The purpose of this Act is to provide for—

The purpose of Part 2 is to promote positive veteran and claimant interaction with Veterans’ Affairs New Zealand through the development and operation of a Code of Veterans’ and Other Claimants’ Rights.

This Act comprises 9 Parts.

This Part—

Part 2 provides for a Code of Veterans’ and Other Claimants’ Rights.

Part 3 (Scheme One) provides entitlements to veterans whose injury or illness is caused by, contributed to by, or aggravated by qualifying service before 1 April 1974 and their spouses, partners, children, and dependants. Certain veterans with qualifying service after 1 April 1974 are also included.

The entitlements are—

Part 4 (Scheme Two) provides entitlements to veterans whose injury or illness is caused by, contributed to by, or aggravated by qualifying operational service on or after 1 April 1974 and to their spouses, partners, children, and dependants. Certain veterans with qualifying operational service after 1 April 1974 who are covered by Part 3 (Scheme One) are excluded.

The entitlements are—

Part 5 provides additional entitlements to or in respect of veterans to whom Scheme One or Scheme Two applies.

The entitlements are—

Part 6 provides an entitlement to a veteran’s pension to certain veterans and their spouses and partners who have reached the New Zealand superannuation qualification age.

Part 7 provides for—

Part 8 provides for—

Part 9 provides for a range of miscellaneous matters as follows:

This section—

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

In this Act, unless the context otherwise requires,—

This section defines the different types of service referred to in this Act.

In this Act, unless the context otherwise requires,—

As soon as practicable after a decision is made to deploy members of the Defence Force, the Chief of Defence Force must provide a report to the Minister that assesses the operational and environmental threats posed to the health and well-being of the members.

If further information on the threats posed to the members becomes available or the nature or significance of the threats changes, the Chief of Defence Force must provide a further report to the Minister.

If the Minister is satisfied that the deployment poses a significant risk of harm to the members deployed, the Minister must declare—

The Chief of Defence Force must advise the Minister when the deployment ends or the threats posed to members on which the Minister relied in making a declaration under subsection (3) escalate, abate, or cease.

The Minister may shorten or extend the period specified under subsection (3)(c) if,—

The power under subsection (3) includes the power to make a declaration in respect of a deployment that has ceased, whether the deployment began before or after the commencement of this Act.

In relation to any declaration referred to in subsection (5A),—

The Minister may extend the period specified under subsection (3)(c) in a declaration referred to in subsection (5A) if the Minister is satisfied that the deployment continued to pose a significant risk of harm to members of the deployed force after the expiry of the period.

Subsection (5E) applies in respect of a declaration (a replacement declaration) that—

Before making a replacement declaration, the Minister must be satisfied that support to which any particular person would, at any time (whenever arising), have been entitled under the Act as a result of the earlier declaration or decision will not be reduced as a result of the making of the replacement declaration.

VANZ must publish the making or amending of a declaration—

VANZ is not required to publish the making or amending of a declaration if satisfied that there are reasons of operational or national security not to publish.

For the purposes of this section,—

Every person who performs any function or exercises any power under this Act must do so—

VANZ must keep a veteran or other claimant who makes a claim for an entitlement under this Act up to date on the progress of the claim.

Without limiting subsection (1), VANZ must,—

Notification of a decision must—

VANZ must perform its functions and exercise its powers—

In complying with subsection (1), VANZ must have regard to the following:

Without limiting subsection (1)(b), VANZ must ensure that a decision on a claim for an entitlement under this Act is made as soon as practicable after receiving the claim.

This section sets out the sequential steps to be taken in deciding whether a claim under this Act is accepted.

The first step is to—

If the material is consistent with an hypothesis as specified in subsection (2), the second step is to decide whether there is a statement of principles that applies.

If there is no statement of principles that applies, section 15 applies.

If there is a statement of principles that applies, the third step is to decide whether the hypothesis is consistent with the statement of principles.

If the hypothesis is consistent with the statement of principles, the fourth step is to accept the claim, unless there are reasonable grounds for believing that the veteran’s injury, illness, or death was not service-related.

In this section and section 15, statement of principles means a statement of principles that, under section 22(6) and regulations made under section 265, applies for the purposes of this Act.

This section applies if, under section 14(4), there is no applicable statement of principles.

The person deciding whether to accept the claim must decide whether the claim is consistent with an hypothesis that is reasonable.

If the claim is consistent with an hypothesis that is reasonable, then the claim must be accepted, unless there are reasonable grounds for believing that the veteran’s injury, illness, or death was not service-related.

An hypothesis is reasonable if it is—

The process set out in sections 14 and 15 applies to the extent that it is not modified or overtaken by the presumptions in sections 17 to 21 or the provisions of section 28.

For the purposes of this Act, a person who is medically assessed by the Defence Force to be physically and mentally fit for service in the armed forces is presumed to be physically and mentally fit for service in the armed forces.

The presumption in subsection (1) is conclusive, but—

The presumption in subsection (1) applies subject to any physical or mental condition that—

The presumption in subsection (1) does not apply if—

Section 17(4) does not preclude the production of evidence (whether strictly legal evidence or not) showing that any conditions that resulted in the disablement or death of the person were possibly service-related.

If that evidence is produced, then (in the absence of evidence to the contrary), the person’s condition is to be treated as service-related.

For the purposes of this Act, a veteran who is injured, becomes ill, or dies is presumed to have been injured, become ill, or died as a result of performing qualifying operational service if the injury, illness, or death occurred while the veteran was performing qualifying operational service.

For the purposes of this Act, the aggravation of an injury or illness of a veteran is presumed to be the result of performing qualifying operational service if—

The presumptions in subsections (1) and (2) are conclusive.

This section applies if—

The subsequent loss or impaired efficiency of the corresponding organ is presumed to be service-related.

The presumption in subsection (2) is conclusive.

Regulations may be made under section 265 on the recommendation of the Minister specifying which organs are paired organs for the purposes of this section.

The Minister must not make a recommendation under subsection (4) without first consulting—

Regulations made under section 265 on the recommendation of the Minister may specify injuries, illnesses, and conditions that must be treated as service-related if a veteran has—

The Minister must not make a recommendation under subsection (1) without first consulting—

As soon as practicable after the commencement of this section, VANZ must undertake and complete a review of the statements of principles determined by the Australian Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (Aust).

The purpose of the review is to assess which of the statements of principles should be applied in New Zealand.

In conducting the review, VANZ must consult, and have regard to the views of,—

After completing the review, VANZ must prepare and provide a report to the Minister and the advisory panel.

As soon as practicable after receiving the report and any comments on it from the advisory panel, the Minister must decide which statements of principles should apply in New Zealand.

Regulations may be made under section 265 on the recommendation of the Minister specifying that a statement of principles applies for the purposes of this Act.

Any assessment of a statement of principles or consultation on a statement of principles includes any assessment or consultation begun or completed before the commencement of this section.

As soon as practicable after VANZ becomes aware of a new statement of principles being issued or of a statement of principles being revoked, VANZ must—

As soon as practicable after receiving the report and any comments on it from the advisory panel, the Minister must decide,—

Regulations may be made under section 265 on the recommendation of the Minister,—

As soon as practicable after VANZ becomes aware of a statement of principles that applies in New Zealand being amended, VANZ must—

As soon as practicable after receiving the report and any comments on it by the advisory panel (in the case of an amendment that is not minor), the Minister must decide whether the amendment should apply in New Zealand.

The Minister may, by notice in the Gazette, specify that the amendment applies for the purposes of this Act.

Sections 52 and 56 of the Legislation Act 2012 apply to regulations made under section 22 or 23 and notices in the Gazette under section 24 as if the regulations or notices incorporated material by reference and had been made in reliance on section 49 of that Act.

The production in proceedings of a statement of principles or an amendment of a statement of principles, certified by the Chief of Defence Force as applying in New Zealand, is, in the absence of proof to the contrary, sufficient evidence that the statement of principles or the amendment of the statement of principles applies in New Zealand.

A veteran or other claimant who applies for or receives an entitlement under this Act must, when reasonably required to do so by VANZ,—

A veteran or other claimant who applies for or receives an entitlement under this Act must, when reasonably required by VANZ,—

If VANZ requires the veteran or other claimant to do so, he or she must provide the information referred to in subsection (2)(a) in a form supplied or specified by VANZ.

If a veteran or other claimant fails to comply with a requirement under subsection (1) or (2), VANZ may cease payment of an entitlement to which the requirement relates.

VANZ may cease payment of an entitlement under subsection (4) only if—

Claims to entitlements under this Act are excluded if the injury, illness, or death concerned occurred in any of the following circumstances:

Despite subsection (1), VANZ may provide entitlements that would otherwise be excluded by subsection (1)(a) or (b) if VANZ is satisfied on reasonable grounds that, in the circumstances, the exclusion would be unfair to the veteran (for example, because the desertion or absence without leave was brief or the offence was minor in nature).

Despite subsection (1), VANZ may provide entitlements that would otherwise be excluded by subsection (1)(c) or (d) if VANZ is satisfied on reasonable grounds that—

For the purposes of subsection (1)(a), the finding of a military tribunal (within the meaning of the Armed Forces Discipline Act 1971) that a veteran was a deserter or absent without leave is conclusive proof that the veteran was a deserter or absent without leave.

Claims to entitlements under this Act in relation to injury or illness are excluded to the extent that the injury or illness is due wholly or substantially to the ageing process.

While a veteran is a prisoner in any prison, VANZ—

Entitlements of other claimants are not affected by the imprisonment of the veteran.

While a claimant other than the veteran is a prisoner in any prison, VANZ must not provide, or continue to provide, any entitlements under Part 3, 4, or 5 to the claimant.

In this section,—

VANZ must adjust the following in the manner specified in subsection (2):

Any adjustments required by subsection (1)—

VANZ is not required to adjust any amount under subsection (1) if—

VANZ must adjust the following in the manner specified in subsection (3):

VANZ may adjust in the manner specified in subsection (3) any costs, amounts, or limits on costs that are not required to be adjusted under section 30 or subsection (1) of this section.

Any adjustments under subsection (1) or (2)—

VANZ is not required to adjust any amount under subsection (1) if—

This Part applies to the following persons:

This Part also applies in relation to a veteran’s claim if VANZ has determined under section 84(2) that the claim is to be dealt with under this Part.

This Part also applies to claims made before the commencement of Part 4 (Scheme Two) by the following persons:

The purpose of Scheme One is to provide entitlements to veterans and their spouses, partners, children, and dependants who are eligible under section 38 or 39.

The entitlements are—

Part 5 provides other entitlements that are common to Scheme One and Scheme Two.

Part 1 of Schedule 2 provides additional entitlements in relation to rehabilitation.

In this subpart, unless the context otherwise requires,—

VANZ is responsible for paying or contributing to the travel costs of a veteran in the following situations:

This section applies where VANZ is responsible for paying or contributing to the cost of travel under section 43.

VANZ is also responsible for paying or contributing towards paying the cost of a travel escort for a veteran if a health practitioner certifies, in writing, that the veteran is not fit or able to travel alone.

VANZ is responsible for paying or contributing to the reasonable travel costs of the persons specified in subsection (2) who are visiting a veteran who is in long-term hospital care.

The persons are—

Regulations may be made under section 265 specifying—

A veteran (whether resident in New Zealand or overseas) who suffers disablement as a consequence of a service-related injury or illness is entitled to a disablement pension.

However, a veteran is not entitled to a temporary disablement pension unless he or she—

A veteran becomes entitled to a disablement pension when—

If an application is accepted by VANZ, the veteran’s entitlement to the disablement pension is to be treated as beginning on the day on which VANZ received the application.

A disablement pension is temporary unless VANZ, when notifying a veteran that his or her application for a disablement pension has been accepted, notifies the veteran that his or her disablement pension is permanent.

A disablement pension may be notified as permanent if VANZ, on the basis of medical and other relevant evidence, considers that—

If a disablement pension is temporary, VANZ must advise a veteran that his or her disablement pension is temporary and must state the date by which the veteran’s disablement is to be reassessed. VANZ may, if it considers it appropriate in the circumstances, advise the veteran of a later date by which the veteran’s disablement is to be reassessed.

On or before the date specified under subsection (3), VANZ must reassess the veteran’s disablement to determine whether—

To avoid doubt, a veteran’s temporary disablement pension may be made permanent, even though the veteran is assessed at 0% whole-person impairment and therefore not entitled to a disablement pension, on either or both of the following grounds:

If VANZ makes a determination under subsection (4)(b), it must notify the veteran of a further date by which the veteran’s disablement is to be reassessed.

For the purposes of the reassessment under subsection (6), subsection (4) applies with all necessary modifications as if the reference to the date in subsection (3) were a reference to the date specified under subsection (6).

VANZ may suspend payment of a temporary disablement pension to a veteran if VANZ is unable to complete a reassessment of the veteran’s disablement under section 52 because the veteran has, without reasonable excuse, not complied with any reasonable requirement by VANZ for the purpose of completing the reassessment.

However, VANZ must not suspend payment of a temporary disablement pension under subsection (1) unless it has given the veteran not less than 28 days’ notice in writing that it proposes to suspend payment of the pension.

VANZ must, in consultation with a veteran whose disablement pension is temporary, prepare a treatment and rehabilitation plan for the veteran to follow.

VANZ may, from time to time, reassess the disablement of a veteran who is receiving a permanent disablement pension.

A reassessment under subsection (1) must not be undertaken earlier than 2 years—

However, a reassessment may be undertaken earlier if—

For the purposes of subsection (3), a change in disablement is significant if the change in whole-person impairment is 10% or more.

A veteran who is entitled to a disablement pension may elect to—

A veteran may make an election under subsection (1)—

For the purposes of subsection (1), if VANZ accepts that the veteran may make an election under this section, the 12-month period is to be treated as starting on the day on which VANZ receives the veteran’s election.

Schedule 4 contains a consequential amendment to the Income Tax Act 2007 that exempts a lump sum payment under this section from income tax.

If, during the 12-month period, the rate of payment of the disablement pension is adjusted, the veteran is entitled to an additional lump sum payment equal to the difference between—

If a veteran who receives a lump sum payment under this section is still alive at the close of the 12-month period referred to in subsection (1)(b), the veteran is entitled to the maximum disablement pension on and from the day after the close of that period.

In subsection (2)(b) and section 54, terminal medical condition means an advanced progressive disease likely to cause death within the 12-month period referred to in subsection (1).

A veteran may apply to VANZ to increase his or her disablement pension to the maximum rate.

VANZ may accept the application if the veteran produces evidence to the satisfaction of VANZ that the veteran has a terminal medical condition that is a service-related medical condition.

This section does not prevent a veteran from subsequently making an election under section 53.

When a veteran who is receiving a disablement pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the veteran dies.

This section does not apply in relation to a veteran who has elected to receive a lump sum payment under section 53 and dies during the 12-month period referred to in that section.

The rates of the disablement pension are to be set by regulations made under section 265.

The regulations must set different rates for different levels of whole-person impairment.

VANZ may increase the rate of disablement pension payable to a veteran if—

An increase in the rate of disablement pension under subsection (1)—

Schedule 1 contains transitional provisions relating to veterans who are receiving a war disablement pension under Part 2 of the War Pensions Act 1954 immediately before the commencement of this Part.

A veteran (whether resident in New Zealand or overseas) is entitled to weekly income compensation in accordance with this subpart if the veteran is—

If a veteran is resident overseas, the veteran is responsible for paying the costs of assessing whether the veteran is unable to work full-time.

In this subpart, unable to work means unable to work as a consequence of injury or illness from whatever cause.

A veteran becomes entitled to weekly income compensation when—

If an application is accepted by VANZ, the veteran’s entitlement to weekly income compensation is to be treated as beginning on the day on which VANZ received the application.

Weekly income compensation is payable at the rate that is 80% of the average wage.

Average wage, in subsection (1), means the before tax average ordinary time weekly wage (all sectors, male and female combined) as at 1 April each year, as specified in—

This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly income compensation.

If the veteran has been receiving weekly income compensation for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, the veteran ceases to be entitled to weekly income compensation on the expiry of 10 days after receiving notice of the assessment.

If the veteran has been receiving weekly income compensation for 6 months or more and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, the veteran ceases to be entitled to weekly income compensation on the earlier of—

If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, but VANZ assesses the veteran as able to undertake other full-time employment, then the veteran ceases to be entitled to weekly income compensation on the earlier of—

This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly income compensation.

If the veteran undertakes part-time work, VANZ must reduce the amount of weekly income compensation payable to the veteran to ensure that the total of the veteran’s weekly income compensation and earnings does not exceed the average wage.

In subsection (2), average wage has the same meaning as in section 61(2).

A veteran who has cover under the Accident Compensation Act 2001 is not entitled to weekly income compensation under this subpart and under the Accident Compensation Act 2001.

However, the veteran is entitled to receive from VANZ the difference between the weekly income compensation payable under this subpart and under the Accident Compensation Act 2001.

Subsection (2) applies to a veteran who—

The veteran loses entitlement to weekly income compensation on reaching that age.

Subsection (4) applies to a veteran who first becomes entitled to weekly income compensation—

The veteran is entitled to weekly income compensation for 24 months from the date of entitlement to the compensation.

Nothing in this section entitles a veteran to weekly income compensation if the veteran is not otherwise entitled to it under this Act.

A spouse or partner of a deceased veteran is entitled, in accordance with this section, to a surviving spouse or partner pension at a rate specified in regulations made under section 265.

This section applies if—

This section does not apply if, immediately before the veteran’s death,—

Despite subsection (3), this section applies if the circumstances described in that subsection occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant.

A surviving spouse or partner becomes entitled to a surviving spouse or partner pension when—

If an application is accepted by VANZ, the surviving spouse’s or partner’s entitlement to a surviving spouse or partner pension is to be treated as beginning on—

If the spouse or partner of a deceased veteran enters into a new relationship, the spouse’s or partner’s entitlement to the surviving spouse or partner pension ceases immediately.

However, a spouse or partner who enters into a new relationship may elect to receive—

After an election is made under subsection (2), the entitlement to the option elected is to be treated as having begun on the day after the date on which the pension ceases under subsection (1).

For the purposes of this section, a spouse or partner of a deceased veteran enters into a new relationship when, after the veteran’s death, the spouse or partner—

The spouse or partner of a deceased veteran whose entitlement to the surviving spouse or partner pension has ceased under section 68 is entitled to a reinstatement of his or her entitlement to the pension if the relationship he or she entered into that caused the termination of the pension under section 68 comes to an end within 5 years after the start of the relationship.

When a surviving spouse or partner who is receiving a surviving spouse or partner pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the surviving spouse or partner dies.

Schedule 1 contains transitional provisions relating to spouses and partners of veterans who were receiving a surviving spouse pension under Part 2 of the War Pensions Act 1954 immediately before the commencement of this Part.

Every child who is under 18 years of age and described in subsection (2) is entitled to a children’s pension at the rate specified in regulations made under section 265.

The children are—

If the child suffers from any mental or physical infirmity, VANZ may, in its discretion, extend the entitlement beyond the date on which the child turns 18 years of age for as long as the child continues to suffer from the mental or physical infirmity.

If the child is undertaking full-time study, he or she is entitled to continue to receive the children’s pension until the date on which he or she turns 23.

A child becomes entitled to a children’s pension when—

If an application is accepted by VANZ, the child’s entitlement to the children’s pension is to be treated as beginning on—

When a child who is receiving a children’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the child died.

Schedule 1 contains transitional provisions relating to children of veterans who were receiving a children’s pension under Part 2 of the War Pensions Act 1954 immediately before the commencement of this Part.

A dependant described in subsection (2) is entitled to a dependant’s pension at the rate specified in regulations made under section 265.

The dependants are—

Regulations made under subsection (1) must—

For the purposes of subsection (3)(a), the regulations—

A dependant becomes entitled to a dependant’s pension when—

If an application is accepted by VANZ, the dependant’s entitlement to the dependant’s pension is to be treated as beginning on—

When a dependant who is receiving a dependant’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the dependant dies.

A child who is receiving a children’s pension under section 72(3) or (4) is not entitled to a dependant’s pension.

Schedule 1 contains transitional provisions relating to dependants of veterans who were receiving a dependant’s pension under Part 2 of the War Pensions Act 1954 immediately before the commencement of this Part.

Every child described in subsection (2) is entitled to a children’s bursary if they are undertaking—

The children are—

The entitlement to a children’s bursary ceases at the end of the year in which a child reaches 23 years of age.

The rate of the children’s bursary is to be prescribed in regulations made under section 265, and more than 1 rate may be specified for different circumstances.

In this section, secondary school and tertiary education organisation have the same meanings as in section 10(1) of the Education and Training Act 2020.

Schedule 1 contains transitional provisions relating to children who, before the commencement of this Part, were entitled to a war bursary under the War Pensions Act 1954.

This Part—

Subsection (2) applies to a claim that—

This Part applies to the claim unless VANZ determines that the claim should be dealt with under Part 3.

This Part does not apply to claims that Part 3 applies to under section 39.

The purpose of Scheme Two is to provide entitlements to veterans and other persons who are eligible under section 83 or 84.

The entitlements are—

Part 5 provides other entitlements that are common to Scheme One and Scheme Two.

Parts 2 to 4 of Schedule 2 provide additional entitlements in relation to rehabilitation, weekly compensation, and fatal injuries.

This section specifies the extent to which a veteran has an entitlement under this Part for injury or illness that is related to qualifying operational service.

If a veteran is a member of the Defence Force and has cover under the Accident Compensation Act 2001,—

If a veteran is a member of the Defence Force and does not have cover under the Accident Compensation Act 2001, the Defence Force is responsible for managing the veteran’s claim and VANZ is to provide entitlements in relation to the claim in accordance with this Part.

If a veteran is not a member of the Defence Force and has cover under the Accident Compensation Act 2001, ACC is responsible for managing the claim and providing the entitlements in relation to the claim.

If a veteran is not a member of the Defence Force and does not have cover under the Accident Compensation Act 2001, VANZ is responsible for managing the veteran’s claim and providing the entitlements in relation to the claim in accordance with this Part.

Subsections (1) to (5) apply subject to any agreement or arrangement between the Defence Force, VANZ, and ACC under which VANZ—

For the purposes of this section, the Defence Force, VANZ, and ACC must co-operate with each other to reduce, to the extent reasonably practicable, any duplication of process or requirements for a veteran referred to in subsection (6).

VANZ is responsible for paying the costs of transport reasonably required by the veteran in order to receive treatment that VANZ is responsible for paying or contributing to the cost of.

The extent to which VANZ is responsible for paying the costs of transport under subsection (1) is to be specified in regulations made under section 265.

This subpart applies to the spouse or partner of a veteran if the veteran—

The spouse or partner of a veteran to whom this subpart applies is entitled to be provided with vocational services and vocational assistance in accordance with this subpart and regulations made under section 265.

The purpose of providing vocational services and vocational assistance under subsection (1) is to reduce the financial impact on the veteran’s spouse or partner and any dependants of the veteran of the veteran’s inability to work or undertake vocational rehabilitation or of the veteran’s death (as the case may be).

VANZ must provide the vocational assistance to the spouse or partner for the minimum period necessary to achieve its purpose, but must not provide any vocational assistance for longer than 3 years (which need not be consecutive).

However, VANZ may, at its discretion, provide vocational assistance for longer than 3 years if VANZ considers that the vocational assistance would be appropriate in the circumstances.

VANZ must not take into account as a factor against providing vocational assistance that the spouse or partner is, or may be, a person to whom section 104 applies.

An assessment of a spouse’s or partner’s vocational assistance needs must consist of an initial occupational assessment, undertaken by an occupational assessor, to identify the types of work that may be appropriate for the spouse or partner.

An occupational assessor who is undertaking an initial occupational assessment must—

VANZ must provide to an occupational assessor all the information that VANZ has that is relevant to an initial occupational assessment.

The occupational assessor must prepare and provide to VANZ a report on the occupational assessment that specifies—

VANZ must provide a copy of the report to the spouse or partner.

This subpart applies to a veteran if the veteran—

An independence allowance is payable in relation to permanent impairment if the injury or illness that caused the permanent impairment occurred in the period beginning on 1 April 1974 and ending on the close of 31 March 2002.

An independence allowance is payable at the same rate and for the same levels of impairment as would be payable if a veteran were entitled to the disablement pension under subpart 3 of Part 3.

A veteran may, instead of receiving an independence allowance by way of periodic payments, elect to receive a lump sum payment in accordance with regulations made under section 265.

A lump sum payment must not be more than an amount that is equivalent to 5 years of the independence allowance.

A veteran who has cover under the Accident Compensation Act 2001 is not entitled to an independence allowance under this subpart and an independence allowance under the Accident Compensation Act 2001 in relation to the same impairment.

However, the veteran is entitled to receive from VANZ the difference between the independence allowance payable under this subpart and the independence allowance payable under the Accident Compensation Act 2001.

A lump sum is payable in relation to permanent impairment if the injury or illness that caused the permanent impairment occurred on or after 1 April 2002.

A lump sum comprises—

If the veteran’s degree of impairment is below the level at which lump sums are payable under the Accident Compensation Act 2001, the amount for the purposes of subsection (2) is an amount specified in regulations made under section 265.

The amounts payable under subsections (2)(a)(ii) and (b) and (3) are payable by VANZ.

Schedule 4 contains a consequential amendment to the Income Tax Act 2007 that exempts payments of the independence allowance and of lump sums under this subpart from income tax.

A veteran (whether resident in New Zealand or overseas) is entitled to weekly compensation if the veteran is—

This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly compensation.

If the veteran has been receiving weekly compensation for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, the veteran ceases to be entitled to weekly compensation on the expiry of 10 days after receiving notice of the assessment.

If the veteran has been receiving weekly compensation for 6 months or more and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, the veteran ceases to be entitled to weekly compensation on the earlier of—

If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, but VANZ assesses the veteran as able to undertake other full-time employment, then the veteran ceases to be entitled to weekly compensation on the earlier of—

When a veteran who is receiving weekly compensation dies, the entitlement to the compensation ceases at the end of the 28th day after the date on which the veteran dies.

A veteran who has cover under the Accident Compensation Act 2001 is not entitled to weekly compensation under this subpart and under the Accident Compensation Act 2001.

However, the veteran is entitled to receive from VANZ the difference between the weekly compensation payable under this subpart and under the Accident Compensation Act 2001.

Schedule 4 contains a consequential amendment to the Income Tax Act 2007 that makes payments of weekly compensation under this subpart income for the purposes of that Act.

Subsection (2) applies to a veteran who—

The veteran loses entitlement to weekly compensation on reaching that age.

Subsection (4) applies to a veteran who first becomes entitled to weekly compensation—

The veteran is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.

Nothing in this section entitles a veteran to weekly compensation if the veteran is not otherwise entitled to it under this Act.

This Part applies to veterans to whom Part 3 or 4 applies.

The purpose of this Part is to provide additional entitlements to, or in respect of, veterans to whom Scheme One or Scheme Two applies.

The entitlements are—

VANZ is responsible for paying or contributing towards paying the cost of treatment of a veteran’s injury or illness if the injury or illness is service-related.

In addition, VANZ is responsible for paying or contributing towards paying the cost of treatment in the form of counselling for—

VANZ must pay or contribute under subsection (1A) if VANZ is satisfied that—

However, VANZ is not responsible for paying or contributing to the cost of treatment if—

As soon as practicable after accepting an application for payment or contribution to payment of the costs of treatment under this subpart, VANZ must decide what treatment VANZ will pay for or contribute towards paying for.

In making a decision under subsection (1), VANZ must take into account the following matters: