For the purposes of this Act, a person must be appointed under section 61A of the Defence Act 1990 as the Secretary for War Pensions.

The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act.

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—

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 of the State Sector Act 1988 such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, including the power of delegation conferred by this subsection.

Any delegation under this section may be made to—

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.

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.

A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.

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.

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.

Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5.

A Deputy Secretary for War Pensions may from time to time be appointed under section 61A of the Defence Act 1990 and, subject to the control of the Secretary, the Deputy Secretary has and may exercise all the powers, duties, and functions of the Secretary.

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.

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.

There is hereby established a board to be called the War Pensions Advisory Board.

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.

The Advisory Board shall consist of—

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.

The appointed member of the Advisory Board may at any time resign by written notice to the Minister.

The powers of the Advisory Board shall not be affected by any vacancy in its membership.

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.

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) shall be the presiding member for that meeting.

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.

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.

The National President of the New Zealand Returned Services’ Association (Incorporated) may appoint an officer or the chief executive officer of that association to attend any meeting of the Advisory Board in the place of the National President.

The Minister may from time to time appoint a deputy for the medial member, who shall be a medical practitioner; and the person appointed shall hold office at the Minister’s pleasure and may act in place of the medical member for whom he or she is the deputy while that member is unable to attend any meeting of the Advisory Board.

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.

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.

At any meeting of the Advisory Board the quorum shall be 2 members.

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.

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.

Subject to this Act and to the rules of the Advisory Board, the Advisory Board may regulate its own procedure.

All secretarial and administrative services required for the purposes of the Advisory Board shall be supplied by the Department.

The Advisory Board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.

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, from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.

The Advisory Board shall have the following powers and functions:

For the purposes of this Act there shall be such number of War Pensions Appeal Boards as the Minister thinks fit.

A War Pensions Appeal Board shall consist of not more than 4 members, who shall be appointed by the Minister and shall hold office during his pleasure:

provided that no member of an Appeal Board shall hold office for a continuous period of more than 3 years without reappointment.

Two members of each Appeal Board shall be medical practitioners and one of those members shall be appointed as a representative of the members of the forces on the nomination of the New Zealand Returned Services’ Association (Incorporated).

Each Appeal Board shall be distinguished by such distinctive name as the Minister thinks fit.

Except as provided in subsections (6) and (7), all members of an Appeal Board shall be present at the hearing of any appeal under this Act from any decision of the Secretary.

At the hearing of an appeal lodged under section 16(1)(c), the Chairman of the Appeal Board, 1 medical practitioner appointed under subsection (3), and the member appointed as a representative of the members of the forces under the said subsection, shall constitute a quorum.

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.

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.

The Minister may from time to time appoint a person to be the deputy of any member of any Appeal Board.

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 medical practitioner shall also be a medical practitioner.

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 shall in that event have all the powers of that member.

For the purpose of appointing any member of any Appeal Board who is required by this Act to be nominated by the New Zealand Returned Services’ Association (Incorporated), the Minister may require that Association to submit more than 1 but not more than 3 nominations, and on receipt of those nominations the Minister may appoint such one of the persons so nominated as he thinks fit.

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).

There shall be paid to the members of any Appeal Board remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if every such Board were a statutory Board within the meaning of that Act.

For the purpose of carrying out their several functions under this Act, the Secretary and the Appeal Boards shall be deemed to be Commissions appointed under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any regulations made under this Act, all the provisions of that Act shall apply accordingly.

All claims for or in respect of pensions or allowances under this Act shall be made in writing.

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.

As soon as practicable after receiving a claim under this section, the Secretary shall consider it and may either—

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.

If a claimant, whose right of appeal under section 16 against a decision made under subsection (3) of this section has not been exercised and has lapsed, satisfies the Secretary that, because of additional evidence becoming available or for any other reason, it is desirable in the interests of justice that the claim should be reconsidered, the Secretary shall accept from the claimant a fresh claim; and any such claim shall be dealt with in accordance with section 15E.

The Secretary must maintain a sufficient number of war pensions claims panels.

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).

Each claims panel consists of—

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.

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).

There may be paid to the member of the claims panel appointed under subsection (2)(b), out of a Crown Bank Account from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 as if the panel were a statutory board within the meaning of that Act; and that Act shall apply accordingly.

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, such of the Secretary’s powers, functions, and discretions under sections 14(2) to (4), 19, 21 to 27, 34, 35, 35A, 48, and 66A and (in the case of a delegation to a national review officer) sections 14(5), 16(4), and 85 as the Secretary determines.

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.

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.

A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.

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.

Every delegation under this section to a specified claims panel shall continue to have effect notwithstanding any change in the membership of the panel.

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.

Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5.

Where a claims panel is to consider any claim pursuant to a delegation under section 15A—

Every decision of a claims panel shall be unanimous.

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.

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 for consideration.

The Secretary may from time to time appoint 1 or more officials or employees of the Department to be a national review officer.

Any claimant who is dissatisfied with the decision of any claims panel may, within 6 months after being notified of the decision, apply to a national review officer for the decision to be reviewed.

On receiving an application under subsection (1) or on receiving written opinions pursuant to section 15B(4), the national review officer shall review the decision or consider the claim, as the case may require.

On reviewing a decision following an application under subsection (1), the national review officer may, in accordance with this Act,—

On considering a claim forwarded under section 15B(4), the national review officer, after taking into account the opinions of the members of the claims panel, shall consider the claim and make a decision on it.

The provisions of section 15B(1)(a) to (d), with the necessary modifications, shall apply in respect of the review of a decision and the consideration of a claim by a national review officer under this section.

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.

If an application for reconsideration of a claim is received under section 14(5) or section 16(4), the Secretary or a national review officer (if authorised to do so pursuant to a delegation) shall determine, in accordance with whichever of those subsections is applicable, whether the fresh application should be accepted.

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.

Within 6 months after the date on which any decision of the Secretary or a national review officer (whether made before or after the commencement of this Act) has been communicated to him, the claimant, by notice in writing posted or delivered to the Secretary, may appeal from the decision in so far as it consists of—

On receipt of any such appeal the Secretary shall submit the appeal to a War Pensions Appeal Board, which may confirm the decision or may, in accordance with the provisions of this Act, grant or refuse to grant a pension, or increase or reduce the rate of any pension, or terminate any pension.

Any decision of an Appeal Board may be made retrospective if and to such extent as that Board thinks fit.

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 dealt with in all respects as if it were an original application for a pension.

If any person has the right to apply for the review of any decision pursuant to section 15D, an Appeal Board shall not consider an appeal against the decision under this section until a national review officer has completed a review of the decision.

The Appeal Board shall not make a decision in respect of an appeal brought against any decision made under section 23 unless it has first obtained and considered a report on the general circumstances of the appellant made by a social worker or a welfare officer employed by the New Zealand Returned Services’ Association (Incorporated).

An appeal shall lie to the Social Security Appeal Authority against any decision or determination of the Secretary under—

other than a decision or determination in respect of which an appeal lies to a War Pensions Appeal Board.

Sections 12A to 12R of the Social Security Act 1964 shall, with the necessary modifications, apply in respect of every appeal under this section, and for that purpose every reference in those sections to the chief executive of the department shall be read as a reference to the Secretary.

If any person has the right to apply for the review of any decision pursuant to section 15D, the Social Security Appeal Authority shall not consider an appeal against the decision under this section until a national review officer has completed a review of the decision.

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.

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.

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 or an Appeal Board, as the case may be, any evidence (whether strictly legal evidence or not) to show that the condition that resulted in the disablement or death of the member was possibly or probably attributable to or aggravated by his service with the forces in connection with any war or emergency, and if any reasonable evidence to that effect is produced there shall thereby be established a presumption that that condition was in fact attributable to or aggravated by the service of the member, and that presumption may be rebutted only by evidence that satisfies the Secretary or Appeal Board that the condition was not so attributable or aggravated but was due entirely to other causes.

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.

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 or an Appeal Board, as the case may be, shall decide in accordance with substantial justice and the merits of the case, and shall not be bound by any technicalities or legal forms or rules of evidence.

In the application of the general rule formulated in subsection (1) the following particular rules shall apply—

In this Part, unless the context otherwise requires,—

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) and all grants, donations, or gifts made to or vested in the Fund together with any income received from any source whatsoever.

The capital of the Fund shall consist of—

The income of the Fund shall consist of—

Any income of the Fund not for the time being required for expenditure under section 18L may, in the discretion of the Advisory Board, be transferred to the capital of the Fund, whether or not the income has been invested under subsection (2) of section 18K.

Any money, being capital of the Fund within the meaning of subsection (1) of section 18J, held by or on behalf of the Advisory Board shall from time to time be invested in any securities in which trust funds may be invested by trustees in accordance with the Trustee Act 1956 or in accordance with any other statutory authority or in such other manner as the Advisory Board, with the approval of the Minister, may determine:

provided that, notwithstanding any rule of law or equity to the contrary, the Advisory Board shall not be obliged to convert any securities that are the subject of a gift to the Fund and that are not securities in which the Advisory Board may invest money pursuant to this subsection.

Any money, being income of the Advisory Board within the meaning of subsection (2) of section 18J, may, in the discretion of the Advisory Board, from time to time be invested in any manner authorised for the investment of capital under subsection (1).

Subject to the provisions of this Part, the Advisory Board may apply the income of the Fund in such manner as the Advisory Board thinks fit for all or any of the following purposes:

If at any time the income of the Fund is insufficient for the purposes of subsection (1) the Advisory Board may, to the extent of the insufficiency, use the capital of the Fund for those purposes.

No person shall be qualified to receive a fellowship under paragraph (b) of subsection (1) unless he is—

The conditions of tenure of every grant, award, and fellowship shall be determined by the Advisory Board.

Every grant, award, and fellowship shall be of such value as the Advisory Board determines; and the Advisory Board may, in its discretion, renew or extend any grant, award, or fellowship, with or without modification in value or conditions of tenure.

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.

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.

The Advisory Board must ensure that there are kept at all times accounting records that—

The Advisory Board must establish and maintain a satisfactory system of control of those accounting records.

The accounting records must be kept—

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—

The Advisory Board must ensure that the financial statements of the Advisory Board are audited.

The Advisory Board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

The purposes for which the Fund is established are hereby declared to be charitable purposes.

No member of the Advisory Board shall be personally liable for any act done or default made by the Advisory Board in good faith in the course of the operations of the Advisory Board.

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:

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 or an Appeal Board, as the case may be, may decline to grant a pension or may grant a pension at a reduced rate in any case where the Secretary or Appeal Board is satisfied on reasonable evidence that the disablement of the member is attributable in whole or in part to his wilful misconduct during his period of service.

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.

Nothing in this section shall apply to a spouse or partner of a member of the forces who is in receipt of a disablement pension payable under this Part in respect of any period of service which commenced on or after 3 September 1939, unless the member or the spouse or partner of the member, as the case may be, is entitled to make an election under section 66L to receive a war service pension and has not made such an election.

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, the pension may, so long as the person remains otherwise qualified, continue to be paid to that person.

If the disablement or death of a member of the Armed Forces of New Zealand within the meaning of the Accident Compensation Act 1982 occurred while he was serving (whether in New Zealand or elsewhere) as such a member in connection with a war or emergency, or is attributable to such service, or if the condition that resulted in the disablement or death of such a member was aggravated by such service, the disablement or death of the member, as the case may be, shall be deemed to be attributable to service as a member of the forces within the meaning of this Act, and the provisions of this Act shall apply accordingly.

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.

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, the rate of the pension payable to the member in respect of his disablement shall, if and so long as he is a bona fide resident of New Zealand, not be less than the appropriate percentage of the maximum rate of pension for total disablement specified in that schedule.

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 in relation to those disabilities:

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.

Subject to the provisions of section 21, the rates of the pension payable to any member of the forces in respect of his partial disablement shall be such lower rates than those payable in respect of total disablement as may in each case be determined by the Secretary, regard being had in every such case to the nature and extent of the disablement.

This section applies to every case where a member of the forces—

and a pension for total disablement in respect of such blindness, disabilities, or disablement is for the time being payable under section 19(1).

Notwithstanding anything in this Part, in any case to which this section applies the Secretary may, in the Secretary’s discretion, increase the rate of the pension that would otherwise be payable to the member in respect of his disablement by not more than the appropriate rate specified in Schedule 1.

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 and subsection (2), a further amount equal to 10% of that total amount.

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.

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, any permanent disablement has not reached its final condition a temporary pension may be granted in respect thereof, and the temporary pension so granted shall, subject to its review in accordance with section 26, continue in force until a permanent pension is granted.

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.

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 discretion, in determining the rate of any pension payable to the member in respect of his disablement, take into account any amount paid or payable to him by any person as compensation or damages. In any case where the disablement of a member is attributable solely to his service in New Zealand or elsewhere otherwise than in connection with any war, the Secretary may, in the Secretary’s discretion, also take into account, in determining the rate of his pension, any amount paid or payable to him by way of pension, retiring allowance, compensation, or otherwise out of any public moneys or out of any government superannuation fund.

Except in any case to which subsection (2) of section 25 applies, a permanent pension granted under this Part to any member of the forces shall not thereafter be reduced unless it is conclusively established, beyond any possibility of doubt, that the disablement in respect of which it was granted has in fact proved to be temporary, either to the full extent thereof or in 1 or more of its essential characteristics.

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. On the review of any pension in accordance with this subsection the Secretary, having regard to any change that may have taken place in relation to his disablement in the physical or mental condition of the member since the pension was granted or was last reviewed, as the case may be, may terminate the pension or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

If the Secretary is satisfied, on the advice of not less than 2 medical practitioners having special experience in like cases, that any member of the forces who is in receipt of or is entitled to a pension under this Part should, in his own interests, undergo medical or curative treatment, whether in a hospital or elsewhere, the Secretary may reduce by not more than one-half thereof the amount of the pension to which the member would be otherwise entitled if and so long as the member, without good and sufficient cause, refuses or wilfully fails to undergo such treatment.

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, of the member at not more than the appropriate rate specified in Schedule 1 may be paid as follows:

Any allowance granted under this section shall be included in and deemed part of the pension of the member.

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 discretion, grant an allowance in respect of the services of an attendant at a rate not exceeding the appropriate rate specified in Schedule 2.

In special cases the Secretary may, in the Secretary’s discretion, extend the provisions of subsection (1) to apply to the case of any member who is in receipt of a pension in respect of his partial disablement.

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.

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.

In this section the term decoration means such awards for gallantry granted by the Sovereign as are declared by the Governor-General, by Order in Council, to be decorations for the purposes of this section.

Without limiting the power to make regulations conferred by section 96, regulations may be made under that section prescribing the rates of annuities, allowances, or additions to pensions payable, and the conditions under which they are payable, and providing for such other matters as may be necessary to give full effect to the provisions of this section.

Except as provided in subsection (2), the rate of the pension payable to the surviving spouse or surviving partner of a deceased member of the forces in respect of his or her death shall not exceed the appropriate rate specified in Schedule 4.

Where the surviving spouse or surviving partner has a child or children of the member dependent upon him or her the Secretary may, in the Secretary’s discretion, increase the pension otherwise payable to the surviving spouse or surviving partner by a parent’s allowance at a rate not exceeding the appropriate rate specified in the said Schedule 4.

A parent’s allowance in respect of any child—

Except as otherwise provided in this Act, the rate of the pension payable to the surviving spouse or surviving partner of a deceased member of the forces in respect of his or her death shall, if and so long as she or he is a bona fide resident of New Zealand, be the maximum appropriate rate prescribed in Schedule 4.

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 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.

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,—

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.

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.

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 entry into a civil union or a de facto relationship, and that remarriage or civil union or de facto relationship has subsequently terminated or irreconcilably broken down within 5 years after the date of remarriage or entry into a civil union or a de facto relationship, the Secretary may, in the Secretary’s discretion, reinstate the pension previously payable.

The rate of any pension reinstated under subsection (1) is the appropriate rate specified in Schedule 4 as if the pension had been granted under section 32.

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.

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, regard being had in every such case to the nature and extent of the disablement.

Notwithstanding anything to the contrary in this Act, the Secretary may, in the Secretary’s discretion, refuse to grant a pension to or on behalf of a child of a member of the forces in any case where the parent of the child would, as the surviving spouse or surviving partner of the member, be debarred by section 34 from obtaining a pension in respect of the member’s death.

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.

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.

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 in the event of any change in the economic circumstances of the member, and, on the review of any pension in accordance with this section, the Secretary may terminate the pension, or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

Notwithstanding anything to the contrary in this Part,—

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.

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 determines, being not earlier than the first day of the pay period in which the child is born.

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 in which the child has attained the age of 16 years.

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.

The Secretary may, for the purpose of assisting in the further education of any child, continue for such period as it thinks fit a pension granted to or on behalf of that child.

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.

Notwithstanding anything to the contrary in section 85, where a child to whom or on whose behalf a pension has been granted under this Act dies, the pension shall continue to the end of the pay period in which the child dies, and the amount (if any) unpaid on the date of the death of the child shall be paid to the person to whom the pension was payable on that date, or, in the discretion of the Secretary, to such other person as the Board thinks fit.

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.

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, or a child of the member, the Secretary shall, to such extent as in any case the Secretary deems proper and equitable, take into account the property and income from all sources of the claimant and any other relevant factors of economic significance.

Any pension to which this section applies may be at any time reviewed by the Secretary in the event of any change in the property or income or general economic circumstances of the dependant, and, on the review of any pension in accordance with this section, the Secretary may terminate the pension or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

Notwithstanding anything to the contrary in this Part, where, pursuant to Part 3, an economic pension is granted to any member of the forces who is in receipt of a pension under this Part in respect of his partial disablement, the Secretary may, in the Secretary’s discretion, increase the rate of the pension payable under this Part to the spouse or partner or to any child or children of the member to a rate not exceeding the maximum rate of pension that could be granted to the claimant in respect of the total disablement of the member.

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—

the Secretary may, in the Secretary’s discretion, grant a pension to or on behalf of the surviving spouse, surviving partner, or any dependent child or dependent children of the member in all respects as if the death of the member were attributable to his or her service.

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.

Notwithstanding anything to the contrary in subsection (1), the Secretary may, in the Secretary’s discretion, continue for a period, expiring not later than the end of the pay period next after the pay period in which a member of the forces has died, any pension theretofore granted in respect of his disablement to or on behalf of any dependant of the member and current at the date of his death.

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.

If, for the purpose of undergoing any medical, surgical, or curative treatment, it is necessary, in the opinion of the Secretary, that a partially disabled member of the forces should be obliged to live away from home or be absent from work for 1 or more days in any week, the Secretary may increase the rates of the pensions payable to that member and his dependants or any of them in respect of the period of that treatment, but so that the total amount payable shall not in any case exceed the amount that would be payable in the case of the total disablement of the member.

The Secretary may, in the Secretary’s discretion, grant a pension under this Part in respect of the death of a member of the forces to any person who satisfies the Secretary that he or she has the control and care of any child or children of that member in respect of whom a pension is payable.

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 of a member of the forces.

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.

The Secretary may, in the Secretary’s discretion, grant a pension under this Part in respect of the disablement or death of a member of the forces to any person, not being a dependant of that member within the meaning of this Act, if the claimant for a pension under this section satisfies the Secretary that he has suffered material loss of income or property by reason of the disablement or death of the member and that he has not adequate means of support.

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, as the case may be, of a member of the same rank or rating.

In determining the rate of pension payable to any claimant for a pension under section 51 or section 52, the Secretary shall, to such extent as in any case the Secretary deems proper and equitable, take into account the property and income from all sources of the claimant and any other relevant factors of economic significance.

Any pension to which this section applies may be at any time reviewed by the Secretary and on any such review the Secretary may terminate the pension, or, within the limits prescribed by this Act, may increase or reduce the rate thereof.

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.

In the event of the member being subsequently reported as dead, the Secretary shall make inquiries as to the cause of death and shall either confirm the payment of the pension or terminate the pension according to whether or not a pension is payable in accordance with the foregoing provisions of this Act.

In the event of the member being subsequently reported as living, all pensions under this section, together with any economic pensions under Part 3, shall be terminated and the amount theretofore paid by way of pension to any person may, with the approval of the Minister, be recovered from the accumulated pay of the member or be recovered from the recipient as a debt due to the Crown.

The Secretary, with the approval of the Minister, may grant a pension under this Part in respect of the disablement or death of any person who, being a bona fide resident of New Zealand at the commencement of his service, served overseas in connection with any war or emergency otherwise than as a member of the forces, and in respect of his service was in receipt of pay from the New Zealand Government.

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.

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.

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.

Subject to the provisions of this section, the Secretary may, in the Secretary’s discretion, grant a pension under this Part in respect of the disablement or death of any person who, being a bona fide resident of New Zealand at the commencement of his service, served in connection with any war or emergency as a member of any forces established in any country of the Commonwealth (other than New Zealand) and whose death is attributable to or whose disablement is attributable to or has been aggravated by that service.

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 discretion, accept the disablement or death as attributable to the member’s service in those forces.

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.

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.

The provisions of section 48 shall apply with respect to the surviving spouse, surviving partner, or a child of a deceased member of any forces to which this section applies as if—