Regulations 5 to 8 provide that members of certain occupational groups who meet specified criteria are treatment providers for the purposes of the definition of treatment provider in section 7 of the Act.

A person who is an acupuncturist is a treatment provider if the person is—

A person who is an audiologist is a treatment provider if the person—

A person who is a counsellor is a treatment provider if the person is—

A person who is a speech therapist is a treatment provider if the person is a member of the New Zealand Speech-Language Therapists’ Association Incorporated.

The following organs are paired organs for the purposes of section 20 of the Act:

Regulations 11 to 14 provide that certain illnesses and conditions in relation to certain events or deployments are to be treated as service-related for the purpose of section 21 of the Act.

This regulation applies to a veteran if the veteran was a prisoner of war at any time during World War II.

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

The illnesses and conditions are—

This regulation applies to a veteran if the veteran served—

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

The illnesses and conditions are—

This regulation applies to a veteran if the veteran served in Vietnam—

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

The illnesses and conditions are—

This regulation applies to a veteran if the veteran served in the Gulf War at any time during the period beginning on 20 December 1990 and ending on the close of 13 April 1991.

If the veteran suffers from an illness or a condition in subclause (3), the illness or condition must be treated as service-related.

The illnesses and conditions are—

The statements of principles described in Schedule 1 apply for the purposes of the Act.

The version of a statement of principles referred to in Schedule 1 in the column headed “Reasonable hypothesis” is to be applied if a veteran’s service-related injury, illness, condition, whole-person impairment, or death relates to qualifying operational service.

The version of a statement of principles referred to in Schedule 1 in the column headed “Balance of probabilities” is to be applied if a veteran’s service-related injury, illness, condition, whole-person impairment, or death relates to qualifying routine service.

This regulation sets out the formula for the indexation of the amounts described in section 30(1) of the Act.

The formula is as follows:

In subclause (2), LCI means the Labour Cost Index (Salary and Wage rates) (including overtime) published by Statistics New Zealand.

For the purposes of applying the formula in subclause (2),—

An amount that is adjusted by applying the formula takes effect on and from 1 July after the March quarter referred to in item b in subclause (2).

However, no amount is to be adjusted if the application of the formula produces a negative figure.

This regulation sets out the formula for the indexation of the following entitlements under section 31 of the Act:

The formula is as follows:

In subclause (2), CPI—

For the purposes of applying the formula in subclause (2),—

An entitlement that is adjusted by applying the formula takes effect on and from 1 April after the December quarter referred to in item b in subclause (2).

However, no entitlement is to be adjusted if the application of the formula produces a negative figure.

This regulation sets out the formula for the indexation of the following entitlements under section 31 of the Act:

The formula is as follows:

In subclause (2), CPI means the Consumers Price Index (All Groups) published by Statistics New Zealand.

For the purposes of applying the formula in subclause (2),—

An entitlement that is adjusted by applying the formula takes effect on and from 1 July after the March quarter referred to in item b in subclause (2).

However, no entitlement is to be adjusted if the application of the formula produces a negative figure.

The rate of a veteran’s disablement pension payable under section 56 of the Act is to be determined according to the level of the veteran’s whole-person impairment.

The rates of the disablement pension are set out in Schedule 2.

A veteran’s level of whole-person impairment in the first column of Schedule 2 is to be determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

To avoid doubt, the level of whole-person impairment of a veteran who is applying for a disablement pension under clause 6(2) of Schedule 1 of the Act is to be assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

The rate of the surviving spouse or partner pension payable under section 66 of the Act is $160.04 per week.

The rate of the children’s pension payable under section 72 of the Act is $171.38 per week.

The maximum rate of a dependant’s pension payable under section 76 of the Act is $160.04 per week.

Regulations 22 to 25 specify the criteria that VANZ must take into account in assessing a dependant’s economic position for the purpose of determining the rate of a dependant’s pension payable to the dependant.

If, at any time, VANZ has reason to believe that a dependant’s economic position has changed, VANZ may reassess the dependant’s economic position in order to determine the appropriate rate payable to the dependant.

If a dependant’s weekly income is equal to or less than 50% of the maximum rate, the pension payable to the dependant is the maximum rate.

If a dependant’s weekly income is more than 50% of the maximum rate, the pension payable to the dependant is the maximum rate minus $1 for every $1 of income that exceeds 50% of the maximum rate.

For the purposes of this regulation, a dependant’s weekly income is the amount equivalent to the dependant’s income (inclusive of any income tax) during the preceding 12-month period divided by 52.

For the purposes of regulation 22(3), a dependant’s income includes—

A dependant’s income does not include—

In this regulation, unless the context otherwise requires,—

For the purposes of this regulation, any reference in an enactment referred to in subclause (3) to the chief executive is to be read as a reference to VANZ.

If VANZ is satisfied that a dependant, or the dependant’s spouse or partner, has directly or indirectly deprived himself or herself of any assets or income, VANZ, in assessing the dependant’s economic position, may treat the deprivation as if it had not occurred.

Subclause (1) does not apply if the deprivation occurred before the veteran for which the pension is payable—

If an assessment of a dependant’s economic position involves determining the value of land, the value is to be determined in accordance with regulations 9D and 9E of the Social Security (Long-term Residential Care) Regulations 2005.

For the purposes of subclause (1), regulations 9D and 9E of those regulations apply with all necessary modifications and as if references to the chief executive were references to VANZ.

This regulation specifies the rates of children’s bursaries payable under section 81 of the Act.

The children’s bursary payable in respect of a child who, immediately before the commencement of Part 3 of the Act, was receiving a children’s pension under section 40 of the War Pensions Act 1954 or who is the child of a veteran receiving a veteran’s pension is—

The children’s bursary payable to a child who is not described in subclause (2) is—

A children’s bursary is paid annually in the year in which a child is entitled to the bursary.

The conditions specified in Schedule 2A are accepted late-onset conditions for the purposes of the definition of accepted late-onset condition in section 7 of the Act.

This regulation specifies the extent to which VANZ is responsible, under section 88(1) of the Act, for paying the costs of transport the veteran reasonably requires in order to receive treatment that VANZ is responsible for paying or contributing to the cost of.

VANZ must pay the veteran—

In subclause (2), journey—

If the veteran is entitled to be paid the costs of transport by the Accident Compensation Corporation (ACC) for a journey and the amount that is payable by VANZ to the veteran under subclause (2) for the journey is greater than the amount the veteran is entitled to be paid by ACC, the amount that VANZ must pay to the veteran is limited to the difference between the costs of transport payable under subclause (2) and the amount payable by ACC.

This regulation specifies the amount of the lump sum payment that a veteran may elect to receive in place of weekly payments of the independence allowance to which the veteran is entitled under section 96 of the Act.

The veteran may elect to receive in place of weekly payments, over a period of 52 weeks (the lump sum period), an amount calculated in accordance with the formula in subclause (3).

The formula is—

An election to receive a lump sum payment under this regulation must be in writing.

The lump sum period begins on the date on which the veteran would have received payment of the independence allowance if the veteran had not made the election.

A veteran who has received a lump sum payment is entitled to an additional amount calculated in accordance with the formula in subclause (2) if, during the lump sum period, the veteran’s whole-person impairment increases with the effect that he or she would have been entitled to a higher weekly rate of independence allowance if he or she had not elected to receive the lump sum payment.

The formula is—

To avoid doubt,—

The amount of lump sum compensation for permanent impairment payable to a veteran under section 98 and clause 45 of Schedule 2 of the Act must be determined according to the level of the veteran’s whole-person impairment.

The amounts of lump sum compensation for permanent impairment that are payable for each level of whole-person impairment are set out in Schedule 2B.

A veteran’s level of whole-person impairment in the first column of Schedule 2B is to be determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

For the purpose of determining the services and support to be provided to a veteran, VANZ must assess the extent of the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home.

If VANZ reasonably considers it is necessary in order to make the assessment referred to in subclause (1), VANZ may require the veteran to undergo an assessment in person (at VANZ’s cost).

VANZ must make the assessment described in subclause (1)—

If a person assessing a veteran under subclause (2) reasonably considers that the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home is likely to change within the following year, VANZ may make the assessment described in subclause (1) more frequently than once in every year.

VANZ is not required to provide to a veteran under the veterans’ independence programme any services or support that the veteran receives from any other person or agency.

A veteran is entitled to a weekly battery allowance if the veteran—

The rate of the weekly battery allowance for the purposes of section 145(b) of the Act is—

In regulations 30 and 31,—

For the purposes of subclause (1), lower extremity means that part of the body from both hips (including the pelvis) to the toes of both feet.

The maximum amount of a motor vehicle grant under section 147 of the Act is—

A motor vehicle grant in relation to severe lower body mobility impairment may be made to a veteran only once.

A motor vehicle grant in relation to total lower body mobility impairment may be made more than once, but only at intervals of not less that 5 years.

A veteran who receives a motor vehicle grant may also apply for an additional grant, up to a maximum of $3,000, for the purpose of fitting special driving controls to a vehicle without which the veteran would be unable to drive the vehicle.

The matters to be taken into account in determining whether to make a grant or an additional grant in relation to a motor vehicle are—

The retirement lump sum under section 149 of the Act is $33,000.

This regulation specifies the asset threshold for non-exempt assets for the purposes of section 149 of the Act, being the threshold at or above which a veteran does not qualify for a retirement lump sum under that section.

The asset threshold for a veteran who does not have a spouse or partner is $500,000, including the value of a residential dwelling and a vehicle.

A veteran who has a spouse or partner may elect one of the following asset thresholds:

Assets to be included in an asset assessment under section 150 of the Act are the assets of the veteran and his or her spouse or partner (if any) that would come within the definition of assets in clause 4 of Schedule 27 of the Social Security Act 1964 (if the veteran were a person being means assessed under section 146 of that Act).

However, assets that are exempt assets and gifts that are allowable gifts are not included in an asset assessment.

For the purposes of subclause (2),—

If VANZ is satisfied that a veteran or his or her spouse or partner (if any) has directly or indirectly deprived himself or herself of any assets (other than exempt assets), the veteran’s asset assessment under section 150 of the Act may be conducted as if the deprivation had not occurred.

For the purposes of subclause (1), instances of deprivation of assets include, but are not limited to, the instances described in regulation 9B(a) to (f) of the Social Security (Long-term Residential Care) Regulations 2005.

For the purposes of clauses 36 and 37, a reference to the gifting period in clause 4 of Schedule 27 of the Social Security Act 1964 and in regulations 9 to 9B of the Social Security (Long-term Residential Care) Regulations 2005 is to be read as the period of 5 years immediately preceding the date on which the veteran reached the New Zealand superannuation qualification age.

If an asset assessment under section 150 of the Act involves determining the value of land, the value is to be determined in accordance with regulations 9D and 9E of the Social Security (Long-term Residential Care) Regulations 2005.

For the purposes of subclause (1), regulations 9D and 9E of those regulations apply with all necessary modifications and as if references to the chief executive were references to VANZ.

For the purposes of sections 153 and 154 of the Act, the maximum amount payable in relation to expenses of a funeral and burial or cremation of a veteran is $2,442.96.

For the purposes of section 153(5) of the Act, the maximum amount payable for transporting a veteran’s body from the hospital in which he or she died to the place of the veteran’s burial or cremation is—

This regulation prescribes an amount for the purposes of section 157(1)(b) of the Act.

The prescribed amount is $15,000.

This regulation specifies the rates of veteran’s pension payable under Part 6 of the Act (subject to any abatement under section 171 of the Act).

The single living alone rate is $463.04 per week.

The single sharing accommodation rate is $425.55 per week.

The relationship rate is $350.76 per week.

The relationship (partner not receiving superannuation or pension) rate is $664.68 per week.

The relationship (partner not receiving superannuation or pension) legacy rate is $701.52 per week.

This regulation specifies the amount payable under section 174(2) of the Act on the death of—

The amount is $5,791.47.

However, if the veteran was, before 1 April 1990, receiving a war veteran’s allowance under the War Pensions Act 1954, the amount is $14,602.73.

This regulation specifies the amount payable under section 174(4) of the Act on the death of the spouse or partner of a veteran if, on the date of death, the spouse or partner—

The amount is $4,416.16.

VANZ must pay a veteran’s or other claimant’s transport costs under this regulation if the veteran or other claimant is required to undergo a medical assessment in accordance with section 221(3) of the Act.

VANZ must pay the veteran or other claimant—

In subclause (2), journey—

Regulations 46 to 53 prescribe the procedure relating to appeals against review decisions for the purposes of subpart 2 of Part 7 of the Act.

In this Part, unless the context otherwise requires,—

VANZ must, when notifying the outcome of a review decision to the person who applied for the review, advise the person—

The notice of appeal must be made in writing and in the form provided by VANZ for the purpose.

The notice of appeal must specify—

The notice of appeal must contain the following information:

The form provided by VANZ may require the appellant to specify any evidence on which the appellant intends to rely for the appeal.

The appeal board must set a date and location for the hearing of an appeal.

Not later than 20 working days before the hearing date, the appeal board must notify the parties of the hearing date and location of the hearing.

The appeal board may hold a case management conference at any time.

If the appeal board considers that it will secure the just, speedy, and inexpensive determination of an appeal, or it is otherwise in the interests of justice, the appeal board may give a direction in relation to the management of the case.

A direction under subclause (2) may be given on the appeal board’s own initiative, or on the application of a party.

Each party must, not later than 10 working days before the hearing date, provide all evidence on which that party wishes to rely at the hearing to the other party.

However, a party may provide further evidence at a later date in accordance with a direction given by the appeal board under regulation 50(2).

After determining an appeal, the appeal board must return all evidence provided to it by the veteran or other claimant, if the veteran or other claimant so requires.

To avoid doubt, VANZ may keep copies of any evidence provided to it.

This regulation applies if the appellant does not provide oral evidence (whether by attending the hearing or remotely by electronic means).

If the appeal board decides that it cannot determine the appeal without hearing oral evidence from the appellant, the appeal is to be treated as having lapsed, but the appeal board may (on the application of the appellant) revive the appeal.

If the appeal board decides that it can determine the appeal without hearing oral evidence from the appellant, the appeal board may proceed to determine the appeal.

The appeal board must not make a decision under subclause (2) or (3) unless it has given the appellant—

If a veteran or other claimant dies before his or her appeal has been determined, the appeal may be continued by his or her personal representative or by any other suitable person.

In this Part, unless the context otherwise requires,—

In this Part, a member is interested in a matter if he or she—

However, a member is not interested in a matter—

An advisory body or the chairperson (or, if there is no chairperson or the chairperson is unavailable, the deputy chairperson) must appoint the times and places of ordinary meetings of the advisory body, and VANZ must give written notice of those meetings to each member.

Notice of a meeting—

An irregularity in the notice of a meeting is waived if all members entitled to receive the notice—

A meeting of an advisory body may be held—

A resolution signed or assented to in writing (whether by post, delivery, or electronic communication) by all members who are entitled to vote on the matter is as valid and effectual as if it had been passed unanimously at a meeting of the advisory body duly called and constituted.

A member who is interested in a matter relating to an advisory body must disclose details of the interest in accordance with regulation 59 as soon as practicable after the member becomes aware that he or she is interested.

A general notice of an interest in a matter relating to an advisory body, or in a matter that may in future relate to an advisory body, that is disclosed in accordance with regulation 59 is a standing disclosure of that interest for the purposes of this regulation.

A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.

The member must disclose details of the interest in an interests register kept by VANZ and to—

The details that must be disclosed under regulation 59 are—

A member who is interested in a matter relating to an advisory body—

This regulation is subject to regulation 63.

The advisory body must notify the Minister of a failure to comply with regulation 58 or 61, and of the affected matters or acts, as soon as practicable after becoming aware of the failure.

The chairperson may, by prior written notice to the advisory body or by a ruling during a meeting, permit 1 or more members, or members with a specified class of interest, to take part in any discussion (but not in any decision) of the advisory body in relation to the matter to which the interest relates if the chairperson is satisfied that it is in the public interest to do so.

The permission may state conditions that the member or members must comply with.

The deputy chairperson may give the permission if there is no chairperson or if the chairperson is unavailable or interested.

The Minister may give the permission if there is neither a chairperson nor a deputy chairperson, or if both the chairperson and the deputy chairperson are unavailable or interested.

A permission may be amended or revoked in the same way as it was given.

The advisory body must disclose an interest to which a permission relates in every document to which the interest relates, together with a statement of who gave the permission and any conditions of, amendments to, or revocation of the permission.

VANZ may issue a treatment card to a veteran if the veteran has an injury, illness, or condition—

A treatment card issued to a veteran must include the following information:

A veteran to whom a treatment card is issued must—

If a veteran’s treatment card is lost, stolen, or destroyed, the veteran must (as soon as possible after becoming aware that this has happened) tell VANZ that his or her treatment card has been lost, stolen, or destroyed.

A veteran must return his or her treatment card to VANZ as soon as possible if—

A veteran must not add to, amend, or remove any information recorded on a treatment card.

A veteran must comply with any other requirement that—

A treatment card must not—

However, subclause (1)(c) does not apply if a treatment card is given to another person to obtain, on behalf of a veteran, a service to which the veteran is entitled.

VANZ may require a veteran to return a treatment card if—

VANZ may cancel a veteran’s treatment card by notice in writing to the veteran if VANZ considers, on reasonable grounds, that—

VANZ may not cancel a treatment card under subclause (1)(a), (c), (d), or (e) unless it has—

Weekly compensation payable under section 100 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

Adjustments made under regulation 15A apply only to weekly compensation—

Despite subclause (2), adjustments made under this regulation may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

The adjustment under regulation 15A of weekly compensation that must be abated under clause 44 of Schedule 2 of the Act is determined by—

The amount of weekly compensation to which a veteran would be entitled but for an abatement under clause 44 of Schedule 2 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

The amount of the veteran’s weekly earnings must be adjusted at the date of indexation in accordance with the formula set out in regulation 15A.

The amount of abated weekly compensation payable must be calculated in accordance with clause 44 of Schedule 2 of the Act, using the amounts as adjusted by subclauses (2) and (3).

This regulation specifies the amount of the weekly entitlement to payment for child care that is payable under clause 64 of Schedule 2 of the Act.

The weekly entitlement to payment for child care per child is as follows:

The amount of the allowance payable under section 29A of the War Pensions Act 1954 and regulation 39A of the War Pensions Regulations 1956, and under Part 1 of Schedule 1 of the Act, is $32.07 a week.