“dependant, in relation to a member of the defence force, means—

• “(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

“member of the family, in relation to a family that includes a member of the forces, means—

• “(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 means a member of the defence force

“partner, in relation to a member of the forces, means a person with whom the member is in a relationship

“relationship means a relationship between a member of the forces and another person of the same or different sex who live together and are not married to one another and that is within a class of relationships specified as recognised relationships in guidelines issued by the Secretary

“spouse, in relation to a member of the forces who is married, means the person to whom the member is married”.

“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, as the case may require, the date of commencement of the relationship; and

  • “(b) at the date of the marriage or, as the case may require, the date of commencement of the relationship, the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.

“35 Pensions to surviving spouses or surviving partners to cease on remarriage or commencement of new 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, as the case may require, on the commencement of a new relationship by him or her.

  “(2) Despite anything to the contrary in subsection (1), on the remarriage of a surviving spouse or surviving partner or, as the case may require, on the commencement of a new relationship by him or her, 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, as the case may require, the 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, as the case may require, the surviving partner, of a member of the forces.

  “(5) For the purposes of this section, a new relationship includes a relationship that the Secretary regards as a relationship under section 2(1).

“35A Reinstatement of surviving spouse's or surviving partner's pension

• “(1) Despite anything in section 35, if a pension payable to the surviving spouse or the surviving partner of a member of the forces has ceased under that section because of remarriage or the commencement of a new relationship, and that remarriage or new relationship has subsequently terminated or irreconcilably broken down within 5 years after the date of remarriage or the commencement of the new relationship, the Secretary may, in the Secretary's discretion, reinstate the pension previously payable.

  “(2) The rate of any pension reinstated under subsection (1) is the appropriate rate specified in the Fourth Schedule of this Act as if the pension had been granted under section 32.”

“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.”

• “(5) The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not confer any entitlement on any person in respect of any period before the commencement of the War Pensions Amendment Act 2001.

• “(6) The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not prevent any department from continuing to describe the pension known, before the commencement of the War Pensions Amendment Act 2001, as the surviving spouses pension by that name after the commencement of that Act—

  • “(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.”