpose of investigating any claim or for any other purpose in relation to the Act or these regulations, have the right, without payment of any fee, to demand the production of any relevant records, books, or documents in the custody or control of any department of State or of any corporation or other body or person whomsoever, and may make copies of or extracts from any such records, books, or documents:

provided that nothing in this subclause shall apply with respect to returns of land or income made to the Commissioner of Inland Revenue.

(3) It shall be the duty of all officers employed in any government department, or in any bank, insurance company, or other corporation carrying on business in New Zealand, and of all other persons whomsoever, to furnish all such information as they may be reasonably required to furnish to an Appeal Board or the Secretary, or to any other person acting under the authority of subclause (2).

(4) If any person obstructs an Appeal Board or the Secretary or any other person in the exercise of its or his or her powers under this regulation, or refuses or fails to produce any books or documents or to furnish any information required of him or her or furnishes any information that to his or her knowledge is false or misleading in any material respect, he or she shall be guilty of an offence against these regulations and shall be liable accordingly.

(5) [Revoked]

Any declaration that may be required for the purposes of the Act or these regulations may be made before—

• (a) any person authorised to take a statutory declaration; or

• (b) the Secretary, the Deputy Secretary for War Pensions, any member of a Board, any Registrar (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995), any constable, any minister of religion, any member of the New Zealand Institute of Chartered Accountants, any member of the Practising Accountants Association of New Zealand (Incorporated), or any Postmaster, or before any officer of the New Zealand Defence Force or the Post Office approved for the purpose by the Secretary.

(1) It shall be the duty of every Registrar (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) to notify the Secretary in writing of the death of every person whom he or she believes to have been a pensioner under the Act.

(2) It shall be the duty of constables to render such services as may, with the concurrence of the Commissioner of Police, be required by the Secretary in connection with the investigation of any claim or an inquiry under the Act. Prior authority to incur expenditure by any such officer on any occasion must be obtained from the Secretary.

Every person commits an offence and shall be liable on conviction to a fine not exceeding $10 who refuses or fails, without lawful justification or excuse, to comply with any obligation imposed on him or her by these regulations or who commits a breach of any of these regulations.

Fees in respect of the medical examination of claimants for pensions under the Act and of service patients in respect of their treatment in accordance with these regulations shall be payable at the appropriate rates specified in Schedule 2.

(1) All claims for pensions shall be made on appropriate forms to be provided for the purpose by the Secretary.

(2) Claims when completed by the applicant may be delivered or posted to the office of the Department of the district wherein the claimant resides.

On the grant of a pension, the Secretary shall forthwith notify the claimant of the rate of pension payable and the period for which the pension has been granted.

If any claim for a pension is rejected, the Secretary shall forthwith notify the claimant of the rejection of the claim and of the grounds of rejection.

(1) [Revoked]

(2) Every instalment of a pension shall be deemed to accrue from day to day during the period for which it is payable and shall be due on the last day of the period.

(3) Payment of any instalment may be made at any time within or after the expiry of the period for which it is payable, in accordance with any general or specific instructions given by the Secretary:

provided that any instalment which falls due or which will fall due during the absence of the pensioner from New Zealand may be paid in advance on any date or within any period authorised in that behalf by the Secretary.

(1) Subject to the provisions of the Act and these regulations, every pension shall be paid in such manner as the Secretary directs.

(2) A pension order or an order book issued to any person under these regulations shall remain the property of the Department and shall be returned to the Department on demand in writing by the Secretary or any other officer of the Department authorised by the Secretary.

(3) For the purpose of identification, a pensioner shall sign the order book with his or her usual signature:

provided that, where an agent is appointed by the Secretary under regulation 17(2) to receive payment of the pension, the agent shall sign the order book with his or her usual signature.

(4) When receiving payment of an instalment of a pension, the payee shall give a receipt in such manner and form as the Secretary may require. Payment may be refused if—

• (a) the signature on the order does not correspond with the signature on the order book; or

• (b) the signature on the order or the order bears any erasure or alteration or is defaced or mutilated.

(5) Any person who receives a pension order shall acquire no better title to it than that of the person from whom he or she received it.

(6) If the sum mentioned in an order has been received by a person not entitled thereto, the amount may be recovered from that person in any court of competent jurisdiction as a debt due to the Crown, at the suit of the Secretary or the Deputy Secretary for War Pensions.

(7) If a pension order or an order book has been lost, destroyed, or mutilated, the pensioner to whom the order or order book was issued, or his or her duly authorised agent, may apply for a duplicate order or order book. Every such application shall be in writing and the circumstances under which the order or order book became lost, destroyed, or mutilated, shall be declared by the applicant.

If any instalment of a pension is not collected within such time as the Secretary may allow in that behalf, being not more than 1 month after the end of the month in which the authority to collect the instalment is given, the authority to collect the instalment shall lapse and the amount of the pension payable for the period shall be forfeited:

provided that in any case where the Secretary is satisfied that there were good and sufficient reasons for the failure to collect the instalment within the time so allowed, the Secretary or any other officer of the Department authorised by the Secretary may determine that the authority to collect the instalment shall be deemed not to have lapsed, and thereupon the pension payable for the period shall be deemed not to have been forfeited.

(1) If it appears to the Secretary, on application in writing made by or on behalf of any pensioner, that the pensioner, by reason of infirmity or for any other sufficient cause, is unable to collect any instalment or instalments of his or her pension personally or cannot conveniently collect any such instalment or instalments, the Secretary may, in accordance with these regulations, authorise payment of the pension to an agent of the pensioner nominated in that behalf in the application.

(2) The Secretary shall also arrange for payment of the pension to an agent in any case where a direction is given by the Secretary pursuant to the proviso to subsection (1) of section 89 of the Act.

(3) Except as provided in the foregoing provisions of this regulation, no pension or instalment of a pension shall be paid to any person other than the pensioner.

(1) The Secretary may decline to authorise payment of a pension to an agent nominated by or on behalf of a pensioner if, in his or her opinion, the person so nominated is not a suitable person to act as the agent of the pensioner for the purposes of these regulations.

(2) The appointment of an agent under these regulations may be at any time revoked by the Secretary.

(1) Any person in receipt of a pension in respect of his or her own disablement may at any time be required to submit himself or herself for medical examination by a duly qualified medical practitioner nominated by the Secretary. Any such examination may be for the purpose of determining an application for the renewal or variation of a pension, or may be for the purpose of determining the nature of the medical or other treatment that the pensioner may require.

(2) If any person who is required to submit himself or herself for examination in accordance with subclause (1) fails without reasonable excuse to attend for examination at the time and place specified in a notice given to him or her in that behalf, the Secretary may forfeit, in whole or in part, any instalment or instalments becoming payable to the pensioner while his or her default continues.

(3) If the Secretary after inquiry is satisfied with respect to any person who is in receipt of a pension in respect of his or her own disablement that, while undergoing treatment as an inpatient or an outpatient of any hospital or other institution, he or she has wilfully committed a serious breach of the rules of the institution or has wilfully behaved in a manner likely to prejudice his or her recovery, the Secretary may forfeit, in whole or in part, any instalment or instalments of the pension that become payable while the person concerned remains a patient of the institution or that become payable at any time within 1 month after he or she has ceased to be a patient of the institution.

(1) Any pension in respect of which the Secretary is required or is authorised by the Act to take into account the income or property or economic circumstances of the claimant or of any other person may be at any time reduced or terminated by the Secretary if the pensioner or any other person refuses or fails at any time, when so required by the Secretary, to furnish returns or particulars as to any or all of such matters or furnishes any returns or particulars that are found by the Secretary to be false or misleading in any material respect.

(2) Nothing in this regulation shall be construed to affect the power of the Secretary to terminate or reduce the amount of any pension in accordance with the provisions of the Act in that behalf.

(1) The maximum amount of the pension, not being a war veteran's allowance or a war service pension, that may be paid to any pensioner in respect of any period during which he or she is maintained in any public hospital, or in any hospital or other institution under the Mental Health Act 1911, shall be determined by the Secretary.

(2) The residue (if any) of the pension payable in respect of any period as aforesaid may, in accordance with the general or special direction of the Secretary, be paid in whole or in part to the wife of the pensioner or to any other person approved by the Secretary.

(3) On the discharge of the pensioner from the hospital or other institution the residue (if any) of the pension accumulated during the period of his or her maintenance therein shall be paid to or on account of the pensioner in a lump sum or in such instalments as the Secretary may determine.

(4) In the event of the death of the pensioner while he or she is being maintained in any hospital or other institution as aforesaid, any accumulation of his or her pension in accordance with this regulation shall be dealt with in accordance with section 85 of the Act.

(5) In this regulation the term public hospital means a hospital under the control of a district health board established by or under the New Zealand Public Health and Disability Act 2000, not being a maternity hospital or a convalescent home.

Where the rate of the pension payable to any person in respect of the death of a member of the forces or of the mercantile marine is affected by the rank or rating of the member, the rank or rating of the member shall be deemed to be his or her paid rank or rating (whether permanent or temporary) on the date of his or her reported death or the date of his or her being reported “missing”.

(1) If any pension payable to a person is determinable on his or her remarriage or on the commencement by him or her of a new relationship, the Secretary may, at any time before payment of any instalment of the pension, require him or her to make a declaration,—

• (a) in the case of a surviving spouse or surviving partner, that he or she has not remarried or commenced a new relationship:

• (b) in the case of any other person, that he or she is not married or in a relationship.

(2) If a pension is payable to any person on account of, or in respect of, any child, the Secretary may, at any time before payment of any instalment of the pension, require the person claiming payment of the pension to make a declaration to the effect that the child is still alive and is being maintained by the claimant.

Where an allowance is payable to or in respect of the services of an attendant, pursuant to section 29 of the Act, the Secretary may at any time, before payment of any instalment of the allowance, require the attendant to make a declaration to the effect that he or she is in fact engaged as an attendant, and to disclose in the declaration his or her rate of pay and any other relevant terms of his or her engagement or contract of service.

(1) Before granting or renewing an economic pension, or at any time during the currency of an economic pension, the Secretary may require the claimant or pensioner to register for suitable employment with an employment bureau or other agency nominated by the Secretary.

(2) Subclause (1) does not apply to a claimant or pensioner who is the sole surviving parent of a deceased member of the forces or the surviving spouse or surviving partner of a deceased member having the care and control of a child to, or in respect of, whom a pension is payable.

(1) Every appeal to a War Pensions Appeal Board from a decision of the Secretary or a national review officer shall be made on the appropriate form provided for the purpose by the Secretary.

(2) Forms of appeal, when completed by the appellant, may be lodged by delivering or posting them to the office of the Department of the district wherein the applicant ordinarily resides.

(3) The appellant may with his or her appeal furnish such medical certificates or other written evidence in support thereof as he or she thinks fit, and all such certificates or other documents shall, if he or she so requires, be returned to him or her after the hearing of the appeal.

(4) On receipt of any appeal the relevant district office of the Department shall forward it, and all certificates and other documents lodged with the appeal, to the Secretary for submission to an Appeal Board.

(5) The Secretary shall also submit to the Appeal Board all relevant departmental records relating to the appellant or other person in respect of whose death or disablement the decision appealed from was given by the Secretary or a national review officer.

Every Appeal Board shall sit at such times and places as the Secretary from time to time determines.

(1) The appellant shall be given not less than 14 days' notice in writing of the time and place fixed for the hearing of his or her appeal and shall be notified that he or she is required to attend at the time and place so fixed, and that he or she is entitled, at his or her own expense, to call evidence or to produce such certificates or other evidence in support of the appeal as he or she thinks fit.

(2) If the appellant fails to attend at the time and place fixed for the hearing of the appeal and does not within 1 month thereafter furnish to the Secretary a satisfactory explanation of his or her absence, the appeal shall be deemed to have lapsed, but may at any time be revived by the Appeal Board on the application of the appellant, or a new appeal may be lodged by the appellant unless the time allowed by the Act for lodging appeals has expired.

(1) If any material evidence that has not been submitted to the Secretary or a national review officer is submitted by the appellant with his or her appeal or at the hearing of the appeal, the Appeal Board may refer the matter back to the Secretary or a national review officer for further consideration.

(2) If the decision of the Secretary or a national review officer, after consideration of the new evidence, is not in favour of the appellant, the appeal shall proceed. In any other case the appellant may withdraw the appeal or may require that the appeal be proceeded with.

(1) At the hearing of any appeal the Secretary or national review officer may be represented by any person appointed in that behalf by the Secretary.

(2) At any such hearing the appellant may appear in person and, with the consent of the chairperson, but not otherwise, may be represented by counsel or by any other person:

provided that where the Appeal Board is satisfied that the appellant is unable to be present by reason of his or her physical disability or for any other sufficient reason, the appellant shall be entitled to be represented by any person whom the Board deems suitable in the circumstances.

If an appellant dies before his or her appeal has been determined by an Appeal Board, the appeal may be continued and the personal representative of the appellant or any other suitable person may attend before the Appeal Board and may produce or call evidence in support of the appeal.

(1) The decision of the Appeal Board shall be in writing signed by all members of the Board and, if practicable, shall be communicated to the appellant on completion of the hearing.

(2) The written decision of the Appeal Board shall be forwarded to and recorded by the Secretary, who shall cause written notice thereof to be sent to the appellant, whether or not the decision was communicated to the appellant pursuant to subclause (1).

(3) In giving its decision on any appeal the Appeal Board may include any recommendations it thinks fit to make with respect to the medical or other treatment of the appellant, but, except by direction of the Appeal Board, it shall not be necessary for the Secretary to communicate any such recommendations to the appellant.

(1) Medical and surgical treatment (including the provision of surgical and other appliances) and other equipment and benefits shall be available under this Part to or in respect of any person who is in receipt of or is entitled to claim a pension under the Act in respect of his or her own disablement.

(2) Treatment and appliances in accordance with the terms of this Part shall be available only in respect of disablements that are attributable to or have been aggravated by service within the scope of the Act or that in the opinion of the Secretary are incidental to any such disablement or service.

(3) Persons entitled to services or other benefits in accordance with this Part are hereinafter referred to as service patients.

(1) Applications for treatment or otherwise under this Part should be made in the first instance to the office of the Department of the district in which the applicant resides. On receipt of any such application the relevant district office of the Department shall deal with it in accordance with instructions to be issued by the Secretary.

(2) Any such application may be made by or on behalf of the service patient concerned, or may be made by any medical practitioner to whom the service patient has applied for medical treatment or from whom he or she is receiving any such treatment, or by the Medical Superintendent or other medical officer of a hospital in which the service patient is receiving or has received treatment.

(3) Payment in accordance with this regulation shall not be made to any medical practitioner or district health board established by or under the New Zealand Public Health and Disability Act 2000 unless application for treatment has been made to and approved by the Secretary.

(1) Applications in accordance with the foregoing provisions of this Part shall be received in respect of the original issue of appliances and equipment of the classes hereinafter specified and (except in cases where replacement or maintenance is expressly excluded by these regulations) shall also be received for the replacement or repair of any such appliances and equipment that have become worn out or have deteriorated through fair wear and tear or other cause not attributable to the fault of the patient.

(2) All appliances, equipment, and materials supplied in accordance with these regulations remain the property of the Crown and must, on request or by direction of the Secretary, be surrendered when no longer required for the use of the service patient.

(1) A service patient who has lost a limb or part of a limb may be supplied with an artificial limb and a duplicate.

(2) A service patient who has lost part of a leg may, at his or her option, be supplied with 1 peg leg instead of a duplicate artificial limb; and a service patient who has lost part of an arm may, at his or her option, be supplied with a working arm instead of a duplicate artificial limb.

(3) In the case of legs, 1 pair of light boots or shoes, and in the case of arms, 1 pair of gloves, shall be supplied with each issue or replacement of limbs. In addition, the Secretary may at any time in his or her discretion supply a new glove for use with an artificial arm.

(4) One wrench shall be supplied with each artificial leg for the purpose of tightening bolts.

(5) Stump socks shall be issued to service patients who have been supplied with artificial limbs.

(6) One pair of crutches shall be supplied on application to a service patient who has suffered an amputation of a leg or part of a leg.

(1) Surgical boots shall be supplied, replaced, and repaired if and when necessary. Surgical boots shall not be issued in any case where it is considered that adequate relief from the disability complained of would be given by the making of minor alterations or adjustments to ordinary boots (eg, the attachment of a caliper or the raising of one side of the sole). The cost of any such alterations or adjustments may be paid for by the Department.

(2) Where surgical boots are considered to be essential, 3 pairs shall be issued.

(3) Trusses shall, where necessary, be supplied in cases of hernia.

(4) Wheeled chairs shall be supplied to service patients who have suffered amputation of or lost the use of both legs as a result of service, and in any other case where in the opinion of the Secretary the use of a wheeled chair would alleviate the service patient's pensioned disability.

(5) Spinal carriages shall be supplied where considered necessary.

(6) Elastic stockings and bandages (suspensory or other) shall be supplied where considered necessary.

(7) Other aids for relieving or alleviating disabilities (such as knee caps, splints, spectacles, lenses, artificial eyes, and hearing aids, and necessary accessories) shall be supplied where considered necessary or desirable.

(1) Special accommodation may be provided for the use of service patients suffering from pulmonary tuberculosis. That accommodation shall be in the form of a specially constructed tent or a portable hut or of structural alterations or additions to the home in which the service patient permanently resides. In the case of structural alterations or additions to any residence the amount payable by the Secretary shall not exceed in any case the amount specified in paragraph 1 of Schedule 4.

(2) The Secretary shall not be responsible for the maintenance or replacement of portable huts or for the maintenance of structural alterations or additions, but repairs to or replacement of tents may be allowed, having regard to the circumstances of each case, and provided that the necessity for repairs or replacement is due to fair wear and tear or is not attributable to the fault of the patient.

(3) To provide items of furniture for accommodation, a cash grant not exceeding the amount specified in paragraph 2 of Schedule 4 may be made to a service patient, but this shall be deemed to be a final grant. The Secretary shall not be responsible for the maintenance or replacement of articles of furniture.

The awards for gallantry specified in the first column of Schedule 10 are hereby declared to be decorations for the purposes of section 29A of the Act (as inserted by section 2(1) of the War Pensions Amendment Act 1966).

(1) Any member of the forces who, in respect of any period of service which commenced on or after 3 September 1939, has been awarded a decoration and who is receiving a pension under Part 2 of the Act for disablement which occurred during that period while on active service in connection with any war in which the Sovereign was engaged or in connection with any emergency, whether arising out of the obligations of New Zealand under the United Nations Charter or otherwise, or while on active service against any armed force operating against any New Zealand or allied force, may, at the discretion of the Secretary and from such date being not earlier than 1 July 1966 as the Secretary determines, be paid in addition to that pension an allowance at the rate specified in relation to that decoration in the second column of Schedule 10. In determining whether an allowance should be paid under this regulation, the Secretary may take into account any gratuity, grant, or other pecuniary benefit that has been or is being paid in respect of the decoration in question.

(2) No person shall receive an allowance under this regulation in respect of more than 1 decoration or bar thereto.

There shall be paid to every member of the forces who has been awarded the Victoria Cross in respect of any period of service which commenced on or after 3 September 1939 an annuity at the rate specified in Schedule 11. Every such annuity shall be in addition to any allowance which may be payable under regulation 39B.

Where the Government of the United Kingdom has paid or is paying or has agreed to pay a gratuity, annuity, allowance, or addition to pension to any member of the forces in respect of any decoration, that member shall not, while such a payment is being made, be entitled to receive an allowance or annuity in respect of any decoration under this Part.

(1) Any person who is obliged to travel for the purpose of undergoing medical or surgical treatment in accordance with these regulations or to be medically examined in connection with any claim for or the renewal of a pension or for the purpose of any appeal to an Appeal Board against the decision of the Secretary or a national review officer may be provided with a warrant for his or her fares or may be granted a refund of the cost of transit reasonably incurred. Where practicable, public transport facilities should be utilised.

(2) In the discretion of the Secretary, warrants may also be issued for meals and accommodation during the period of necessary absence or a refund may be allowed of actual and reasonable out of pocket expenses for the period of necessary absence.

(3) The Secretary may authorise payment of a reasonable amount by way of compensation for loss of earnings where any person is required to report for medical examination or treatment, or for attendance before an Appeal Board or a claims panel. Where any claim under this subclause relates to wages, it must be accompanied by a certificate from the claimant's employer.

(4) A claim for any item of out of pocket expenses in excess of $1 (other than train fares) must be supported by a receipt furnished by the person to whom payment was made.

(5) No claim for expenses shall be recognised unless it is lodged within 1 month after the date on which the expenses were incurred or within such extended time as the Secretary in any special circumstances may deem reasonable.

(6) Notwithstanding anything in the foregoing provisions of this regulation, a claim for the refund of expenses incurred in respect of an appeal to an Appeal Board may be disallowed if the appeal is dismissed as frivolous by the Appeal Board.

(1) For the purpose of enabling service patients in hospitals to visit their homes, a free railway return ticket may, on the recommendation of the Medical Superintendent of the institution, be granted to such patients as have been receiving medical treatment for not less than 1 month, and thereafter 1 free railway return ticket may be granted every 3 months. If travel by railway is not readily available, a free ticket for travel by any other service operated by the New Zealand Railways Corporation may be issued.

(2) In the event of a service patient in hospital being medically unfit to travel, a free railway return ticket or a free ticket for travel by any other service operated by the New Zealand Railways Corporation may be issued to permit his or her next of kin or other person nominated by the patient to visit him or her in hospital.

In the case of a service patient who is certified by a medical practitioner or by a senior medical officer of a hospital to be unable or unfit to travel alone, the Secretary may authorise him or her to be accompanied by an escort who may be paid the cost of transit incurred, actual and reasonable out of pocket expenses for board and lodging, and compensation for loss of wages, at rates not exceeding the rates applicable for the service patient.

(1) A person who is eligible for, or is granted, a travel concession under regulation 43A may, in respect of a journey described in regulation 43B, claim a refund under regulation 43C for the amount referred to in regulation 43D.

(2) The Secretary must pay the refund, except as provided in regulation 43E.

(1) A person is eligible for a full travel concession if he or she—

• (a) receives a permanent pension in respect of total disablement; or

• (b) receives, and has received continuously for the immediate past 3 years, a temporary pension in respect of total disablement.

(2) A person who is eligible for a full travel concession may, in addition, be granted an escorted travel concession in respect of travel by public transport services if the Secretary is satisfied that the person—

• (a) is totally blind; or

• (b) has suffered the loss of both legs above the knee; or

• (c) receives all or part of the disablement pension in respect of the amputation of all or part of a limb; or

• (d) is otherwise unfit to travel alone.

(3) A person may be granted a partial travel concession if the Secretary is satisfied that the person receives, in respect of a disablement that restricts mobility, a permanent pension at a rate exceeding 50% of the pension payable for total disablements.

(4) A person who wishes to apply to the Secretary for an escorted travel concession or a partial travel concession must do so in writing.

The journeys for which refunds are available to people entitled to, or granted, a travel concession are journeys within New Zealand that—

• (a) are for personal or private purposes, and not for purposes associated with employment or self-employment; and

• (b) are one-way trips of 80 km or more, or return trips of 160 km or more; and

• (c) are taken by—

  • (i) a public transport service (as defined in section 5(1) of the Land Transport Management Act 2003); or

  • (ii) a scheduled air service; or

  • (iii) private vehicle (such as a car, motorbike, or van).

(1) Every claim for a refund by a person entitled to, or granted, a travel concession must—

• (a) be made after the journey is completed but before the end of the calendar month following the month in which the journey was completed; and

• (b) be in writing; and if the Secretary provides a form for the purpose, must be on that form; and

• (c) include the evidence (if any) that the Secretary requires to prove that the journey was undertaken.

(2) Despite subclause (1)(a), the Secretary may accept a late claim if satisfied that there is good reason for the lateness.

(1) The amounts payable to a person entitled to a full travel concession are as follows:

• (a) in respect of travel by a public transport service, a refund of the cost of the ticket:

• (b) in respect of travel by a scheduled air service, the lesser of—

  • (i) the cost of the ticket; or

  • (ii) 27.1 cents per km:

• (c) in respect of travel by private vehicle, 27.1 cents per km.

(2) A person granted an escorted travel concession is entitled, in respect of a journey by a public transport service, to a refund of the cost of—

• (a) his or her own ticket; and

• (b) the ticket of the person (if any) who escorted him or her on the journey.

(3) A person granted a partial travel concession is entitled to half the amount that would be available under a full travel concession.

(4) For the purposes of subclause (1)(b)(ii) and (c), distances are as determined by the Secretary on the following basis:

• (a) in the case of travel by a scheduled air service, the distance between the airports concerned:

• (b) in the case of travel by private vehicle, the shortest road distance between the nearest start and finish localities identified by the Secretary (and not door-to-door).

(1) A person who is entitled to, or granted, a travel concession is not entitled to a refund for a journey if—

• (a) the journey was, or could have been, undertaken at no cost by using a SuperGold card; or

• (b) the person was or is entitled to be reimbursed for the cost of the journey under any other enactment (including under regulation 40, 41, or 42); or

• (c) the journey was made by private vehicle and another person claims a refund under regulation 43C in respect of the same journey.

(2) The Secretary may decline to pay a refund for a journey if—

• (a) the Secretary is not satisfied that the claimant undertook the journey to which the claim relates; or

• (b) the claimant has provided insufficient or inaccurate details about the journey.

Any person who is in receipt of—

• (a) a permanent pension in respect of his or her total disablement; or

• (b) a temporary pension in respect of his or her total disablement and who has been continuously in receipt of that pension during the immediately preceding period of 3 years—

and who in either case—

• (c) is totally blind; or

• (d) receives all or part of his or her disablement pension in respect of the amputation of all or part of a limb; or

• (e) is otherwise unfit to travel alone—

may, at the Secretary's discretion, be granted a travelling allowance or allowances in respect of the combined personal expenses of himself or herself and his or her escort (if any) not exceeding $25.00 a week.

(1) The Secretary may authorise payment of a reasonable amount in respect of the funeral of any person whose death has been accepted by the Secretary as attributable to service.

(2) If a service patient dies in hospital and the relatives desire that the burial should take place in the locality from which he or she was admitted to hospital, the reasonable cost of transport of the body shall be borne by the Department. If the relatives desire the burial to take place elsewhere, the Department shall pay the reasonable cost of transport of the body to the place desired or an amount equivalent to the reasonable cost of transport to the locality from which the deceased was admitted to hospital, whichever is the less.

(3) The Secretary may authorise payment of a reasonable amount in respect of the funeral of any ex-serviceman whose death has not been accepted as attributable to service if—

• (a) the deceased ex-serviceman was, at the time of his or her death, in receipt of an economic pension, a war service pension, a war veteran's allowance, or an invalid's benefit or national superannuation payable under the Social Security Act 1964 if, in the case of national superannuation, the income of the ex-serviceman immediately before his or her death was such that it would not have prevented the payment of an invalid's benefit under that Act; and

• (b) the deceased ex-serviceman leaves a widow, or a dependent child or children, who will, in the opinion of the Secretary, be entitled to a pension in terms of section 48 of the Act.

(1) Subject to the provisions of this Part, war bursaries may be granted to or in respect of children of—

• (a) members of the forces in respect of whose permanent disablement a pension has been granted at a rate of not less than 70% of the rate that would be payable in respect of total disablement;

• (b) members of the forces in receipt of an economic pension under the Act;

• (c) members of the forces in respect of whose death a pension has been granted under the Act;

• (d) veterans who are for the time being in receipt of a war veteran's allowance under the Act;

• (e) any deceased veteran who, at the time of his or her death, was in receipt of a war veteran's allowance under the Act;

• (f) any person who has at any time served in any forces established in any country of the Commonwealth (other than New Zealand) and in respect of whose death or permanent disablement a pension could be granted at a rate of not less than 70% of the rate that would be payable in respect of total disablement if a pension equivalent to the maximum amount payable under the Act had not already been granted by the Government of any country within the Commonwealth;

• (g) servicemen in receipt of a war service pension under the Act; or

• (h) any deceased serviceman who, at the time of his or her death, was in receipt of a war service pension under the Act.

(2) No child of a member or a veteran or a serviceman shall be deemed to be ineligible for a bursary by reason only of his or her adoption by any other person after the death of the member or veteran or serviceman as the case may be.

(3) The reference in paragraph (b) of subclause (1) to members of the forces in receipt of an economic pension under the Act shall be deemed to include any member of the forces who, in the opinion of the Secretary, could have been granted an economic pension if subsection (3) of section 58 of the Act (as added by section 6 of the War Pensions Amendment Act (No 2) 1970) had not been enacted.

Any child who is qualified in accordance with regulation 46 to receive a war bursary may apply for and be granted a war bursary under these regulations if—

• (a) he or she is enrolled as a pupil at a school regarded by the Secretary for the purposes of these regulations as a secondary school and is receiving at the school a full-time course of instruction of a standard higher than the standard prescribed for Form II in the Syllabus of Instruction for Public Schools; or

• (b) he or she is enrolled as a pupil and is receiving instruction at any technical class recognised as such in accordance with the Education Act 1914; or

• (c) he or she is enrolled as a student of any constituent college of the University of New Zealand or of a university college of agriculture:

• (d) he or she is enrolled as a student of a teachers college and has chosen to receive a tertiary bursary under the Tertiary Bursaries Regulations 1976:

provided that the Secretary may in his or her discretion refuse to grant a bursary under these regulations in any case where the student is entitled to a grant for educational purposes under the Rehabilitation Act 1941 or any regulations thereunder.

Applications for war bursaries shall be made on forms provided for the purpose and may be lodged with the office of the Department of the district in which the applicant resides.

Every war bursary under these regulations shall be awarded by the Secretary in his or her discretion.

The rate of any war bursary granted under these regulations shall not exceed—

• (a) in any case where the child is in receipt of a pension under section 40 of the Act and in any case where the father or mother of the child is in receipt of an economic pension or a war veteran's allowance or a war service pension under the Act, the appropriate rate specified in paragraph 1 of Schedule 6:

  provided that the Secretary may, in his or her discretion, grant a bursary under this paragraph in any other case where, in his or her opinion, the cost of educating the child is causing hardship to the parent or guardian of the child:

  provided also that the Secretary may, in his or her discretion, refuse to grant a bursary under this paragraph if, in his or her opinion, the child is in regular employment:

• (b) in any other case where a child is qualified to receive a bursary under these regulations, the appropriate rate specified in paragraph 2 of Schedule 6.

(1) Where any child to whom these regulations apply is a full-time student at a university college there may be paid on behalf of that student tuition fees for a course approved by the Secretary of Education.

(2) All fees under this regulation shall be awarded by the Secretary of Education in his or her discretion.

(1) Allowances payable in respect of war bursaries under these regulations shall be paid in such instalments in arrear or in advance as the Secretary thinks fit.

(2) Every such allowance may in the discretion of the Secretary be paid to the holder of the bursary or his or her parent or guardian or to the controlling authority of the school or the Registrar of the college at which the holder is enrolled or to any other person or organisation for the benefit of the holder of the bursary.

(1) No bursary awarded under these regulations shall be tenable after the end of the school year in which the holder has attained the age of 23 years.

(2) Any bursary awarded under these regulations may be forfeited by the Secretary if the holder fails to attend regularly the classes appropriate to his or her course of study, or if he or she fails to make satisfactory progress therein, or if he or she commits any grave breach of the rules of the school or college or is guilty of any grave misconduct.

(1) If, in the opinion of the Secretary of Education, any student who has been granted a war bursary under the provisions of these regulations is obliged to live away from home for the purpose of pursuing his or her studies, there may, in the discretion of the Secretary of Education, be paid in respect of that student a boarding allowance at a rate not exceeding that specified in the regulations administered by the Ministry of Education governing the payment of boarding allowances in respect of students attending secondary school, university, or a technical institute:

provided that the Secretary of Education may, in his or her discretion, withhold payment of a boarding allowance granted under this regulation in respect of any period during which the student is in regular employment.

(2) Applications for boarding allowances under this regulation shall be made to the Secretary of Education.

In this Part, motor vehicle—

• (a) includes a mobility device as defined in section 2(1) of the Land Transport Act 1998; but

• (b) does not include a vehicle that the Director has declared is not a motor vehicle under section 168A of the Land Transport Act 1998.

This Part shall apply to any person who is in receipt of a pension under the Act in respect of a permanent locomotive disability assessed at not less than 85% of total disablement.

Any person to whom this Part applies may, in the discretion of the Secretary, be granted financial assistance as hereinafter provided towards the cost of a motor vehicle owned by or purchased by him or her for his or her personal transport.

All applications for financial assistance under this Part shall be made on forms provided for the purpose and may be lodged with the office of the Department of the district in which the applicant resides.

(1) All financial assistance provided under these regulations shall be in the form of—

• (a) a loan on the security of the motor vehicle as hereinafter provided; and

• (b) where it is necessary to fit special controls to the motor vehicle to enable the applicant to drive the vehicle, a grant towards the cost of fitting those controls.

(2) In the case of an applicant to whom paragraph 1 of Schedule 8 applies, a loan may be granted under these regulations whenever in the opinion of the Secretary it is necessary for the applicant to purchase a motor vehicle for his or her personal transport.

(3) In the case of an applicant to whom paragraph 2 of Schedule 8 applies, a loan may be granted in respect of the purchase of 1 vehicle only, but if the applicant receives by way of loan less than the appropriate maximum amount specified in that schedule, the balance of that amount may be made available by way of loan on the purchase of another vehicle.

(4) In the case of any applicant, a grant may be made towards the cost of fitting special controls to any motor vehicle (other than one with automatic transmission) purchased by the applicant at any time.

(5) In the case of any applicant who at any time purchases a motor vehicle with automatic transmission, a grant may be made equivalent to the grant that would be made towards the cost of fitting special controls if the motor vehicle did not have automatic transmission.

The value of any assistance granted to any person under this Part shall not exceed—

• (a) in respect of any loan, the appropriate amount specified in Schedule 8:

• (b) in respect of the cost of fitting special controls to a motor vehicle, the reasonable cost of fitting such controls as may be necessary to enable the pensioner to drive the vehicle.

Every applicant who is granted financial assistance by way of a loan shall execute an instrument by way of security over the motor vehicle in favour of the Crown and containing such covenants and stipulations as the Secretary thinks fit:

provided that no interest shall be payable on the loan while in the opinion of the Secretary the grantor of the instrument remains the legal and equitable owner of the vehicle and faithfully carries out all the covenants and stipulations in the instrument:

provided also that on the death of the grantor, or on the sale of the motor vehicle, or at the expiration of the appropriate period set out in Schedule 8 calculated from the date of the execution of the instrument, the Secretary may in his or her discretion waive repayment in whole or in part of the principal money secured by the instrument and deliver to the grantor, or his or her personal representative in the case of his or her death, a memorandum of satisfaction of the instrument signed by the Secretary on behalf of the Crown.

No fees shall be payable under the Chattels Transfer Act 1924 in respect of any instrument by way of security or memorandum of satisfaction executed for the purposes of this Part.

Any notice, notification, demand, direction, or consent pursuant to or arising out of the instrument by way of security shall be sufficient if signed by the Secretary or by any person acting on behalf of and under the express or implied authority of the Secretary and given to the grantor at or posted addressed to the grantor at the usual or last known place of abode or business of the grantor in New Zealand, and if posted shall be deemed to have been received by the grantor in the ordinary course of postal delivery.

(1) The regulations specified in Schedule 9 are hereby revoked.

(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provision so revoked or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and could have been made or done under these regulations, shall continue and have effect as if it had been made or done under the corresponding provision of these regulations and as if that provision had been in force when the document was made or the thing was done.