War Pensions Act 1954

1: Short Title
This Act may be cited as the War Pensions Act 1954. 1943 No 22 s 1
1A: Application of Act
Except as provided in subsection (5) of section 19 or Part 6 Section 1A inserted 1 April 1974 War Pensions Amendment Act 1973 Section 1A amended 15 April 2003 section 3 War Pensions Amendment Act 2003 Section 1A amended 1 April 1990 section 15(1) Social Welfare (Transitional Provisions) Act 1990
2: Interpretation
1: In this Act, unless the context otherwise requires,— Advisory Board section 5A Appeal Board child claims panel section 15(1) Department section 2(1) dependant
a: any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
i: is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and
ii: is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:
b: any person who is under the care of that member as a consequence of that person’s inability to live independently of the member for reasons of—
i: disability; or
ii: illness; or
iii: advanced age dependent child financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 medical practitioner section 114(1)﻿(a) member of the Emergency Reserve Corps member of the family
a: any person who is related to the member:
b: any person who belongs to the same whanau or other culturally recognised family group:
c: any person within a class of persons specified as members of a family in guidelines issued by the Secretary member of the forces member of the forces member of the mercantile marine
a: any ship that is for the time being on New Zealand articles; or
b: any ship that is engaged in trading exclusively in New Zealand waters but is not on articles; or
c: any ship that is for the time being owned and operated by the New Zealand Government or by any Harbour Board Minister official or employee of the Department partner pay period Secretary spouse
2: Terms defined in this section in relation to a member of the forces have corresponding meanings, with any necessary modifications, when used in this Act in relation to persons other than members of the forces. 1940 No 24 s 2; 1943 No 22 ss 2, 19(3), 35(1), (2), 54; 1949 No 26 s 3 Section 2(1) Advisory Board inserted 1 April 1989 War Pensions Amendment Act 1988 Section 2(1) Board repealed 1 April 1989 War Pensions Amendment Act 1988 Section 2(1) child amended 1 January 1970 section 12(2) Status of Children Act 1969 Section 2(1) claims panel substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) Department substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) dependant substituted 15 December 2001 section 3(1) War Pensions Amendment Act 2001 Section 2(1) dependent child substituted 1 April 1991 War Pensions Amendment Act 1991 Section 2(1) financial statements inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) generally accepted accounting practice inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member of the family substituted 15 December 2001 section 3(1) War Pensions Amendment Act 2001 Section 2(1) member of the forces inserted 15 December 2001 section 3(2) War Pensions Amendment Act 2001 Section 2(1) Minister substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) official or employee of the Department inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) partner substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 2(1) pay period inserted 1 February 1961 War Pensions Amendment Act 1960 Section 2(1) relationship repealed 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 2(1) spouse added 15 December 2001 section 3(2) War Pensions Amendment Act 2001 Section 2(1) war service pension repealed 1 April 1990 section 15(2) Social Welfare (Transitional Provisions) Act 1990
3: Act divided into Parts
The following provisions of this Act are divided into Parts as follows: Part 1 Part 1A Part 2 56A Part 4 Part 5 Part 6 Part 7 Sections 75A to 97 Section 3 inserted 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 3 amended 13 January 1966 section 3(1) War Pensions Amendment Act 1966 Section 3 repealed 1 April 1990 section 15(3) Social Welfare (Transitional Provisions) Act 1990 Section 3 repealed 1 April 1990 section 15(3) Social Welfare (Transitional Provisions) Act 1990 Section 3 substituted 15 April 2003 section 4 War Pensions Amendment Act 2003 Section 3 amended 17 July 1963 War Pensions Amendment Act 1963
1: Administration
Appointments
4: Secretary for War Pensions
1: For the purposes of this Act, a person must be appointed under section 61A
2: The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act. 1943 No 22 s 4 Section 4(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999
4A: Delegation of Secretary’s powers
1: The Secretary may from time to time, either generally or particularly, delegate in writing to any official or employee of the Department such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, other than—
a: the powers, functions, and discretions conferred on the Secretary by sections 14(2) to (5) 16(4) 19 21 to 27 34 35 35A 48 85
b: the power of delegation conferred by this subsection.
1A: The Secretary may from time to time, either generally or particularly, delegate in writing to the chief executive of any department of the Public Service listed in Schedule 1
2: Any delegation under this section may be made to—
a: a specified person; or
b: a person of a specified class; or
c: the holder for the time being of a specified office or appointment; or
d: the holders for the time being of offices or appointments of a specified class.
3: Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
5: A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.
6: If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.
7: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
8: Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 Section 4A inserted 1 April 1989 War Pensions Amendment Act 1988 Section 4A(1)﻿(a) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 4A(1A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999
5: Deputy Secretary for War Pensions
1: A Deputy Secretary for War Pensions may from time to time be appointed under section 61A
2: On the occurrence from any cause of a vacancy in the office of Secretary (whether by reason of death, resignation, or otherwise), and in case of the absence from duty of the Secretary (from whatsoever cause arising), and so long as any such vacancy or absence continues, the Deputy Secretary shall have and may exercise all the powers, duties, and functions of the Secretary.
3: The fact that the Deputy Secretary exercises any power, duty, or function of the Secretary shall be conclusive evidence of his authority to do so. Section 5(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999
5A: War Pensions Advisory Board
1: There is hereby established a board to be called the War Pensions Advisory Board.
2: The Advisory Board shall be a body corporate with perpetual succession and a common seal, and may hold real and personal property, and sue and be sued, and do and suffer all such acts and things as bodies corporate may lawfully do and suffer.
3: The Advisory Board shall consist of—
a: the Secretary for War Pensions:
b: the National
c: a medical member (who shall be a Section 5A inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5A(3)﻿(b) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 5A(3)﻿(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
5B: Term of office of appointed member
The appointed member of the Advisory Board shall hold office during the Minister’s pleasure, but shall not hold office for a continuous period of more than 3 years without reappointment. Section 5B inserted 1 April 1989 War Pensions Amendment Act 1988
5C: Extraordinary vacancies
1: The appointed member of the Advisory Board may at any time resign by written notice to the Minister.
2: The powers of the Advisory Board shall not be affected by any vacancy in its membership. Section 5C inserted 1 April 1989 War Pensions Amendment Act 1988
5D: Presiding member
1: The presiding member of the Advisory Board shall be the Secretary for War Pensions who shall preside at all meetings of the Advisory Board at which he or she is present.
2: In the absence of the presiding member from any meeting of the Advisory Board, the person appointed to attend the meeting in the presiding member’s place pursuant to section 5E(1)
3: In the absence from any meeting of both the presiding member and any person appointed to attend the meeting in the presiding member’s place, the members present shall appoint one of their number to be the presiding member for that meeting. Section 5D inserted 1 April 1989 War Pensions Amendment Act 1988
5E: Deputies of members
1: The Secretary for War Pensions may appoint any official or employee of the Department to attend any meeting of the Advisory Board in the Secretary’s place.
2: The National National
3: The Minister may from time to time appoint a deputy for the medial member, who shall be a
4: Every person appointed under this section to deputise for a member of the Advisory Board, while so acting, shall be deemed to be a member of the Advisory Board; and the fact that any deputy attends a meeting shall be conclusive proof of the deputy’s authority to do so. Section 5E inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5E(2) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 5E(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
5F: Meetings of Advisory Board
1: Meetings of the Advisory Board shall be held at such times and places as the Advisory Board or the presiding member may from time to time appoint.
2: At any meeting of the Advisory Board the quorum shall be 2 members.
3: Every matter to be decided at a meeting of the Advisory Board shall be determined by a majority of the votes of the members present and voting on it.
4: At any meeting of the Advisory Board the person for the time being acting as the presiding member shall have a deliberative vote and, if the voting is equal, shall also have a casting vote.
5: Subject to this Act and to the rules of the Advisory Board, the Advisory Board may regulate its own procedure. Section 5F inserted 1 April 1989 War Pensions Amendment Act 1988
5G: Administrative services
All secretarial and administrative services required for the purposes of the Advisory Board shall be supplied by the Department. Section 5G inserted 1 April 1989 War Pensions Amendment Act 1988
5H: Fees and travelling allowances
1: The Advisory Board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There may be paid to the members of the Advisory Board (other than officials and employees of the Department), out of a Crown Bank Account Fees and Travelling Allowances Act 1951 Section 5H inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5H(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
5I: Functions of Advisory Board
The Advisory Board shall have the following powers and functions:
a: on its own initiative or at the request of the Minister to advise the Minister on policies to be applied in respect of war pensions and allowances:
b: to approve guidelines for the determination and assessment of war pensions to be used by medical examiners and claims panels:
c: generally to consider and advise on any other matter which assists the administration of war pensions or that the Minister refers to it:
d: to administer the War Pensions Medical Research Trust Fund established under section 18I
e: to consider applications for payments from the War Pensions Medical Research Trust Fund, and to determine the persons to whom grants, awards, or fellowships are to be made under section 18L
f: such other powers and functions as may be conferred or imposed on it by this Act or any other enactment:
g: to make rules for the conduct of its own business. Section 5I inserted 1 April 1989 War Pensions Amendment Act 1988
6: War Pensions Boards
Section 6 repealed 1 April 1989 War Pensions Amendment Act 1988
7: Chairman of War Pensions Board
Section 7 repealed 1 April 1989 War Pensions Amendment Act 1988
8: War Pensions Appeal Boards
1: For the purposes of this Act there shall be such number of War Pensions Appeal Boards as the Minister thinks fit.
2: A War Pensions Appeal Board shall consist of not more than 4 provided that no member of an Appeal Board shall hold office for a continuous period of more than 3 years without reappointment.
3: Two members of each Appeal Board shall be
4: Each Appeal Board shall be distinguished by such distinctive name as the Minister thinks fit.
5: Except as provided in subsections (6) and (7), all the Secretary
6: At the hearing of an appeal lodged under section 16(1)﻿(c) member appointed as a representative of the members of the forces
7:
8: The decision of a majority of the members present at a sitting of the Appeal Board shall be the decision of the Board. If the said members are equally divided in opinion, the decision of the Chairman shall be the decision of the Appeal Board. 1943 No 22 s 8; 1947 No 60 s 72 Section 8(2) amended 14 November 1973 War Pensions Amendment Act 1973 Section 8(3) substituted 1 April 1989 War Pensions Amendment Act 1988 Section 8(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 8(5) amended 1 April 1989 War Pensions Amendment Act 1988 Section 8(5) amended 14 November 1973 War Pensions Amendment Act 1973 Section 8(6) added 14 November 1973 War Pensions Amendment Act 1973 Section 8(6) amended 1 April 1989 War Pensions Amendment Act 1988 Section 8(7) repealed 15 April 2003 section 5 War Pensions Amendment Act 2003 Section 8(8) added 14 November 1973 War Pensions Amendment Act 1973
9: Chairman of Appeal Board
One of the members of each Appeal Board shall be appointed by the Minister to be the Chairman thereof and shall hold office as Chairman during the pleasure of the Minister. 1943 No 22 s 9
10: Deputy members
1: The Minister may from time to time appoint a person to be the deputy of any member of any
2: Any person appointed as deputy of a member appointed as the representative of the members of the forces shall be nominated in the same manner as that member, and the deputy of a member being a
3: The deputy of any member shall have authority to act as a member of the Board in the event of the absence from any meeting of the Board of the member whose deputy he is, and 1943 No 22 s 6 Section 10(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 10(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 10(3) amended 1 April 1989 War Pensions Amendment Act 1988
11: Appointments on nomination of NZRSA (Inc)
1: For the purpose of appointing any member of any
2: In the event of the Association failing for more than 2 months to submit to the Minister the names of the required number of nominees, the Minister may temporarily appoint such person as he thinks fit (whether nominated by the Association or not) to act as a member of the Board until the vacancy is filled in accordance with subsection (1). SR 1945/159 r 4 Section 11(1) amended 1 April 1989 War Pensions Amendment Act 1988
12: Remuneration and travelling expenses
There shall be paid to the members Fees and Travelling Allowances Act 1951 Section 12 amended 1 April 1989 War Pensions Amendment Act 1988
13: Application of Commissions of Inquiry Act 1908
For the purpose of carrying out their several functions under this Act, the Secretary Commissions of Inquiry Act 1908 Section 13 amended 1 April 1989 War Pensions Amendment Act 1988 Procedure in respect of claims for pensions
14: Claims for war pensions or allowances
1: All claims for or in respect of pensions or allowances under this Act shall be made in writing.
2: A claimant for a pension for death or disablement of a member of the forces allegedly caused by or attributable to or aggravated by service may be required by the Secretary, if it is appropriate to the circumstances of the case, to produce a medical report from the claimant’s or, as the case may be, the deceased member of the force’s own medical practitioner which sets out with particularity the nature of the condition from which the deceased member of the forces died, or which occasions the claimant’s disability.
3: As soon as practicable after receiving a claim under this section, the Secretary shall consider it and may either—
a: grant a pension or allowance in accordance with the provisions of this Act; or
b: decline the claim on the grounds that the claimant is not entitled to a pension or allowance under this Act.
4: The claimant shall be forthwith advised of the decision to grant or decline the claim, and shall at the same time be supplied with a written explanation of the reason or reasons for the decision.
5: If a claimant, whose right of appeal under section 16 section 15E Section 14 substituted 1 April 1989 War Pensions Amendment Act 1988 Delegation of powers of War Pensions Boards Heading repealed 1 April 1989 War Pensions Amendment Act 1988
15: District claims panels
1: The Secretary must maintain a sufficient number of war pensions claims panels.
1A: Despite subsection (1), the Secretary may not alter the number of claims panels unless the Secretary has consulted with the National Executive Committee of the New Zealand Returned Services’ Association (Incorporated).
2: Each claims panel consists of—
a: a person who—
i: is an official or employee of the Department and is appointed from time to time by the Secretary; or
ii: is an official or employee of a department of the public service listed in Schedule 1
b: a person appointed from time to time by the Secretary on the nomination of the National Executive Committee of the New Zealand Returned Services’ Association (Incorporated).
2A: A claims panel may, on or after 1 October 1999, allow a person nominated by a claimant to participate as the claimant’s advocate in the consideration of the claim by the panel, if the members of the panel consider that the person nominated is sufficiently qualified, by reason of his or her training and experience, to participate in the consideration of the claim.
2B: A person who is allowed under subsection (2A) to participate as the claimant’s advocate in the consideration of a claim is not a member of the claims panel, and is not part of the panel for the purposes of section 15B(2) to (4)
3: There may be paid to the member of the claims panel appointed under subsection (2)﻿(b), out of a Crown Bank Account Fees and Travelling Allowances Act 1951 Section 15 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 15(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(1A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2B) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
15A: Delegation of Secretary’s powers to claims panels and national review officers
1: The Secretary may from time to time, either generally or particularly, delegate in writing to any claims panel, or national review officer appointed under section 15C sections 14(2) to (4) 19 21 to 27 34 35 35A 48 66A sections 14(5), 16(4) 85
2: Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the claims panel or national review officer to which or to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: Every claims panel or national review officer purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
4: A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.
5: If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.
6: Every delegation under this section to a specified claims panel shall continue to have effect notwithstanding any change in the membership of the panel.
7: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
8: Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 Section 15A inserted 1 April 1989 War Pensions Amendment Act 1988
15B: Consideration of claims, etc, by district claims panel
1: Where a claims panel is to consider any claim pursuant to a delegation under section 15A
a: every provision of this Act relating to claims for war pensions or allowances, so far as it is relevant to the claim, shall, with the necessary modifications, apply to and in respect of the consideration and determination of the claim:
b: the claims panel may require the claimant to undergo such medical examinations or assessments as may be reasonably necessary to enable the claims panel to consider the claim fairly:
c: the claims panel may require the claimant to attend and give evidence before the panel in support of the claim, and may accept evidence in person from the claimant or any other person whom the claimant wishes to present in support of the claim:
d: the claimant shall have the right to make written submissions to the claims panel in support of the claim.
2: Every decision of a claims panel shall be unanimous.
3: If there is no unanimity between the members of a claims panel on any claim, each member shall make a written record of the member’s opinion and the reasons for that opinion.
4: Where subsection (3) applies, the claim, together with each member’s written opinion on the claim and all other relevant information, shall be forwarded to a national review officer appointed under section 15C Section 15B inserted 1 April 1989 War Pensions Amendment Act 1988
15C: National review officers
The Secretary may from time to time appoint 1 or more officials or employees of the Department to be a national review officer. Section 15C inserted 1 April 1989 War Pensions Amendment Act 1988
15D: Review of decisions of district claims panel, etc
1: Any claimant who is dissatisfied with the decision of any claims panel may, within 6
2: On receiving an application under subsection (1) or on receiving written opinions pursuant to section 15B(4)
3: On reviewing a decision following an application under subsection (1), the national review officer may, in accordance with this Act,—
a: confirm the decision; or
b: amend or reverse the decision; or
c: make such other decision as is appropriate to the circumstances of the case.
4: On considering a claim forwarded under section 15B(4)
5: The provisions of section 15B(1)﻿(a) to (d)
6: If a national review officer requires a claimant to attend and give evidence in support of a claim, and the claimant or a person authorised by the claimant to represent the claimant does so, the Secretary, out of money appropriated by Parliament for the purpose, shall pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the claimant or representative. Section 15D inserted 1 April 1989 War Pensions Amendment Act 1988 Section 15D(1) amended 1 April 1990 section 39 Social Welfare (Transitional Provisions) Act 1990
15E: National review officer to determine whether fresh application on grounds of additional evidence should be accepted
1: If an application for reconsideration of a claim is received under section 14(5) section 16(4)
2: If a fresh claim is accepted under subsection (1), the Secretary or national review officer, as the case may be, shall refer the claim to the appropriate claims panel for consideration and decision; and in considering and deciding on the fresh claim it shall be dealt with in all respects as if it were an original claim. Section 15E inserted 1 April 1989 War Pensions Amendment Act 1988 Appeals
16: Appeals to War Pensions Appeal Board
1: Within 6 months after the date on which any decision of the Secretary or a national review officer
a: the rejection of any claim for a pension in respect of the disablement or death of a member of the forces on the ground that the disablement or death was not attributable to his service as a member of the forces or that the condition that resulted in his disablement or death was not aggravated by that service; or
b: the assessment of a pension granted to any member of the forces in so far as the assessment is based on medical grounds ; or
c: the assessment of any additional pension for severe disablement under section 23
2: On receipt of any such appeal the Secretary shall submit the appeal to a War Pensions Appeal Board, which may confirm the decision
3: Any decision of an Appeal Board may be made retrospective if and to such extent as that Board thinks fit.
4: The decision of an Appeal Board shall be final and conclusive: provided that, if at any time a claimant whose appeal has been determined satisfies the Secretary that by reason of additional evidence becoming available or for any other reason whatsoever it is desirable in the interests of justice that his claim should be reconsidered, the Secretary shall accept from him a fresh claim and any such claim shall be
5: If any person has the right to apply for the review of any decision pursuant to section 15D
6: The Appeal Board shall not make a decision in respect of an appeal brought against any decision made under section 23 1943 No 22 s 13; SR 1945/159 r 31(3) Section 16 heading amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(1)﻿(b) amended 14 November 1973 War Pensions Amendment Act 1973 Section 16(1)﻿(c) added 14 November 1973 War Pensions Amendment Act 1973 Section 16(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(4) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(5) added 1 April 1989 War Pensions Amendment Act 1988 Section 16(6) added 1 April 1989 War Pensions Amendment Act 1988 Section 16(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
16A: Appeals to Social Security Appeal Authority
1: An appeal shall lie to the Social Security Appeal Authority against any decision or determination of
a:
b: sections 78 78A 81 83 84 Parts 2 4 5 84A 86 87 87A 89 90 other than a decision or determination in respect of which an appeal lies to a War Pensions Appeal Board.
2: Sections 12A to 12R chief executive of the department
3: If any person has the right to apply for the review of any decision pursuant to section 15D Section 16A inserted 1 May 1974 War Pensions Amendment Act 1973 Section 16A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16A(1)﻿(a) repealed 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 16A(1)﻿(b) amended 15 December 2001 section 4 War Pensions Amendment Act 2001 Section 16A(1)﻿(b) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 16A(1)﻿(b) amended 10 October 1975 War Pensions Amendment Act 1975 Section 16A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 16A(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16A(3) added 1 April 1989 War Pensions Amendment Act 1988 Presumptions to operate in favour of claimants for pensions
17: Presumption that disablement or death attributable to service
1: Where any claim for a pension under this Act is made by or in respect of a member of the forces who, on attesting for service or at any time thereafter, was medically graded as fit for service with the forces, the medical grading shall, except as otherwise provided in this section, be accepted as conclusive proof of the absolute physical and mental fitness of the member at the time of that grading, subject only to any physical or mental conditions qualifying that absolute fitness that may be specifically recorded in the medical record made at the time of the medical grading: provided that the foregoing provisions of this subsection shall not apply if the medical grading of the member has been altered by a competent authority within 2 months after he has been actually attached to the forces for service therein but before he has been subjected to any conditions that have in fact prejudicially affected his physical or mental fitness or to any conditions that may be regarded as having possibly or probably so affected his physical or mental fitness, and the member has been officially informed of the alteration of his grading within 3 months after he has been so attached to the forces for service therein.
2: The foregoing presumption in favour of the claimant based on the medical grading of the member shall not operate in any case where it is proved that the member failed to reveal to the medical examiners, after proper inquiry made of him, any material facts in relation to his physical or mental health or history, or where it is proved that by reason of any false statement, non-disclosure, or misrepresentation he was erroneously graded.
3: In any case in which the foregoing presumption in favour of the claimant does not for any reason apply or is not sufficient to establish his claim, the claimant shall be entitled to produce to the Secretary in connection with any war or emergency Secretary or Appeal Board
4: Where any member of the forces has suffered the loss of, or the permanent loss of the use of, one of any paired organs of the body, and that loss is held to be attributable to his service, the subsequent loss or impairment of the efficiency of the other corresponding organ (from whatever cause arising) shall be conclusively presumed to be attributable to his service. 1943 No 22 s 14 Section 17(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 17(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 17(3) amended 1 November 1976 section 2 War Pensions Amendment Act 1976 Rules to be observed by Boards in determining claims
18: Boards not bound by rules of evidence, but must determine all claims in accordance with their merits
1: In determining, in relation to any claim for a pension under this Act made by a member of the forces in respect of his disablement or made by any other person in respect of the disablement or death of a member, whether the disablement or death of the member was attributable to his service as a member or whether the condition that resulted in his disablement or death was aggravated by that service, the Secretary
2: In the application of the general rule formulated in subsection (1) the following particular rules shall apply—
a: in no case shall there be on the claimant any onus of proving that the disablement or death on which the claim is based was in fact attributable to the service of the member or that the condition that resulted in the disablement or death of the member was aggravated by his service:
b: the claimant shall be given the full benefit of the presumptions in his favour provided for in section 17
c: the Secretary Secretary or Appeal Board 1943 No 22 s 15 Section 18(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18(2)﻿(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18(2)﻿(c) amended 1 April 1989 War Pensions Amendment Act 1988
1A: War Pensions Medical Research Trust
Part 1A inserted 12 December 1968 War Pensions Amendment Act 1968
18A: Interpretation
In this Part, unless the context otherwise requires,— Fund section 18I Section 18A inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18A Board repealed 1 April 1989 War Pensions Amendment Act 1988
18B: War Pensions Medical Research Trust Board
Section 18B repealed 1 April 1989 War Pensions Amendment Act 1988
18C: Membership of Board
Section 18C repealed 1 April 1989 War Pensions Amendment Act 1988
18D: Extraordinary vacancies
Section 18D repealed 1 April 1989 War Pensions Amendment Act 1988
18E: Meetings of Board
Section 18E repealed 1 April 1989 War Pensions Amendment Act 1988
18F: Power to make rules
Section 18F repealed 1 April 1989 War Pensions Amendment Act 1988
18G: Functions and powers of Board
Section 18G repealed 1 April 1989 War Pensions Amendment Act 1988
18H: Secretary to Board and other staff
Section 18H repealed 1 April 1989 War Pensions Amendment Act 1988
18I: War Pensions Medical Research Trust Fund
There is hereby established a fund to be known as the War Pensions Medical Research Trust Fund which shall comprise all money paid into it under section 85(2)﻿(e) Section 18I inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18I amended 1 April 1989 War Pensions Amendment Act 1988
18J: Capital and income of Fund
1: The capital of the Fund shall consist of—
a: all money paid into the Fund pursuant to section 85(2)﻿(e)
b: all money paid into the Fund by way of grants, donations, or gifts:
c: all property held by or on behalf of the Advisory Board
d: all money derived from the sale of any property held by or on behalf of the Advisory Board
e: all income transferred to capital under subsection (3).
2: The income of the Fund shall consist of—
a: all income derived from the investment of money by or on behalf of the Advisory Board section 18K
b: all income derived from the administration of property held by or on behalf of the Advisory Board
c: all money derived from the leasing of land:
d: all other money not forming part of the capital of the Fund.
3: Any income of the Fund not for the time being required for expenditure under section 18L Advisory Board section 18K Section 18J inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18J(1)﻿(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(1)﻿(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(1)﻿(d) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(2)﻿(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(2)﻿(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(3) amended 1 April 1989 War Pensions Amendment Act 1988
18K: Powers of investment
1: Any money, being capital of the Fund within the meaning of subsection (1) of section 18J Advisory Board Trustee Act 1956 Advisory Board provided that, notwithstanding any rule of law or equity to the contrary, the Advisory Board Advisory Board
2: Any money, being income of the Advisory Board section 18J Advisory Board Section 18K inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18K(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18K(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 18K(2) amended 1 April 1989 War Pensions Amendment Act 1988
18L: Authorised expenditure
1: Subject to the provisions of this Part, the Advisory Board Advisory Board
a: the making of grants or awards for the purpose of medical research into mental disorders, or other fields of medical research beneficial to former members of the forces:
b: the provision of fellowships to qualified persons who will, in the Advisory Board’s
c: the costs incurred in the administration of the Fund.
2: If at any time the income of the Fund is insufficient for the purposes of subsection (1) the Advisory Board
3: No person shall be qualified to receive a fellowship under paragraph (b) of subsection (1) unless he is—
a: ordinarily resident in New Zealand; or
b: a person resident outside New Zealand who will, in the Advisory Board’s Section 18L inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18L(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(1)﻿(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(3)﻿(b) amended 1 April 1989 War Pensions Amendment Act 1988
18M: Conditions of grants, awards, and fellowships
1: The conditions of tenure of every grant, award, and fellowship shall be determined by the Advisory Board
2: Every grant, award, and fellowship shall be of such value as the Advisory Board Advisory Board Section 18M inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18M(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18M(2) amended 1 April 1989 War Pensions Amendment Act 1988
18N: Money to be paid into bank
1: All money received by the Advisory Board or by an employee of the Department on behalf of the Advisory Board shall as soon as practicable after its receipt be paid into such bank account or accounts of the Advisory Board as the Advisory Board from time to time determines.
2: No such money shall be withdrawn from the bank except by cheque signed by an employee of the Department approved for the purpose by the Advisory Board and countersigned by another such employee or by a member of the Advisory Board approved for the purpose by the Advisory Board. Section 18N substituted 1 April 1989 War Pensions Amendment Act 1988
18O: Accounting records must be kept
1: The Advisory Board must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the Advisory Board; and
b: will enable the Advisory Board to ensure that the financial statements of the Advisory Board comply with this Act; and
c: will enable the financial statements of the Advisory Board to be readily and properly audited.
2: The Advisory Board must establish and maintain a satisfactory system of control of those accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 18O replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18OA: Financial statements must be prepared
The Advisory Board must ensure that, within 5 months after the end of the financial year ending on 31 March, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Advisory Board and that financial year; and
b: dated and signed on behalf of the Advisory Board by 2 members of the Board. Section 18OA inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18OB: Financial statements must be audited
1: The Advisory Board must ensure that the financial statements of the Advisory Board are audited.
2: The Advisory Board is a public entity as defined in section 4 Section 18OB inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18P: Purposes of Fund declared to be charitable purposes
The purposes for which the Fund is established are hereby declared to be charitable purposes. Section 18P inserted 12 December 1968 War Pensions Amendment Act 1968
18Q: Travelling allowances
Section 18Q repealed 1 April 1989 War Pensions Amendment Act 1988
18R: Members of
Advisory Board No member of the Advisory Board Advisory Board Advisory Board Section 18R inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18R heading amended 1 April 1989 War Pensions Amendment Act 1988 Section 18R amended 1 April 1989 War Pensions Amendment Act 1988
18S: Contracts of Board
Section 18S repealed 1 April 1989 War Pensions Amendment Act 1988
2: War pensions
Grounds for payment of pensions
19: General provisions as to grounds for payment of pensions
1: Subject to the provisions of this Act, pensions in respect of the disablement or death of any member of the forces (whether occurring before or after the commencement of this Act) shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred while he was on service overseas as a member of the forces in connection with any war in which Her Majesty was then engaged, or in connection with any emergency, whether arising out of the obligations undertaken by New Zealand in the Charter of the United Nations or otherwise:
b: in any case where the disablement or death of the member is attributable to his service in New Zealand or overseas:
c: in any case where the condition that resulted in the disablement or death of the member was aggravated by his service in New Zealand or overseas: provided that, except with the approval of the Minister, no pension shall be payable under this Part in respect of the disablement or death of any member if, at the date of his disablement or death, he was a deserter from the forces or was absent without leave and was not in receipt of continuous pay as a member of the forces: provided also that where any claim for a pension is made by a member in respect of his disablement the Secretary Secretary or Appeal Board
2: In any case to which paragraph (a) of subsection (1) applies, the disablement or death of the member, as the case may be, shall for the purposes of this Act be deemed to be attributable to his service as a member of the forces.
3: Nothing in this section shall apply to a spouse or partner spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if any person is, on 1 April 1971, in receipt of a pension payable under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L
5: If the disablement or death of a member of the Armed Forces of New Zealand within the meaning of the Accident Compensation Act 1982 1943 No 22 ss 17, 25 Section 19(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 19(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 19(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 19(3) amended 15 December 2001 section 5 War Pensions Amendment Act 2001 Section 19(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 19(5) added 1 April 1974 War Pensions Amendment Act 1973 Pensions for disabled members of the forces
20: Maximum rate of pensions for total disablement
Except as otherwise expressly provided in this Part, the rate of the pension payable to a member of the forces in respect of his total disablement shall not exceed the appropriate rate specified in Schedule 1 1940 No 24 s 5(a); 1943 No 22 ss 19(1)﻿(a), (2)﻿(a), 57(a), (b); 1946 No 17 s 2(3); 1949 No 25 ss 2, 8(a), (b); 1951 No 23 s 2; 1951 No 24 s 2
21: Rates of pensions for disablement resulting from certain major disabilities
1: Where the disablement of any member of the forces is due in whole or in part to any one of the disabilities specified in Schedule 9
2: Where the disablement of the member is due, in whole or in part, to any 2 or more of the disabilities specified as aforesaid, the minimum rate of the pension payable to the member shall, if and so long as he is a bona fide resident of New Zealand, be ascertained by adding together the appropriate percentages in Schedule 9 provided that in no case shall a pension be payable by virtue of this subsection at a rate in excess of the maximum rate that would be payable to him in respect of his total disablement: provided also that where in the said schedule the percentage of full pension payable for a specified disability involving multiple losses differs from the sum of the percentages specified for the separate losses, the former shall be the appropriate percentage. 1943 No 22 s 20(1), (2) Section 21(2) second proviso added 25 October 1963 War Pensions Amendment Act 1963
22: Rates of pensions in other cases of disablement
Subject to the provisions of section 21 the Secretary 1940 No 24 s 6; 1943 No 22 ss 21, 58 Section 22 amended 1 April 1989 War Pensions Amendment Act 1988
23: Additional pension in certain cases of severe disablement
1: This section applies to every case where a member of the forces—
a: is suffering from total blindness; or
b: is suffering from 2 or more serious disabilities (whether specified in Schedule 9
c: is totally disabled and is permanently bedridden or, if not permanently bedridden, is, in the opinion of the Secretary and a pension for total disablement in respect of such blindness, disabilities, or disablement is for the time being payable under section 19(1)
2: Notwithstanding anything in this Part, in any case to which this section applies the Secretary may, in the Secretary’s Schedule 1
3: Notwithstanding anything in this Part but subject to subsection (4), if a person receiving an additional pension under this section is of or over the age of 60 years, that person shall be entitled to be paid, in addition to the total amount payable under section 19
4: In each case entitlement to the further amount provided for in subsection (3) shall commence on the earliest date that the Secretary considers practicable, being a date not earlier than the date of commencement of the pay period during which this subsection came into force or during which the pensioner attained the age of 60 years, whichever is the later. 1943 No 22 ss 19(4), (5), 20(3); 1951 No 23 ss 4, 12 Section 23(1) substituted 1 November 1976 section 3 War Pensions Amendment Act 1976 Section 23(1)﻿(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 23(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 23(3) added 16 June 1986 War Pensions Amendment Act 1986 Section 23(4) added 16 June 1986 War Pensions Amendment Act 1986
24: Pensions may be temporary or permanent
Any pension granted under this Part to a member of the forces in respect of his total or partial disablement shall be a temporary pension or a permanent pension according to whether the disablement of the member is of a temporary or a permanent character: provided that where, in the opinion of the Secretary section 26 1943 No 22 s 22 Section 24 proviso amended 1 April 1989 War Pensions Amendment Act 1988
25: Rate of pension to be determined by reference to nature of disablement
1: Except as provided in subsection (2), no account shall be taken of the income or property of the claimant or of any other person in considering a claim by any member of the forces for a pension in respect of his disablement, but the claim shall be determined solely by reference to the nature and extent of the disablement.
2: In any case where the disablement of the member is attributable solely to his service in New Zealand or is attributable solely to his service out of New Zealand otherwise than in connection with any war, the Secretary may, in the Secretary’s the Secretary may, in the Secretary’s 1943 No 22 s 23 Section 25(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 25(2) amended 1 April 1989 War Pensions Amendment Act 1988
26: Review of pensions
1: Except in any case to which subsection (2) of section 25
2: Subject to subsection (1), any pension granted under this Part to any member of the forces may from time to time and at any time be reviewed by the Secretary the Secretary 1943 No 22 s 24 Section 26(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 26(2) amended 1 April 1989 War Pensions Amendment Act 1988
27: Disabled member may be required to undergo medical treatment
If the Secretary the Secretary 1943 No 22 s 39(1) Section 27 amended 1 April 1989 War Pensions Amendment Act 1988 Section 27 amended 1 April 1989 War Pensions Amendment Act 1988
28: Clothing allowance in case of loss of limbs, etc
1: In addition to the amount of pension payable to any member of the forces in accordance with the foregoing provisions of this Part, a special allowance for wear and tear on the clothing or footwear , or soiling of the clothing, Schedule 1
a: to any member who has suffered the loss in whole or in part of 2 limbs:
b: to any member who has suffered the loss in whole or in part of a leg:
c: to any member who has suffered the loss in whole or in part of an arm:
d: to any member who is obliged to use any mechanical or other appliance (other than an artificial leg or artificial arm):
e: to any member who is suffering from a disability which causes or leads to soiling of his clothing.
2: Any allowance granted under this section shall be included in and deemed part of the pension of the member. 1943 No 22 s 41; 1951 No 23 s 8 Section 28(1) amended 7 December 1983 section 2(1) War Pensions Amendment Act 1983 Section 28(1)﻿(e) added 7 December 1983 section 2(2) War Pensions Amendment Act 1983
29: Allowance for services of attendant in certain cases
1: If, with respect to any member of the forces who is in receipt of a pension under this Part in respect of his total disablement, the Secretary is satisfied that the services of an attendant are indispensable the Secretary may, in the Secretary’s Schedule 2
2: In special cases the Secretary may, in the Secretary’s discretion, extend
3: Any allowance under this section may be paid, in whole or in part, to the attendant or may be paid to the member in respect of the additional expenses incurred by him. Any allowance paid to a member under this section shall not be deemed to form part of his pension. 1943 No 22 s 40; 1951 No 23 s 7 Section 29(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 29(2) amended 1 April 1989 War Pensions Amendment Act 1988
29A: Additional payment where decoration awarded
1: Any member of the forces who has been awarded a decoration in respect of any period of service which commenced on or after 3 September 1939 may be paid an annuity, allowance, or addition to his pension, as the case may be, at such rate and in accordance with such conditions as may be prescribed. Different rates may be so prescribed in respect of different decorations.
2: In this section the term decoration
3: Without limiting the power to make regulations conferred by section 96 Section 29A inserted 1 July 1966 section 2(1) War Pensions Amendment Act 1966 Pensions for wives of disabled members Heading repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
30: Maximum rates of pensions for wives of disabled members of forces
Section 30 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
31: Economic position of disabled member to be considered in determining rate of pension for wife
Section 31 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
31A: Lump sum payment on death of wife of economic pensioner
Section 31A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Pensions for surviving spouses or surviving partners Heading substituted 1 April 1989 War Pensions Amendment Act 1988 Heading amended 15 December 2001 section 6 War Pensions Amendment Act 2001
32: Maximum rates of surviving spouses’
and surviving partners’
1: Except as provided in subsection (2), the rate of the pension payable to the surviving spouse or surviving partner Schedule 4
2: Where the surviving spouse or surviving partner or surviving partner Schedule 4
3: A parent’s allowance in respect of any child—
a: shall commence on such day as the Secretary determines, being not earlier than the first day of the pay period in which the child is born:
b: where the child is over the age of 16 years, may be granted or continued, as if the child had not attained that age, during any period during which a pension is payable to or on behalf of the child in accordance with section 43
c: in the event of the death of the child, shall continue to such day as the Secretary determines, being not later than the end of the second pay period following the pay period in which the child dies. Section 32 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 32 heading amended 15 December 2001 section 7(1) War Pensions Amendment Act 2001 Section 32(1) amended 15 December 2001 section 7(2) War Pensions Amendment Act 2001 Section 32(2) amended 15 December 2001 section 7(2) War Pensions Amendment Act 2001
33: Rate of pension for surviving spouse
or surviving partner Except as otherwise provided in this Act, the rate of the pension payable to the surviving spouse or surviving partner Schedule 4 Section 33 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 33 heading amended 15 December 2001 section 8(1) War Pensions Amendment Act 2001 Section 33 amended 15 December 2001 section 8(2) War Pensions Amendment Act 2001
34: Surviving spouse or surviving partner not entitled to pension in certain cases
Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member’s death if—
a: the death of the member occurred within 1 year after the marriage or entry into the civil union or de facto relationship; and
b: at the date of the marriage or entry into the civil union or de facto relationship the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year. Section 34 substituted 15 December 2001 section 9 War Pensions Amendment Act 2001 Section 34(a) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 34(b) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
35: Pensions to surviving spouses or surviving partners to cease on remarriage, entry into civil union, or commencement of de facto relationship
1: A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or entry into a civil union or de facto relationship.
2: Despite anything to the contrary in subsection (1), on the surviving spouse’s or surviving partner’s remarriage or entry into a civil union or a de facto relationship while in receipt of a pension under this Part, the Secretary may, in the Secretary’s discretion,—
a: continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:
b: review, at any time, a pension continued under paragraph (a).
3: In any case to which subsection (2) applies, the Secretary may, in the Secretary’s discretion, instead of continuing the pension, pay to the surviving spouse or surviving partner a lump sum gratuity not exceeding 2 years’ pension.
4: For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2) is deemed to be a pension payable to the surviving spouse or surviving partner of a member of the forces. Section 35 substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
35A: Reinstatement of surviving spouse’s or surviving partner’s pension
1: Despite anything in section 35
2: The rate of any pension reinstated under subsection (1) is the appropriate rate specified in Schedule 4 section 32 Section 35A substituted 15 December 2001 section 9 War Pensions Amendment Act 2001 Section 35A(1) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Pensions for children of disabled and deceased members
36: Maximum rates of children’s pensions
1: Except as otherwise expressly provided in this Part, the rate of the pension payable to or on behalf of each child in respect of the total disablement or death of a member of the forces shall not exceed the appropriate rate specified in Schedule 5
2: In the case of the partial disablement of a member the rate shall be such lower rate than that payable in respect of total disablement as may in each case be determined by the Secretary 1940 No 24 ss 4(a), 5(b), 6; 1943 No 22 ss 18(1)﻿(b), (2)﻿(a), 19(1)﻿(c), (2)﻿(b), 21, 56(1)﻿(a), (2)﻿(a), 57(d), 58; 1946 No 17 ss 2(2), 4(1), (2); 1946 No 18 s 2(2); 1949 No 25 s 2; 1951 No 23 ss 2, 3; 1951 No 24 s 2 Section 36(2) amended 1 April 1989 War Pensions Amendment Act 1988
37: Child not entitled to pension in certain cases
Notwithstanding anything to the contrary in this Act, the Secretary may, in the Secretary’s parent surviving spouse or surviving partner section 34 the member’s 1943 No 22 s 29(2) Section 37 amended 15 December 2001 section 10(a) War Pensions Amendment Act 2001 Section 37 amended 15 December 2001 section 10(b) War Pensions Amendment Act 2001 Section 37 amended 15 December 2001 section 10(c) War Pensions Amendment Act 2001 Section 37 amended 1 April 1989 War Pensions Amendment Act 1988
38: Board may terminate pension where family benefit payable
Section 38 repealed 1 July 1999 section 8 Veterans’ Affairs Act 1999
39: Economic position of disabled member to be considered in determining rate of pension for children
1: In determining a claim for a pension under this Part made by or on behalf of any child of a member of the forces in respect of his total or partial disablement, regard shall be had to the property, income, and general economic circumstances of the member, except in the case of a member who is in receipt of a pension for total blindness.
2: Except as provided in subsection (1), no account shall be taken of the income or property of the claimant or of any other person in determining any such claim.
3: Any pension to which this section applies (not being a pension granted in respect of the total blindness of a member) may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 30 Section 39(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 39(3) amended 1 April 1989 War Pensions Amendment Act 1988
40: Increased pensions for children in certain cases
Notwithstanding anything to the contrary in this Part,—
a: the rate of the pension payable to or on behalf of a child whose parents are dead shall be a rate not exceeding the appropriate rate specified in Schedule 5
b: the rate of the pension payable to or on behalf of a child of a deceased member of the forces where the child is not under the control of its parent Schedule 5 the Secretary, in the Secretary’s 1943 No 22 s 31; 1951 No 23 s 5 Section 40(b) amended 15 December 2001 section 11 War Pensions Amendment Act 2001 Section 40(b) amended 1 April 1989 War Pensions Amendment Act 1988
41: Children whose parents are not married
Section 41 repealed 15 December 2001 section 12 War Pensions Amendment Act 2001
42: Child not to receive pension in respect of more than 1 parent
Notwithstanding anything to the contrary in this Act, a pension in respect of the disablement or death of any member of the forces shall not be payable to or on behalf of any child of the member for any period for which a pension under this Act is payable to or on behalf of the same child in respect of the disablement or death of any other person. 1943 No 22 s 32(5)
43: Duration of pensions for children
1: A pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall commence on such day as the Secretary pay period
2: Save as provided in this section, a pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall not continue after the end of the pay period
3:
4: A pension granted to or on behalf of any child suffering from any mental or physical infirmity may be continued for any period while the infirmity continues.
5: The Secretary
6: Notwithstanding anything to the contrary in the foregoing provisions of this Act, a pension may be granted to or on behalf of any child who has attained the age of 16 years or more at any time when, if a pension had been already granted, it could be continued in force pursuant to the foregoing provisions of this section.
7: Notwithstanding anything to the contrary in section 85 pay period the Secretary 1943 No 22 s 33; 1949 No 25 s 5 Section 43(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(1) amended 1 February 1961 War Pensions Amendment Act 1960 Section 43(2) amended 1 February 1961 War Pensions Amendment Act 1960 Section 43(3) repealed 15 December 2001 section 13 War Pensions Amendment Act 2001 Section 43(5) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(7) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(7) amended 1 February 1961 War Pensions Amendment Act 1960 Pensions for other dependants
44: Maximum rates of pensions for dependants other than spouses, partners, and children
The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating. Section 44 substituted 15 December 2001 section 14 War Pensions Amendment Act 2001
45: Pensions to unmarried females to cease on marriage
Section 45 repealed 15 December 2001 section 15 War Pensions Amendment Act 2001
46: Economic position of dependant to be considered in determining rate of pension
1: In determining the rate of pension payable to any dependant of a member of the forces, other than the spouse or partner, or surviving spouse or surviving partner, the Secretary the Secretary
2: Any pension to which this section applies may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 37 Section 46(1) amended 15 December 2001 section 16 War Pensions Amendment Act 2001 Section 46(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(2) amended 1 April 1989 War Pensions Amendment Act 1988 Miscellaneous provisions as to pensions for dependants
47: Increased pensions to
spouse or partner Notwithstanding anything to the contrary in this Part, where, pursuant to Part 3 the Secretary may, in the Secretary’s spouse or partner 1943 No 22 s 53 Section 47 heading amended 15 December 2001 section 17(1) War Pensions Amendment Act 2001 Section 47 amended 15 December 2001 section 17(2) War Pensions Amendment Act 2001 Section 47 amended 1 April 1989 War Pensions Amendment Act 1988
48: Pension to surviving spouse
, surviving partner, Notwithstanding anything in this Act, where any member of the forces has died, whether before or after the commencement of this section, from any cause not attributable to his or her service as a member of the forces, and—
a: at the date of his or her death the member was in receipt of a permanent pension under this Part at a rate not less than 70% of the maximum rate of pension that would be payable in respect of his or her total disablement; or
b: at the date of his or her death the member was not in receipt of such a pension, but the Secretary is of the opinion that, if he or she had not died, he or she could have been granted a permanent pension at a rate not less than 70% of that maximum rate,— the Secretary may, in the Secretary’s discretion, grant a pension to or on behalf of the surviving spouse , surviving partner, Section 48 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 48 heading amended 15 December 2001 section 18(1) War Pensions Amendment Act 2001 Section 48 amended 15 December 2001 section 18(2) War Pensions Amendment Act 2001
49: Pensions to dependants in respect of disablement of member to cease on his death
1: All pensions granted to the dependants of a member of the forces in respect of his disablement shall be terminated by the death of the member, but nothing herein shall affect the right of any such dependant to apply for and be granted a pension in accordance with this Act in respect of the death of the member.
2: Notwithstanding anything to the contrary in subsection (1), the Secretary may, in the Secretary’s pay period pay period
3: If any pension, allowance, or benefit payable out of public money is granted to the dependant, to take effect during the aforesaid period, the amount of any pension paid or approved for payment under this section may, notwithstanding anything to the contrary in any other Act, be taken into account in determining the amount of that other pension, allowance, or benefit to be paid in respect of the same period. 1943 No 22 s 43 Section 49(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 49(2) amended 1 February 1961 War Pensions Amendment Act 1960 Increased pensions for member of forces and dependants
50: Increased pensions while member undergoing medical treatment
If, for the purpose of undergoing any medical, surgical, or curative treatment, it is necessary, in the opinion of the Secretary the Secretary 1943 No 22 s 39(2) Section 50 amended 1 April 1989 War Pensions Amendment Act 1988 Section 50 amended 1 April 1989 War Pensions Amendment Act 1988 Pensions for persons other than dependants
51: Pensions for guardians of
parentless
1: The Secretary may, in the Secretary’s person the Secretary he or she
2: The rate of a pension under this section shall not in any case exceed the maximum rate of pension payable to the spouse or partner
3: A pension under this section shall, unless sooner terminated, cease as soon as the person in receipt thereof has not the control and care of any child of the member in respect of whom a pension is payable. 1943 No 22 s 36; 1951 No 23 s 6 Section 51 heading amended 15 December 2001 section 19(1) War Pensions Amendment Act 2001 Section 51(1) amended 15 December 2001 section 19(2)﻿(a) War Pensions Amendment Act 2001 Section 51(1) amended 15 December 2001 section 19(2)﻿(b) War Pensions Amendment Act 2001 Section 51(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 51(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 51(2) amended 15 December 2001 section 19(2)﻿(c) War Pensions Amendment Act 2001
52: Pensions for other persons
1: The Secretary may, in the Secretary’s the Secretary
2: The rate of a pension granted under this section shall not in any case exceed the maximum rate of pension prescribed for the spouse or partner, or surviving spouse or surviving partner 1943 No 22 s 45 Section 52(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 52(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 52(2) amended 15 December 2001 section 20 War Pensions Amendment Act 2001
53: Economic position of claimant to be considered in determining rate of pension
1: In determining the rate of pension payable to any claimant for a pension under section 51 section 52 the Secretary the Secretary
2: Any pension to which this section applies may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 37 Section 53(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(2) amended 1 April 1989 War Pensions Amendment Act 1988 Extension of this Part to cover special cases
54: Members of forces officially reported as missing
1: Pensions under this Part shall be payable in respect of a member of the forces who is officially reported as missing in the same manner in all respects as if the member had died in the course of his service on the date on which he was reported missing.
2: In the event of the member being subsequently reported as dead, the Secretary
3: In the event of the member being subsequently reported as living, all pensions under this section, together with any economic pensions under Part 3 1943 No 22 s 38 Section 54(2) amended 1 April 1989 War Pensions Amendment Act 1988
55: Service otherwise than as member of forces
1: The Secretary
2: Pensions under this section shall be payable to persons of the same classes and in the same cases and manner in all respects as if they were pensions payable to members of the forces or their dependants or other persons under the foregoing provisions of this Part.
3: No pension shall be granted under this section at a rate in excess of the rate that would be payable in accordance with the foregoing provisions of this Part in respect of the disablement or death of a member of the forces.
4: Nothing in this section shall apply in respect of service on or after the date of commencement of section 63 of the Accident Compensation Act 1972. 1943 No 22 s 46 Section 55(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 55(4) added 14 November 1973 War Pensions Amendment Act 1973
56: Service as member of other Commonwealth forces
1: Subject to the provisions of this section, the Secretary may, in the Secretary’s
2: Where any claimant for a pension under this section in respect of the disablement or death of a member of the forces of any country of the Commonwealth (other than New Zealand) is in receipt of a pension from the government of that country in respect of the member’s disablement or death, the Secretary may, in the Secretary’s
3: No pension shall be payable under this section to or in respect of a member of any forces while the claimant or pensioner is not actually resident in New Zealand.
4: No pension shall be granted under this section at such a rate that the aggregate rate of the pensions payable in respect of the disablement or death of the member (including any overseas pension) shall exceed the aggregate rate of the pensions that would have been payable if the member in respect of whose disablement or death the pension is granted had been a member of the New Zealand forces.
5: The provisions of section 48 surviving spouse, surviving partner,
a: that member were a member of Her Majesty’s forces established in New Zealand; and
b: any pension or part thereof received by that member from the government of any country of the Commonwealth (other than New Zealand) which in the opinion of the Board is in respect of his permanent disablement were a permanent pension under this Part. 1943 No 22 s 47; 1951 No 23 s 13 Section 56(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 56(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 56(5) added 13 September 1961 War Pensions Amendment Act 1961 Section 56(5) amended 15 December 2001 section 21 War Pensions Amendment Act 2001
56A: Arrangements with other countries for payment of pensions, etc
1: The Minister may from time to time enter into arrangements with the appropriate authority in any other country providing that the appropriate department of State of that country shall act in that country as agent for the Department for any purpose under this Act, and that the Department shall act in New Zealand as agent for that department of State for any purpose under any analogous Act of that country.
2: There shall be paid out of a Crown Bank Account
3: Without limiting the power to make regulations conferred by section 96
4: Any regulations made in accordance with subsection (3) may, so far as they relate to any particular arrangement, be made to come into force on the date on which the arrangement was entered into, notwithstanding that that date was before the date of the making of the regulations. Section 56A inserted 13 January 1966 section 3(1) War Pensions Amendment Act 1966 Section 56A(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
3: Economic pensions
Part 3 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
57: Economic pension defined
Section 57 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
58: Classes of persons entitled to claim economic pension
Section 58 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
59: Grant of economic pensions to be in discretion of War Pensions Board
Section 59 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
60: Maximum rates of economic pensions
Section 60 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
61: Special provisions where claimant refuses to accept suitable employment
Section 61 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
61A: Lump sum payment on death of economic pensioner
Section 61A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
4: Mercantile marine pensions
62: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
1: Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the mercantile marine shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred in the course of his employment or engagement as a member of the mercantile marine, and is directly attributable to the Second World War:
b: in any case where the death of the member has occurred after the termination of his employment or engagement as a member of the mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War: provided that no pension shall be payable under this Part in respect of the disablement or death of any member if in respect of the same disablement or of his death any pension is payable under Part 2 Part 5
2: Save as expressly provided in this Part, all the provisions of this Act (except Part 5 section 63
3: Nothing in this section shall apply to the spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if any person is, on 1 April 1971, in receipt of a pension under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L 1940 No 24 s 3; 1946 No 18 s 2(2) Section 62(2) amended 15 April 2003 section 6 War Pensions Amendment Act 2003 Section 62(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 62(3) amended 15 December 2001 section 22 War Pensions Amendment Act 2001 Section 62(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
63: Service as member of other Commonwealth mercantile marine
1: Subject to the provisions of this section, the Secretary may, in the Secretary’s
a: in any case where the disablement or death of the person occurred in the course of his employment or engagement as a member of that mercantile marine, and is directly attributable to the Second World War:
b: in any case where the death of the person has occurred after the termination of his employment or engagement as a member of that mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War.
2: Where any claimant for a pension or allowance under this section in respect of the disablement or death of a member of the mercantile marine of any country of the Commonwealth (other than New Zealand) is in receipt of a pension or allowance from the government of that country in respect of the member’s disablement or death, the Secretary may, in the Secretary’s
3: No pension or allowance shall be payable under this section to or in respect of a member of any mercantile marine while the claimant or pensioner is not actually resident in New Zealand.
4: No pension or allowance shall be granted under this section at such a rate that the aggregate rate of the pensions and allowances payable in respect of the disablement or death of the member (including any overseas pension or allowance) shall exceed the aggregate rate of the pensions and allowances that would have been payable if the member in respect of whose disablement or death the pension or allowance is granted had been a member of the New Zealand mercantile marine.
5: Nothing in this section shall apply to the spouse or partner spouse or partner section 66L
6: Notwithstanding anything in subsection (5), if any person is, on 1 April 1971, in receipt of a pension under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L 1943 No 21 s 3 Section 63(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 63(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 63(5) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 63(5) amended 15 December 2001 section 23 War Pensions Amendment Act 2001 Section 63(6) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
64: Compensation or damages not payable if pension payable
No person shall be entitled to claim any compensation or damages in respect of the disablement or death of any member of the mercantile marine if in respect of that disablement or death he is entitled to claim a pension or allowance under this Part. 1940 No 24 s 10
5: Emergency Reserve Corps pensions
65: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
1: Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the Emergency Reserve Corps shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred in the course of his service as a member of the Emergency Reserve Corps, and is directly attributable to that service:
b: in any case where the death of the member has occurred after the termination of his service as a member of the Emergency Reserve Corps, and is attributable to a disablement which occurred in the course of that service and which is directly attributable to that service: provided that no pension shall be payable under this Part in respect of the disablement or death of any member if in respect of the same disablement or his death any pension is payable under Part 2 Part 4
2: Save as expressly provided in this Part, all the provisions of this Act (except Part 4
3: Nothing in this section shall apply to the spouse or partner spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if the wife of any member of the Emergency Reserve Corps is, on 1 April 1971, in receipt of a pension in respect of his disablement, and is not entitled to make an election under section 66L 1943 No 22 s 55; 1946 No 17 s 4; 1949 No 25 s 8; 1951 No 23 s 10 Section 65(2) amended 15 April 2003 section 7 War Pensions Amendment Act 2003 Section 65(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 65(3) amended 15 December 2001 section 24 War Pensions Amendment Act 2001 Section 65(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
66: Compensation or damages may be taken into account in assessing rates of pensions
The Secretary 1943 No 22 s 59 Section 66 amended 1 April 1989 War Pensions Amendment Act 1988
5A: War service pensions
Part 5A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66A: Serviceman defined
Section 66A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66B: War service pensions
Section 66B repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66C: Appeal from decisions of War Pensions Board
Section 66C repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66D: Residential qualifications for war service pension
Section 66D repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66E: Rates of war service pension
Section 66E repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66F: Age supplement where war service pensioner or wife has attained age of 65 years
Section 66F repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66G: Apportionment of pensions in certain cases
Section 66G repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66H: Forfeiture of pensions of inmates of institutions
Section 66H repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66I: Review of pensions
Section 66I repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66J: Continuation of payment after death of serviceman
Section 66J repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66K: Continuation of payment after death of wife
Section 66K repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66L: Election to receive war service pension in certain cases
Section 66L repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66M: War service pensioners may elect to receive national superannuation
Section 66M repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
6: Veterans’ pensions
Part 6 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
67: Interpretation
1: In this Part and in Schedules 11 to 13 Department section 2(1) dependent child
a: whose care is primarily the responsibility of that person; and
b: who is being maintained as a member of that person’s family; and
c: who is financially dependent on that person; and
d: who is not a child in respect of whom payments are being made under section 363 employment income
a: includes—
i: subject to paragraph (b), any expenditure on account of an employee (within the meaning of section YA 1
ii: any benefit of a kind referred to in section CE 1(d) Income Tax Act 2007
iii: in the case of a person who, in the relevant period, has been provided, in respect of any office or position held by the person, with board or lodging, or the use of a house or quarters, or has been paid an allowance instead of being provided with board or lodging, or with the use of a house or quarters, the value of those benefits (and the value of the benefits is to be determined, in the case of a dispute, by the Secretary); but
b: does not include any employer’s superannuation contribution (within the meaning of section YA 1 income section 3(1) Income Test 3 or civil union partner or de facto partner $100 living alone section 67A New Zealand superannuation New Zealand Superannuation and Retirement Income Act 2001 ordinarily resident partner section 3(1) Secretary single single living alone rate Schedule 11 single sharing accommodation rate Schedule 11 spouse
2: Unless the context otherwise requires, any word or expression used in this Part or in Schedules 11 to 13 section 2 section 3(1) 1990 No 26 s 2 Section 67 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 67(1) Income Test 3 amended 27 September 2010 section 4 War Pensions Amendment Act (No 2) 2010 Section 67(1) Income Test 3 amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 67(1) Income Test 3 amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 67(1) living alone inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 67(1) New Zealand superannuation amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 67(1) partner inserted 1 July 2006 section 4 War Pensions Amendment Act 2006 Section 67(1) single substituted 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 67(1) single living alone rate inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 67(1) single sharing accommodation rate inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013
67A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1)
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house section 66B territorial sea of New Zealand internal waters Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 67A inserted 2 September 2013 section 19 Social Assistance (Living Alone Payments) Amendment Act 2013
68: Administration of veterans’ pensions
1: This Part is administered by the Department.
2: Nothing in the other Parts of this Act or the War Pensions Regulations 1956
3: In the application of any of the provisions of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Social Security Act 1964
4: Nothing in subsection (3) requires the Secretary to issue a separate code of conduct under section 11B
5: If a requirement is made under section 11 section 11B
a: to the Secretary as if the Secretary were the chief executive of the department; and
b: to every officer or employee of the Department engaged in the administration of veterans’ pensions as if they were officials or employees of the department. 1990 No 26 s 2A Section 68 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 68(3) amended 5 December 2013 section 17(2)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013
69: Delegation of Secretary’s powers
1: The Secretary may, either generally or particularly, delegate to the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
a: sections 70 to 74B
b: any other provision in this Part or the Social Security Act 1964 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
2: The provisions of sections 41 42 1990 No 26 s 2B Section 69 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 69(1)﻿(b) amended 5 December 2013 section 17(2)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Entitlement Heading inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
70: Entitlement to veteran’s pension
1: Subject to this Part and to the Social Security Act 1964
a: in any war or emergency in which New Zealand forces have served, that person either—
i: served as a member of the forces, a member of the mercantile marine, or a member of the Emergency Reserve Corps; or
ii: served as a member of the forces or as a member of the mercantile marine of any Commonwealth country (other than New Zealand) outside that Commonwealth country, and was ordinarily resident in New Zealand at the commencement of that war or emergency; and
b: that person either—
i: has attained the age at which he or she is entitled to receive New Zealand superannuation if otherwise qualified to receive it and is qualified to receive a pension under Part 2 Part 4 Part 5
ii: because of any mental or physical infirmity is, in the Secretary’s opinion, prevented from undertaking employment and, because of that infirmity, is likely to be prevented from undertaking employment permanently or for a substantial period.
2: If a person is entitled to receive a veteran’s pension on account of his or her own service, or would have been entitled to receive it had he or she been alive, the spouse or civil union partner or de facto partner or civil union partner’s or de facto partner’s or civil union partner or de facto partner
3: A person is not entitled to receive a veteran’s pension if he or she has at any time been in receipt of New Zealand superannuation unless he or she—
a: is qualified to receive a pension under Part 2 Part 4 Part 5
b: had elected to receive New Zealand superannuation under section 66M section 4 of the War Pensions Amendment Act 1986
i: before 1 April 1990, sent a written request to the Secretary to forgo national superannuation paid or payable under the Social Security Act 1964
ii: on or after 1 April 1990, sent or sends a written request to the Secretary to forgo New Zealand superannuation and to receive instead a veteran’s pension.
4: In subsection (3), New Zealand superannuation
a: New Zealand superannuation paid or payable under the New Zealand Superannuation and Retirement Income Act 2001
b: New Zealand superannuation paid or payable under the Social Welfare (Transitional Provisions) Act 1990 New Zealand Superannuation and Retirement Income Act 2001
c: national superannuation or guaranteed retirement income paid or payable, before 1 April 1994, under the Social Welfare (Transitional Provisions) Act 1990
d: national superannuation paid or payable, before 1 April 1990, under the Social Security Act 1964 1990 No 26 s 8 Section 70 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 70(2) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 70(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 70(4)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(4)﻿(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005
70A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of this Part, that question must be referred to and be decided by the Minister (as defined in section 2(1) Section 70A inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
71: Veteran’s ability to earn employment income
1: This section applies to a person who—
a: is in receipt of a veteran’s pension; and
b: qualified to receive that pension under either—
i: section 70(1)﻿(b)﻿(ii)
ii: section 8(1)﻿(b)﻿(ii)
c: has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: A person to whom this section applies will not cease to be entitled to receive a veteran’s pension merely because that person, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
3: This section applies despite section 70(1)﻿(b)﻿(ii) section 74D Section 71 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
72: Medical examination of applicant for veteran’s pension
1: The Secretary, in his or her discretion, may require any applicant for a veteran’s pension or any person in receipt of a veteran’s pension to submit himself or herself to a medical practitioner nominated by the Secretary for the purpose of a medical examination.
2: The medical practitioner must certify—
a: whether, in his or her opinion, the applicant or person in receipt of a veteran’s pension is prevented from undertaking employment as a result of a mental or physical infirmity; and
b: the estimated duration of that condition.
3: The medical practitioner must state the grounds upon which his or her opinion is founded. 1990 No 26 s 9 Section 72 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
73: Commencement of veteran’s pension
1: A veteran’s pension commences on the later of—
a: the date on which the applicant became entitled to receive it; or
b: the date on which the Department received the application for it.
2: Despite subsection (1), a person’s application for a veteran’s pension is deemed to have been received on 1 April 1990 if—
a: the person applied or applies for the veteran’s pension after 6 March 1995; and
b: the service qualifying that person for a veteran’s pension under section 70(1)﻿(a)
3: Nothing in subsection (2) limits section 70(3)
4: This section is subject to section 80AA 1990 No 26 s 10 Section 73 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 73(4) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 (2007 No 20)
74: Rates of veterans’ pensions
1: The rate of a veteran’s pension is the appropriate rate specified in Schedule 11
2: A person who is married or in a civil union or in a de facto relationship or civil union partner or de facto partner
3: However, an election to receive a veteran’s pension under clause 2 of Schedule 11
a: that or civil union partner or de facto partner
b: the combined income of the person who is married or in a civil union or in a de facto relationship or civil union partner or de facto partner
4: A person who has made an election under subsection (2) may change that election. 1990 No 26 s 11 Section 74 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74(2) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74(3)﻿(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(3)﻿(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74(3)﻿(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(3)﻿(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74A: Lump sum payments on death
On the death of any person who is ordinarily resident in New Zealand on the date of death and who is in receipt of a veteran’s pension on that date, or on the death of the spouse or civil union partner or de facto partner Schedule 12 , surviving civil union partner or surviving de facto partner 1990 No 26 s 12 Section 74A inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74A amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74A amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74B: Persons formerly receiving certain pensions or allowance entitled to veteran’s pension
1: Despite section 70(1)
2: Subclause (1) is subject to section 70(3) 1990 No 26 s 13 Section 74B inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74BA: Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home
1: This section applies to any person—
a: who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136
b: who is in receipt of a veteran’s pension, or whose spouse or partner is in receipt of a veteran’s pension.
2: A person to whom this section applies is entitled to receive a veteran’s pension at the rate payable to a person who is single—
a: stated in clause 1(a) of Schedule 11 is living alone
b: stated in clause 1(b) of Schedule 11 is not living alone
3: Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person’s spouse or partner under Part 4 Section 74BA inserted 1 July 2006 section 5 War Pensions Amendment Act 2006 Section 74BA(2)﻿(a) amended 2 September 2013 section 20(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74BA(2)﻿(b) amended 2 September 2013 section 20(2) Social Assistance (Living Alone Payments) Amendment Act 2013
74C: Annual adjustment of rates of veterans’ pensions
1: In this section,— CPI earner levy section 219(1) and (2) standard tax M section 24B
2: Subject to subsection (3), the rates of veterans’ pensions specified in clauses 1 and 2(b) of Schedule 11
2A: The adjustments (by any percentage movements upwards in the CPI) required under subsection (2) as at 1 April in any year from 2011 to 2017 (inclusive)
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
3: Every Order in Council made under subsection (2) must adjust the annual rates of the veterans’ pensions so that the weekly amount (before any abatement under section 74D
a: a couple who are married or in a civil union or in a de facto relationship
b: a single person who is living alone section 74D couple who are married or in a civil union or in a de facto relationship
c: a single person who is not living alone section 74D couple who are married or in a civil union or in a de facto relationship
4: Every Order in Council made under subsection (2) must adjust the annual rates of the veterans’ pensions so that the rate of the veteran’s pension specified in clause 2(b) of Schedule 11 section 74D
5: An adjustment under this section must not reduce the weekly amounts payable under this section.
6: Section 61H(3) to (6)
7: Every Order in Council made under subsection (2) comes into force, or is to be deemed to come into force, on 1 April of the calendar year in which it is made, and applies to veterans’ pensions payable on and after that date. 1990 No 26 s 13A Section 74C inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74C(1) standard tax amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 74C(2A) inserted 28 May 2010 section 3 War Pensions Amendment Act 2010 Section 74C(2A) amended 24 October 2012 section 3 War Pensions (Indexation—Budget Measures) Amendment Act 2012 Section 74C(3)﻿(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)﻿(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74C(3)﻿(b) amended 2 September 2013 section 21(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74C(3)﻿(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)﻿(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74C(3)﻿(c) amended 2 September 2013 section 21(2) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74C(3)﻿(c) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)﻿(c) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74D: Abatement
1: This section applies to any person in receipt of a veteran’s pension who has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: Income Test 3 does not apply to any person to whom this section applies.
3: If a person to whom this section applies receives a veteran’s pension at a rate specified in clause 1 of Schedule 11
a: 30 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $100 $200
b: 70 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $200
4: If a person to whom this section applies receives a veteran’s pension at a rate specified in clause 2 of Schedule 11
a: 30 cents for every $1 of the combined income derived by the person and the person’s spouse or civil union partner or de facto partner $100 $200
b: 70 cents for every $1 of the combined income derived by the person and the person’s spouse or civil union partner or de facto partner $200 Section 74D inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74D(3)﻿(a) amended 27 September 2010 section 5(1) War Pensions Amendment Act (No 2) 2010 Section 74D(3)﻿(a) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(3)﻿(b) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)﻿(a) amended 27 September 2010 section 5(1) War Pensions Amendment Act (No 2) 2010 Section 74D(4)﻿(a) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)﻿(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74D(4)﻿(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74D(4)﻿(b) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)﻿(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74D(4)﻿(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Payment overseas of veterans’ pensions Heading inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74E: Effect of absence from New Zealand on veteran’s pension
A person is not entitled to a veteran’s pension while that person is absent from New Zealand, except as provided in sections 74F to section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 1990 No 26 s 17A(1) Section 74E inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74E amended 5 December 2013 section 17(2)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 74E amended 5 January 2010 section 4 War Pensions Amendment Act 2009
74F: First 26 weeks of certain temporary absences
A veteran’s pension that would otherwise be payable to a person (other than a person who is receiving a veteran's pension overseas under section 74J
a: the person’s absence does not exceed 30 weeks; or
b: the person’s absence exceeds 30 weeks and the Secretary is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person’s control that he or she could not reasonably have foreseen before departure. 1990 No 26 s 17A(2) Section 74F inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74F amended 5 January 2010 section 5 War Pensions Amendment Act 2009
74G: Absences up to 2 years for medical treatment
The Secretary may, in the Secretary’s discretion, pay a veteran’s pension to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her spouse , civil union partner or de facto partner 1990 No 26 s 17A(3) Section 74G inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74G amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74G amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74H: Absences up to
156
1: The Secretary may pay a veteran’s pension to any person who—
a: is otherwise entitled to receive it; and
b: is absent from New Zealand for a period not exceeding 156
c: is engaged, while absent from New Zealand, in full-time voluntary and unpaid humanitarian work for a recognised aid agency that—
i: has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and
ii: has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.
2: The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1). 1990 No 26 s 17A(3A), (3B) Section 74H inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74H heading amended 1 July 2006 section 6(1) War Pensions Amendment Act 2006 Section 74H(1)﻿(b) amended 1 July 2006 section 6(2) War Pensions Amendment Act 2006
74I: Date absence commences
If a person who is absent from New Zealand would have become entitled to a veteran’s pension during his or her absence but for section 74E 1990 No 26 s 17A(4) Section 74I inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74J: Payment overseas of veteran's pension
1: This subsection—
a: applies to a country if it is not a country with whose government New Zealand has a reciprocal agreement or convention, in force under section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 74N(1)
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) applies is entitled to be paid a veteran's pension at the appropriate rate specified in subsection (6)—
a: in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1) applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 74N(1)
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: begins to reside in New Zealand again; or
iii: begins to receive a veteran's pension otherwise than under this section; and
iv: begins to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001
b: in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she—
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: returns to New Zealand.
3: For the purposes only of subsection (2)﻿(b)﻿(ii), a person does not return to New Zealand if—
a: he or she—
i: interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand—
i: begin to receive a veteran's pension otherwise than under this section; or
ii: begin to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001
4: Except to the extent provided by paragraphs (a)﻿(i) and (b)﻿(i) of subsection (2), a person does not cease to be entitled to be paid a veteran's pension under that subsection by reason only of changing his or her intentions after leaving New Zealand.
5: Subsection (4) is for the avoidance of doubt.
6: The rates referred to in subsection (2) are,—
a: for a single person, a rate that is a proportion (calculated under section 74JA(1) clause 1(b) of Schedule 11
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under section 74JA(1)
7: If section 74D section 74JA(1)
8: This section is subject to section 74JB Section 74J substituted 5 January 2010 section 6 War Pensions Amendment Act 2009 Section 74J(1)﻿(a) amended 5 December 2013 section 17(2)﻿(d) Social Welfare (Transitional Provisions) Amendment Act 2013
74JA: Calculation of amount of veteran's pension payable overseas
1: The proportion referred to in sections 74J(6) and (7)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b); and
d: dividing by 540 the total calculated under paragraph (c).
2: In the determination for the purposes of subsection (1) of the periods during which a person has resided in New Zealand, no account is to be taken of—
a: any period of absence from New Zealand of a kind described in section 9(1)
b: any period of absence from New Zealand—
i: while the person was engaged in missionary work (within the meaning of section 10(4)
ii: while the person's spouse or partner was engaged in missionary work (within the meaning of section 10(4)
c: any period of absence from New Zealand while the person was (by virtue of section 79(1)﻿(a)
d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)﻿(a)
3: Subsection (2) applies to a period of absence only if the Secretary is satisfied that during it the person concerned remained ordinarily resident in New Zealand.
4: Subsection (2)﻿(b) applies to a period of absence only if the Secretary is satisfied that the person concerned either was born in New Zealand or—
a: in the case of a person to whom subsection (2)﻿(b)﻿(i) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to engage in the missionary work concerned:
b: in the case of a person to whom subsection (2)﻿(b)﻿(ii) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to accompany or join his or her spouse or partner. Section 74JA inserted 5 January 2010 section 6 War Pensions Amendment Act 2009
74JB: Entitlement
A person is not entitled to be paid a veteran's pension under section 74J
a: has made an application for the payment of a veteran's pension under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
b: is ordinarily resident and present in New Zealand on the day he or she makes the application, and—
i: is entitled to receive a veteran's pension on that day; or
ii: will become entitled to receive a veteran's pension before he or she leaves New Zealand. Section 74JB inserted 5 January 2010 section 6 War Pensions Amendment Act 2009
74K: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 74J
2: The Secretary may accept an application for payment in accordance with section 74J
3: If the Secretary has accepted an application under subsection (2) and, after the applicant left New Zealand, the applicant has been paid any instalment of a veteran’s pension in accordance with sections 74F to 74I 1990 No 26 s 17(3), (5) Section 74K inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74L: Date of commencement of payment overseas
1: The date of commencement of payment overseas of a veteran’s pension under section 74J
2: However, in the case of an application under section 74K
3: Subsection (2) is subject to section 80AA 1990 No 26 s 17(4) Section 74L inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74L(3) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 (2007 No 20)
74M: Relationship with other benefit provisions
1:
2:
3: A person who is receiving a veteran’s pension overseas under section 74J temporary additional support, section 124(1)﻿(d)
4: Despite the provisions of section 80BD section 74J
5: Except as otherwise provided in this section, the provisions of the Social Security Act 1964 (other than sections 69G to 69I , 70 74(1)﻿(a) 75 76 77 82(7) 75A 76 section 74J 1990 No 26 s 17(6)–(9) Section 74M inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74M(1) repealed 5 January 2010 section 7(1) War Pensions Amendment Act 2009 Section 74M(2) repealed 5 January 2010 section 7(1) War Pensions Amendment Act 2009 Section 74M(3) amended 2 September 2013 section 22 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74M(3) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 74M(4) amended 5 January 2010 section 7(3) War Pensions Amendment Act 2009 Section 74M(5) amended 5 January 2010 section 7(4) War Pensions Amendment Act 2009
74N: Specified Pacific country
1: In sections 74O to 74S specified Pacific country
a: that is listed in Schedule 13
b: that is not a country with which New Zealand has a reciprocal agreement in force under section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
2: The Governor-General may, by Order in Council, amend Schedule 13
a: adding the name of any Pacific country or territory; or
b: omitting the former name of a country or territory and substituting its new name.
3: The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.
4: The Order in Council applies to payments of the veteran’s pension under section 74O
5: Section 61H(3) to (6) 1990 No 26 s 17B Section 74N inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74N(1)﻿(b) amended 5 December 2013 section 17(2)﻿(e) Social Welfare (Transitional Provisions) Amendment Act 2013
74O: Entitlement to be paid veteran’s pension in specified Pacific country
1: A person entitled to receive a veteran’s pension is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 74P
2: This subsection applies to a person—
a: who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and
b: who is resident and present in New Zealand on the date of his or her application to be paid a veteran’s pension in a specified Pacific country; and
c: who—
i: is entitled to receive a veteran’s pension on the date of the application; or
ii: will be entitled to receive a veteran’s pension before leaving New Zealand; and
d: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her.
3: This subsection applies to a person—
a: who was, immediately before this section came into force, being paid a veteran’s pension while resident in a specified Pacific country under section 17BA
b: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her. 1990 No 26 s 17BA Section 74O inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74P: Rates of payment of veteran’s pension payable to people resident in specified Pacific countries
1: The rate of veteran’s pension payable under section 74O
a: in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:
b: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula: a × b 20 where—
a: is the base rate
b: is the whole number of years the person has resided in New Zealand since turning 20 years:
c: in the case of a person who is resident in a specified Pacific country and was, immediately before this section came into force, being paid a veteran’s pension under section 17BA
i: the amount he or she was being paid immediately before that date (subject to abatement under section 74D
ii: the appropriate amount payable under paragraph (a) or paragraph (b).
2: For the purposes of this section, the base rate is,—
a: in the case of a single person, the amount stated in clause 1(b) of Schedule 11 section 74D
b: in the case of a person who is married or in a civil union or in a de facto relationship section 74D
3: However, if section 70 1990 No 26 s 17C Section 74P inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74P(2)﻿(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74P(2)﻿(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74Q: Commencement and termination of payments
1: The commencement date of payment of a benefit paid under section 74O
a: in the case of a person to whom section 74O(2)
b: in the case of a person to whom section 74O(3)
2: When a person being paid a benefit under section 74O 1990 No 26 s 17D Section 74Q inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74R: Effect on other benefits
A person being paid a benefit under section 74O
a: any supplementary or special benefit, temporary additional support, section 124(1)﻿(d)
b: 1990 No 26 s 17E Section 74R inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74R(a) amended 2 September 2013 section 23(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74R(a) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 74R(b) repealed 2 September 2013 section 23(2) Social Assistance (Living Alone Payments) Amendment Act 2013
74S: Application of this Act and Social Security Act 1964
1: Sections 74E to 74M section 74O
2: The Social Security Act 1964, except sections 74(a) 75 75A 76 77 80 section 74O 1990 No 26 s 17F Section 74S inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74T: Certain former economic pensioners may be paid up to the full rate of veteran’s pension overseas
Despite sections 74(a) 77 sections 74J to 74M 1990 No 26 s 18 Section 74T inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74U: Living alone payments
Section 74U repealed 2 September 2013 section 24 Social Assistance (Living Alone Payments) Amendment Act 2013
74V: Commencement of living alone payments
Section 74V repealed 2 September 2013 section 24 Social Assistance (Living Alone Payments) Amendment Act 2013
74W: Transitional provision for existing veteran’s pension entitlements
Every person who, immediately before the commencement of this Part, was entitled to receive a veteran’s pension, with or without a living alone payment, under the Social Welfare (Transitional Provisions) Act 1990 Section 74W inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
75: Lump sum payment on death of wife of war veteran
Section 75 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
7: General provisions
75A: War servicemen’s dependants’ allowances
Section 75A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
75B: Additional pension or allowance for dependent children
Section 75B repealed 1 October 1986 War Pensions Amendment Act (No 3) 1986
75C: Rates of pensions
, lump sum payments,
1: The Governor-General may from time to time, by Order in Council, amend—
a: Schedules 1 2 4 5
ab: Schedule 11 Schedule 12
b: Schedule 9
2: Every Order in Council made under subsection (1) shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to pensions , lump sum payments,
2A: The Order in Council must, for lump sum payments on death, state that it applies in respect of persons who die on or after the date that is specified in the Order in Council.
3: Every Order in Council made under this section and presented to the House of Representatives under section 41
4: Every Order in Council made under this section and presented to the House of Representatives under section 41
5: Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.
6: The validity of any Order in Council made under this section shall not be affected by reason only of the repeal of an Act of Parliament validating and confirming it. Section 75C substituted 19 March 1990 War Pensions Amendment Act 1990 Section 75C heading amended 15 April 2003 section 9(1) War Pensions Amendment Act 2003 Section 75C(1) substituted 2 October 1996 War Pensions Amendment Act 1996 Section 75C(1)﻿(ab) inserted 15 April 2003 section 9(2) War Pensions Amendment Act 2003 Section 75C(1)﻿(ab) amended 1 July 2006 section 8 War Pensions Amendment Act 2006 Section 75C(2) amended 15 April 2003 section 9(3) War Pensions Amendment Act 2003 Section 75C(2A) inserted 15 April 2003 section 9(4) War Pensions Amendment Act 2003 Section 75C(3) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 75C(4) replaced 5 August 2013 section 77(3) Legislation Act 2012
76: Wives and children of Maoris
Section 76 repealed 15 December 2001 section 25 War Pensions Amendment Act 2001
77: Conjugal status for purposes of pension or allowance
For the purposes of any claim for any pension or allowance under this Act, or of reviewing any pension or allowance already granted, or of determining the rate of any pension or allowance, the Secretary may, in the Secretary’s
a:
b:
c: regard as a single person any claimant or pensioner who is married or in a civil union and who is living apart from his or her spouse or civil union partner— and may, in the Secretary’s Section 77 substituted 10 October 1975 War Pensions Amendment Act 1975 Section 77 amended 1 April 1989 War Pensions Amendment Act 1988 Section 77 amended 1 April 1989 War Pensions Amendment Act 1988 Section 77(a) repealed 15 December 2001 section 26 War Pensions Amendment Act 2001 Section 77(b) repealed 15 December 2001 section 26 War Pensions Amendment Act 2001 Section 77(c) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
78: Money received for military decorations
In computing the rate of any pension or allowance under this Act, the Secretary 1943 No 22 s 70(2) Section 78 amended 1 April 1989 War Pensions Amendment Act 1988
78A: Sick benefits received from friendly society
1: Where a claimant for a pension or allowance under this Act, or the spouse or the partner the Secretary $2
2: If any question arises as to whether any moneys received or receivable are of a like nature to a sick benefit payable by a friendly society it shall be determined by the Secretary Section 78A inserted 13 September 1961 War Pensions Amendment Act 1961 Section 78A(1) amended 15 December 2001 section 27 War Pensions Amendment Act 2001 Section 78A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 78A(2) amended 1 April 1989 War Pensions Amendment Act 1988
78B: Exemption of income from former home property
Section 78B repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
78C: Exemption of income from supplementary assistance
Section 78C repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
79: Personal earnings from domestic service in a private home
Section 79 repealed 14 May 1969 War Pensions Amendment Act 1969
79A: Allowable income of persons who have attained 65 years of age
Section 79A treated as repealed 1 October 1960 War Pensions Amendment Act 1960
80: Limitation of claims by persons entitled to 2 or more pensions for disablement of same person
1: Where a claim for a pension or allowance under this Act is made in respect of the disablement of any person by a claimant who is then in receipt of a pension or allowance granted in New Zealand under this or any other Act in respect of the disablement of the same person, the rate of the pension (if any) that may be granted to the claimant under this Act shall not exceed the difference between the aggregate of the rates of the pensions and allowances that have been already granted to the claimant and the aggregate of the rates of the maximum pensions and allowances that could be granted to the claimant under this Act if all the claims in respect of the disablement of that person had arisen in respect of 1 occasion only and a pension therefor had been payable in accordance with this Act.
2: Except as provided in section 80B the Accident Compensation Act 1982 1943 No 22 s 70(1) Section 80(2) added 14 November 1973 War Pensions Amendment Act 1973
80A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service Section 80A inserted 24 September 1965 War Pensions Amendment Act 1965 Section 80A heading amended 14 November 1973 War Pensions Amendment Act 1973 Section 80A amended 14 November 1973 War Pensions Amendment Act 1973
80B: Special provisions relating to accident compensation
If a person receives or is entitled to receive in respect of himself or his dependants, or if any of his dependants receives or is entitled to receive, compensation under the Accident Compensation Act 1972
a: in the case of a pension in respect of disablement or death which occurs while on service during a war or an emergency, or which is attributable to or aggravated by service in a war or emergency, no account shall be taken of any such compensation:
b: in the case of any other pension or allowance payable under this Act, the Secretary may, in the Secretary’s Section 80B inserted 14 November 1973 War Pensions Amendment Act 1973 Section 80B(b) amended 1 April 1989 War Pensions Amendment Act 1988
81: Rates of pension where overseas pension payable
1: In this section— analogous New Zealand pension the Social Security Act 1964 the Secretary overseas pension
2: Notwithstanding anything to the contrary in this Act, where any person entitled to receive a pension or allowance under this Act or the spouse or partner the Secretary the Secretary , unless the Secretary 1951 No 23 s 21 Section 81(1) analogous New Zealand pension amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(1) analogous New Zealand pension amended 1 April 1965 Social Security Act 1964 Section 81(2) amended 15 December 2001 section 28 War Pensions Amendment Act 2001 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 14 October 1966 section 4 War Pensions Amendment Act 1966
82: Persons receiving superannuation benefit under Social Security Act not to receive certain war pensions and allowances
Section 82 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
83: Death of claimant for pension
Where any claimant for a pension or allowance under this Act dies before the completion by the Secretary of the investigation of the claim, the Secretary shall continue the investigation section 85 Section 83 amended 15 April 2003 section 10 War Pensions Amendment Act 2003 Section 83 amended 1 April 1989 War Pensions Amendment Act 1988
84: Date of commencement of pensions
Except as may be otherwise provided in this Act, all pensions and allowances granted thereunder shall be payable as from a date to be fixed in that behalf by the Secretary 1940 No 24 s 8; 1943 No 22 ss 67, 73 Section 84 amended 1 April 1989 War Pensions Amendment Act 1988
84A: Payment of pensions and allowances
1: Every pension or allowance shall be payable by instalments of such number of weeks’ pension or allowance on such day or date of the month as the Secretary from time to time determines: provided that where a temporary pension at a fixed weekly rate has been granted by the Secretary the Secretary
2: The amount of a weekly instalment of a pension or allowance that is payable at an annual rate shall be ascertained by dividing the annual rate by 52.
3: Except as otherwise provided in this Act, every instalment of a pension or allowance shall be paid in such manner and at such place as may be determined from time to time by the Secretary. Section 84A substituted 16 October 1978 War Pensions Amendment Act 1978 Section 84A(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 84A(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988
85: Disposition of accrued pension unpaid at date of death
1: On the death of any person in receipt of a pension or allowance under this Act, the pension or allowance shall terminate on the date of death.
2: Subject to subsection (3), the amount of any pension or allowance unpaid at the date of death may, in the discretion of the Secretary the Secretary
a: to or for the benefit of the surviving spouse or surviving partner provided that if the deceased is survived by a surviving spouse or surviving partner surviving spouse or surviving partner
b: to or for the benefit of any person who, in the Secretary’s
c: to or for the benefit of any person who, in the Secretary’s
d: to the estate of the deceased:
e: to the War Pensions Medical Research Trust Fund established under section 18I provided that any payment to that Trust Fund shall not be made before the expiry of a period of 6 months after the date of death of the deceased.
3: If an appeal has been made under section 85A Section 85 substituted 1 November 1976 section 5 War Pensions Amendment Act 1976 Section 85(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2)﻿(a) amended 15 December 2001 section 29(a) War Pensions Amendment Act 2001 Section 85(2)﻿(a) proviso amended 15 December 2001 section 29(b) War Pensions Amendment Act 2001 Section 85(2)﻿(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2)﻿(c) amended 1 April 1989 War Pensions Amendment Act 1988
85A: Appeal against decision of War Pensions Board
1: Any person aggrieved by the decision of the Secretary section 85 (other than a decision made under the proviso to section 85(2)﻿(a)) Secretary’s
a: if the amount of money claimed by the appellant is more than $2,000, to the High Court
b: if the amount of money claimed by the appellant is $2,000 or less, to a District Court in section 85
2:
3: Every appeal under this section shall be by notice of appeal in writing which shall state the grounds of the appeal.
4: Subject to rules of court, every notice of appeal to the High Court
5: Either before or immediately after the lodging of the notice of appeal, the appellant shall deliver or send a copy of it to the Secretary.
6: The Registrar of the court shall give notice of the time and place fixed for the hearing of the appeal to the appellant and to the Secretary. The Secretary, either personally or by his counsel, shall be entitled to be present and to be heard at the hearing of the appeal.
7: On hearing the appeal the court may confirm, modify, or reverse the decision appealed against.
8: The Registrar of the court shall transmit to the Secretary a memorandum of the court’s decision.
9: Every decision of a District Court or High Court Section 85A inserted 12 December 1968 War Pensions Amendment Act 1968 Section 85A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85A(1) amended 1 November 1976 section 6(a) War Pensions Amendment Act 1976 Section 85A(1) amended 1 November 1976 section 6(b) War Pensions Amendment Act 1976 Section 85A(1)﻿(a) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 85A(1)﻿(b) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 85A(2) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 85A(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 85A(9) amended 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 85A(9) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
86: Payment of pensions out of New Zealand
1: Except as provided in this section no pension or allowance under this Act shall be paid in respect of any period during which the claimant or the pensioner is not for the time being in New Zealand.
2: Pensions, allowances, and gratuities under this Act, other than allowances and gratuities under Part 6 the Secretary spouse, civil union partner, or surviving spouse or surviving civil union partner
2A:
2B:
2C:
3: Allowances under Part 6 the Secretary
3A:
4: For the purposes of this section, persons in respect of whose disablement or death pensions are granted under section 55 1943 No 22 s 74; 1948 No 78 s 27 Section 86(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 86(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 86(2) amended 14 October 1966 section 5(1) War Pensions Amendment Act 1966 Section 86(2A) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(2B) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(2C) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 86(3A) repealed 14 October 1966 section 5(2) War Pensions Amendment Act 1966
87: Refusal or forfeiture of pension in respect of imprisonment
1: Notwithstanding anything to the contrary in this Act, the Secretary, in the Secretary’s prison
2: Where any instalment of a pension or allowance that has been granted to any person is forfeited, in whole or in part, under subsection (1), there may, in the discretion of the Secretary the Secretary 1943 No 22 s 75; 1945 No 12 s 4; 1946 No 17 s 7 Section 87 heading amended 10 October 1975 War Pensions Amendment Act 1975 Section 87(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 87(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 87(1) amended 10 October 1975 War Pensions Amendment Act 1975 Section 87(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 87(2) amended 1 April 1989 War Pensions Amendment Act 1988
87A: Refusal or reduction of pension in certain cases
Where the Secretary spouse or partner Secretary in the Secretary’s the Secretary spouse or partner Section 87A inserted 1 October 1958 War Pensions Amendment Act 1958 Section 87A amended 15 December 2001 section 30 War Pensions Amendment Act 2001 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988
88: Appeals to a Magistrate
Section 88 repealed 10 October 1975 War Pensions Amendment Act 1975
89: Pensions and allowances absolutely inalienable
1: No pension or allowance under this Act shall be capable of being assigned or charged or of passing to any other person by operation of law: provided that nothing herein shall be construed to prevent the Secretary the person’s spouse or partner
2: Every person commits an offence and shall be liable on $100 1943 No 22 s 71 Section 89(1) proviso amended 15 December 2001 section 31 War Pensions Amendment Act 2001 Section 89(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 89(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
90: Recovery of payments made in error
1: If any pension or allowance under this Act is granted to any person not entitled thereto or if any instalment of any such pension or allowance is paid to any person not entitled to receive the same or is paid in excess of the proper rate, any amount so paid in error may be recovered at the suit of the Secretary, as a debt due to the Crown by the person to whom it was so paid, or the Secretary may make any necessary adjustments in any instalment or instalments of that or any other pension or allowance thereafter becoming payable.
2: Notwithstanding anything to the contrary in this section, the Secretary may, in his discretion, authorise the provisional writing-off of a debt which arose as a result of an error not intentionally contributed to by the debtor if the Secretary is satisfied that the person receiving the amount so paid in error did so in good faith and has so altered his position in reliance on the validity of the payment that it would be inequitable in all the circumstances, including his financial circumstances, to require repayment. 1943 No 22 s 80 Section 90(2) added 14 November 1973 War Pensions Amendment Act 1973
91: Pensions not to be taken into account in assessing compensation or damages
Except as may be otherwise provided in this or any other Act, no account 1943 No 22 s 77 Section 91 amended 14 November 1973 War Pensions Amendment Act 1973
92: Offences
Every person commits an offence against this Act and shall be liable on $200
a: makes any false statement to or otherwise misleads or attempts to mislead an Appeal Board, the Secretary, a national review officer, or a claims panel, or any other officer or person concerned in the administration of this Act; or
b: whether or not he is a claimant for a pension or allowance under this Act, does not faithfully disclose all particulars properly required to be disclosed by him in relation to any claim; or
c: accepts payment of any instalment of any pension or allowance under this Act to which he is not entitled. 1943 No 22 s 78 Section 92 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 92(a) amended 1 April 1989 War Pensions Amendment Act 1988
93: Time for filing charge
Despite anything to the contrary in section 25 Criminal Procedure Act 2011 Section 93 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
94: Money payable out of
Crown Bank Account
1: There shall from time to time be paid out of a Crown Bank Account
a: all money required to be expended in providing pensions and allowances and making other payments under this Act:
b: all expenditure incurred in the administration of this Act:
c: any money that may be appropriated by Parliament for the purpose of granting supplementary assistance under any welfare programme approved by the Minister.
2: Where—
a: pursuant to subsection (1) any payment is made out of a Crown Bank Account
b: the payment was obtained by fraud, or the spouse or partner the Secretary the provisions of sections 26 90 the Secretary Section 94 substituted 13 November 1964 War Pensions Amendment Act 1964 Section 94 heading amended 1 July 1989 section 83(7) Public Finance Act 1989 Section 94(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 94(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 94(2)﻿(a) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 94(2)﻿(b) amended 15 December 2001 section 32 War Pensions Amendment Act 2001 Section 94(2)﻿(b) amended 1 April 1989 War Pensions Amendment Act 1988
95: Power to extend Parts 4 and 5 to future wars
The Governor-General may, by Order in Council, upon or subject to such conditions as he thinks fit,—
a: extend the provisions of Part 4
b: extend the provisions of Part 5
96: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for the purposes of this Act.
2: Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes:
a: prescribing procedure in respect of claims for pensions and allowances, appeals against the decisions of the Secretary
b: prescribing fees for the medical examination of claimants and pensioners for the purposes of this Act:
c: providing for medical and surgical treatment of members of the New Zealand or any other Commonwealth forces, the mercantile marine of New Zealand or of any other country of the Commonwealth, and the Emergency Reserve Corps; and for the supply of necessary surgical and other appliances and equipment for any such members:
d: providing special accommodation for or grants towards the cost of providing special accommodation and furniture for any such members suffering from pulmonary tuberculosis:
e: providing for funeral grants in respect of any such deceased members:
f: providing for payment of travelling expenses and allowances in respect of any such members undergoing medical or surgical examination or treatment, and for the payment of compensation for wages lost as a result of any such examination or treatment, and, in respect of any such member who is unfit to travel, for the payment of the travelling expenses of his next of kin or other person nominated by him in visiting him in hospital:
g: providing for travelling allowances and concessions in respect of any such disabled members and, in cases where the member is unfit to travel alone, in respect of an escort:
h: contributing by way of grants and interest-free loans towards the cost of purchasing motor vehicles for pensioners suffering from serious disabilities, and towards the cost of fitting special controls to any such vehicles:
i: providing for educational bursaries for children of any such member.
2A: Any regulations made under subsection (2) may be expressed to have come into force before the date on which they were made.
3: 1943 No 22 s 82 Section 96(2)﻿(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 96(2A) inserted 29 September 1981 section 2(1) War Pensions Amendment Act 1981 Section 96(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
97: Repeals and savings
1: The enactments specified in Schedule 10
2: Without limiting the provisions of the Acts Interpretation Act 1924
3: Notwithstanding anything to the contrary in this Act, where, at the date of the passing of this Act, any person is, by virtue of the provisions of subsections (2) and (3) of section 19 of the War Pensions Amendment Act 1951, in receipt of a pension or allowance to which he would not otherwise be entitled or at a greater rate than that to which he would otherwise be entitled, the Secretary
4: Notwithstanding anything to the contrary in this Act, where, at the date of the passing of this Act, any pension in respect of any child is, by virtue of the provisions of section 5 of the War Pensions Amendment Act 1946, payable at a rate in excess of that provided for in this Act, the Secretary
5: The amendments made to the principal Act by the War Pensions Amendment Act 2001
6: The amendments made to the principal Act by the War Pensions Amendment Act 2001 the surviving spouse’s pension
a: in official forms, computer programs, and other documents; or
b: for the purposes of assessment of eligibility and payment; or
c: for any other official purpose. 1943 No 22 s 83; 1946 No 17 s 5; 1951 No 23 s 19(2), (3) Section 97(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 97(4) amended 1 April 1989 War Pensions Amendment Act 1988 Section 97(5) added 15 December 2001 section 33 War Pensions Amendment Act 2001 Section 97(6) added 15 December 2001 section 33 War Pensions Amendment Act 2001