(1) The purpose of this Act is to provide for—

• (a) the rehabilitation of and support for veterans who, as a result of being placed in harm's way in the service of New Zealand, have been injured or become ill; and

• (b) entitlements for eligible veterans who suffer service-related injuries or illnesses; and

• (c) entitlements for eligible spouses, partners, and dependants of severely impaired or deceased veterans.

(2) 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.

(1) This Act comprises 9 Parts.

(2) This Part—

• (a) sets out the purpose of this Act:

• (b) provides that this Act binds the Crown:

• (c) defines terms used in this Act:

• (d) specifies general principles about how functions and powers under the Act are to be performed and exercised:

• (e) states VANZ's general duties:

• (f) provides the process for how claims are to be decided and provides certain presumptions relating to fitness for service, the cause of injury or illness, and paired organs:

• (g) provides for the indexation of certain entitlements.

(3) Part 2 provides for a Code of Veterans' and Other Claimants' Rights.

(4) 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.

(5) The entitlements are—

• (a) travel costs associated with treatment (subpart 2); and

• (b) the disablement pension (subpart 3); and

• (c) weekly income compensation (subpart 4); and

• (d) retirement lump sum (subpart 5); and

• (e) entitlements for spouses, partners, children, and dependants of veterans (subpart 6); and

• (f) children's bursaries (subpart 7).

(6) 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.

(7) The entitlements are—

• (a) vocational services for spouses or partners (subpart 2); and

• (b) payments for permanent impairment (subpart 3); and

• (c) weekly compensation (subpart 4).; and

• (d) retirement lump sum (subpart 5).

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

(9) The entitlements are—

• (a) treatment (subpart 2); and

• (b) rehabilitation for veterans (subpart 3 and Schedule 2); and

• (c) participation in the veterans' independence programme (subpart 4); and

• (d) aids and appliances (subpart 5); and

• (e) motor vehicle loans grants (subpart 6); and

• (ea) retirement lump sum (subpart 6A); and

• (f) funeral grants (subpart 7).

(10) 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.

(11) Part 7 provides for—

• (a) the establishment and functions of VANZ (subpart 1):

• (b) the review of decisions by VANZ by a review officer or review panel, and for the establishment of a Veterans' Service Review Panel (subpart 2):

• (c) appeals against a review decision to an appeal board and for the establishment of a Veterans' Entitlements Appeal Board (also subpart 2).

(12) Part 8 provides for—

• (a) the establishment and functions of the Veterans' Advisory Board (subpart 1):

• (b) the establishment and functions of the Veterans' Health Advisory Panel (subpart 2):

• (c) the administration of the Veterans' Medical Research Trust Fund (subpart 3).

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

• (a) notification of documents and information (subpart 1):

• (b) regulations (subpart 2):

• (c) offences (subpart 3):

• (d) repeals, transitional provisions, and consequential amendments (subpart 4):

• (e) other matters relating to missing veterans, arrangements with other countries, and exclusion of Crown liability for the death or disablement of veterans (subpart 5).

(14) This section—

• (a) is only a guide to the general scheme and effect of this Act; and

• (b) does not limit or affect the other provisions of this Act.

This Act binds the Crown.

Schedule 1 contains application, transitional, and savings provisions that affect this Act's other provisions as from time to time amended, repealed, or repealed and replaced (see section 261).

In this Act, unless the context otherwise requires,—

(1) In this Act, unless the context otherwise requires, qualifying service means—

• (a) qualifying operational service; and

• (b) qualifying routine service.

(2) For the purposes of subsection (1),—

(1) 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.

(2) 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.

(3) If the Minister is satisfied that the deployment poses a significant risk of harm to the members deployed, the Minister must, by notice in the Gazette, declare—

• (a) the deployment to be operational service; and

• (b) the area (whether land, sea, or airspace) in which the deployment is to be operational service; and

• (c) the period during which the deployment is to be operational service.

(4) 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.

(5) The Minister may, by notice in the Gazette, shorten or extend the period specified under subsection (3)(c) if,—

• (a) in the case of shortening the period, the Minister is satisfied that the deployment has ceased or will cease to pose a significant risk of harm to members of the deployed force before the expiry of the period; and

• (b) in the case of extending the period, the Minister is satisfied that the deployment will continue to pose a significant risk of harm to members of the deployed force after the expiry of the period.

(6) For the purposes of this section,—

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

• (a) in acknowledgement, on behalf of the community, of the responsibility for the injury, illness, or death of veterans as a result of them being placed in harm's way in the service of New Zealand; and

• (b) in accordance with the following principles:

  • (i) the principle of providing veterans, their spouses and partners, their children, and their dependants with fair entitlements:

  • (ii) the principle of promoting equal treatment of equal claims:

  • (iii) the principle of taking a benevolent approach to claims:

  • (iv) the principle of determining claims—

    • (A) in accordance with substantial justice and the merits of the claim; and

    • (B) not in accordance with any technicalities, legal forms, or legal rules of evidence.

(1) VANZ must perform its functions and exercise its powers on reasonable grounds and in a timely manner, having regard to the requirements of this Act, the nature of the function or power, and all the circumstances.

(2) For the purposes of subsection (1), VANZ is to be treated as responding to a claim in a timely manner if it makes a decision on the claim within 30 working days after receiving the claim.

(3) However, the 30 working days does not include any period while VANZ is waiting for a veteran or other claimant to provide further information that VANZ requires to determine whether to accept the claim.

(1) VANZ must keep a veteran or claimant up to date on the progress of the veteran's or claimant's claim.

(2) As soon as practicable after making a decision on a claim, VANZ must give notice of its decision on the claim to the claimant.

(3) Every notice given under this section must—

• (a) be in writing; and

• (b) contain the reasons for the decision; and

• (c) comply with section 14C.

VANZ must tell a claimant that he or she has the right to apply for a review of any of VANZ's decisions on the claim, and must do so at a time appropriate to enable the claimant to exercise the right.

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

(2) The first step is to—

• (a) consider all the available material that is relevant; and

• (b) decide whether the material is consistent with an hypothesis that the veteran’s injury, illness, or death was service-related.

(3) 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 principle principles that applies.

(4) If there is no statement of principle principles that applies, section 15A applies.

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

(6) If the hypothesis is consistent with the statement of principle 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.

(7) In this section and section 15A, statement of principle principles means a statement of principle principles that, under section 17(6) and regulations made under section 250, applies for the purposes of this Act.

(1) This section applies if, under section 15(4), there is no applicable statement of principle principles.

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

(3) 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.

(4) An hypothesis is reasonable if it is—

• (a) more than a possibility; and

• (b) consistent with the known facts; and

• (c) not inconsistent with proved or known scientific facts.

The process set out in sections 15 and 15A applies to the extent that it is not modified or overtaken by the presumptions in sections 15C to 16 or the provisions of section 21.

(1) 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.

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

• (a) applies subject to subsection (3); and

• (b) does not apply if subsection (4) applies.

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

• (a) qualifies a person's physical and mental fitness for service in the armed forces; and

• (b) is noted in writing and given to the person at the time the person's physical and mental fitness is assessed.

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

• (a) the person failed to disclose, after proper inquiry of the person, any material facts in relation to his or her physical or mental health or history of physical or mental health; or

• (b) by reason of any false statement, non-disclosure, or misrepresentation by the person, he or she was incorrectly assessed as physically and mentally fit for service in the armed forces.

(1) Section 15C(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.

(2) 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.

(1) 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.

(2) 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—

• (a) the injury or illness was sustained or suffered before the veteran began performing qualifying operational service; and

• (b) the injury or illness was recorded in the service medical records before the veteran commenced qualifying operational service, but only where the injury or illness was known to the veteran before commencing qualifying operational service; and

• (c) the aggravation to the injury or illness occurred during the performance of qualifying operational service.

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

(1) This section applies if—

• (a) a veteran suffers the loss of, or the permanent loss of the use of, one of any paired organs of his or her body; and

• (b) that loss is service-related; and

• (c) the veteran subsequently loses or suffers impaired efficiency of the other corresponding organ (from whatever cause).

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

(3) The presumption in subsection (2) is conclusive.

(4) Regulations may be made under section 250 on the recommendation of the Minister specifying which organs are paired organs for the purposes of this section.

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

• (a) relevant medical organisations; and

• (b) the advisory panel; and

• (c) any other person or organisation that the Minister considers appropriate to consult.

(1) Regulations made under section 250 on the recommendation of the Minister may specify conditions that must be treated as being linked to specific exposure or specific events occurring during qualifying operational service.

(2) Before making a recommendation under subsection (1), the Minister must seek, and have regard to, the advice of the advisory panel.

(3) Before providing its advice under subsection (2), the advisory panel must consult any person or organisation that the panel considers to be representative of the interests of persons likely to be substantially affected by the proposed regulations.

(1) Regulations made under section 250 on the recommendation of the Minister may specify injuries, illnesses, and conditions that must be treated as service-related if a veteran has—

• (a) been exposed to specific events during qualifying operational service; or

• (b) served at specified times in, or during specified periods of, or in specified deployments during, qualifying operational service.

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

• (a) relevant medical organisations; and

• (b) the advisory panel; and

• (c) any other person or organisation that the Minister considers appropriate to consult.

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

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

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

• (a) the Royal New Zealand Returned and Services' Association Incorporated; and

• (b) relevant medical organisations; and

• (c) any other person or organisation that VANZ considers appropriate to consult.

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

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

(6) Regulations may be made under section 250 on the recommendation of the Minister specifying that a statement of principle principles applies for the purposes of this Act.

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

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

• (a) review the new statement of principle principles or the revocation of the statement of principle principles; and

• (b) prepare and provide a report to the Minister and the advisory panel.

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

• (a) in the case of a new statement of principle principles, whether the statement of principle principles should apply in New Zealand; and

• (b) in the case of a revocation of a statement of principle principles, whether the statement of principle principles should cease to apply in New Zealand.

(3) Regulations may be made under section 250 on the recommendation of the Minister,—

• (a) in the case of a new statement of principle principles, specifying that the statement of principle principles applies for the purposes of this Act; and

• (b) in the case of a revocation of a statement of principle principles, specifying that the statement of principle principles ceases to apply for the purposes of this Act.

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

• (a) review the amendment; and

• (b) prepare and provide a report to—

  • (i) the Minister; and

  • (ii) if the amendment is not a minor amendment, the advisory panel.

(2) 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.

(3) 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 17 or 17A and notices in the Gazette under section 17B 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 principle principles or an amendment of a statement of principle 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 or statement of principle principles or the amendment of the statement of principle principles applies in New Zealand.

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

• (a) give VANZ a certificate by a health practitioner or treatment provider that deals with the matters or contains the information that VANZ requires:

• (b) authorise VANZ to obtain medical and other records that are or may be relevant to the veteran's application or entitlement:

• (c) undergo assessment at VANZ's expense by an assessor appointed by VANZ under section 199 and specified by VANZ.

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

• (a) give VANZ relevant information about any matters relating to his or her application or entitlement that VANZ requires at any time:

• (b) undergo any assessment in relation to the veteran's or claimant's application or entitlement that VANZ may require under this Act:

• (c) participate in rehabilitation, including—

  • (i) co-operating with VANZ in the development and implementation of any individual rehabilitation plan; and

  • (ii) undergoing, at VANZ's expense, assessment of present and likely capabilities for the purposes of rehabilitation.

(3) 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.

(4) 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.

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

• (a) VANZ has given the veteran or other claimant written notice of its intention to cease payment because the veteran or other claimant has failed to comply with the requirement; and

• (b) the veteran or other claimant has not, within 28 days of the date of giving the notice,—

  • (i) complied with the requirement; or

  • (ii) established, to VANZ's satisfaction, reasonable grounds for not complying with the requirement.

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

• (a) while the veteran was a deserter or absent without leave within the meaning of the relevant armed forces disciplinary legislation applicable at the time of the injury, illness, or death:

• (b) while the veteran was committing an offence under New Zealand law or committing an act overseas that, had it been done in New Zealand, would have been an offence under New Zealand law:

• (c) in the case of death, the death was self-inflicted (unless occurring during qualifying operational service), but only in relation to entitlements under Part 4 (Scheme Two):

• (d) the injury, illness, or death was predominantly caused by or significantly aggravated by the use of alcohol or tobacco products, the misuse of illegal or prescription drugs, or the contracting of a sexually transmitted disease, but only in relation to entitlements under Part 4 (Scheme Two).

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

• (a) the injury, illness, or death was due to a psychological condition that was attributed to or aggravated by the experiences of the veteran during qualifying operational service; or

• (b) in the case of a sexually transmitted disease, the disease resulted from suffering a sexual assault.

(3) 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.

(4) 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.

(1) VANZ must not provide any entitlements under Part 3, 4, or 5 to a claimant in respect of any period during which the claimant is a prisoner in any prison.

(2) VANZ is not required to undertake any assessments or make any payments to a claimant under Part 3, 4, or 5 while the claimant is a prisoner in any prison.

(3) In this section, prisoner and prison—

• (a) have the same meaning as in section 3(1) of the Corrections Act 2004; and

• (b) prison includes—

  • (i) a service prison within the meaning of the Armed Forces Discipline Act 1971; and

  • (ii) an overseas prison.

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

• (a) any entitlements payable under Part 3 or 4 that are linked to the average weekly wage:

• (b) the amount of weekly compensation as determined under clause 42(3) of Schedule 2:

• (c) the weekly amounts specified in clause 49 of Schedule 2.

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

• (a) the rate of weekly compensation as calculated under Part 2 of Schedule 2:

• (b) the amount of weekly earnings under clause 49(1) of Schedule 2.

(2) Any adjustments required by subsection (1)—

• (a) must be made in accordance with a prescribed formula or prescribed formulas relating to movements in average weekly earnings; and

• (b) have effect from the prescribed date or dates; and

• (c) must be published by VANZ on an Internet site maintained by or on behalf of VANZ and published in any other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the general public.

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

• (a) the prescribed formula specifies a minimum movement in average weekly earnings; and

• (b) the movement in average weekly earnings is less than the minimum movement specified.

(1) VANZ must adjust, in the manner specified in subsection (2),—

• (a) any entitlements payable under Part 3 or 4 that are not linked to the average weekly wage; and

• (b) the amounts specified in clauses 51, 58, 59, and 71 of Schedule 2.

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

• (a) the rates of disablement pension (section 48):

• (b) the rate of the surviving spouse or partner pension (section 59):

• (c) the rate of the children’s pension (section 65):

• (d) the rate of the dependant’s pension (section 69):

• (e) the rate of the children’s bursary (section 74):

• (f) the lump sum payment for permanent impairment (section 89):

• (g) the maximum amount for motor vehicle grants (section 141):

• (h) the amount of the retirement lump sum payment (section 141C):

• (i) the asset threshold for non-exempt assets (section 141C):

• (j) the maximum amount payable for funeral expenses for a veteran whose death is attributable to qualifying service (section 143):

• (k) the maximum amount payable for funeral expenses for a veteran whose death is not attributable to qualifying service (section 144):

• (l) the lump sum payment to a surviving spouse or partner of a veteran receiving the veteran’s pension (section 161):

• (m) the survivor’s grant (clause 59 of Schedule 2):

• (n) child care payments for children of deceased veterans (clause 71 of Schedule 2).

(1A) VANZ may adjust in the manner specified in subsection (2) any costs, amounts, or limits on costs that are not required to be adjusted under section 23 or subsection (1) of this section.

(2) Any adjustments required by subsection (1) under subsection (1) or (1A)—

• (a) must be made in accordance with a prescribed formula or prescribed formulas relating to any movement in the New Zealand Consumers Price Index or any group or subgroup within the Index; and

• (b) have effect from the prescribed date or dates; and

• (c) must be published by VANZ on an Internet site maintained by or on behalf of VANZ and published in any other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the general public.

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

• (a) the prescribed formula specifies a minimum movement in the New Zealand Consumers Price Index or any group or subgroup within the Index; and

• (b) the movement in the New Zealand Consumers Price Index, group, or subgroup is less than the minimum movement specified.

(1) This Part applies to the following persons:

• (a) every veteran with qualifying service performed—

  • (i) before 1 April 1974; or

  • (ii) before 31 March 1975, in connection with the civilian surgical team based at Qui Nhon Provincial State Hospital, Binh Dinh province, Vietnam; or

  • (iii) before 21 April 1975, in connection with 41 Squadron RNZAF in Vietnam: