An Act to consolidate certain Enactments of the General Assembly relating to Military Pensions for Wounds or Injuries received whilst on Actual Service.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

Enactments consoiidated.

(1.)

The Short Title of this Act is “The Military Pensions Act, 1908.”

(2.)

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All offices, appointments, Orders in Council, orders, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(b.)

All pensions and allowances granted under any of the said enactments, and subsisting on the coming into operation of this Act, shall be deemed to have been granted under this Act, and the provisions of this Act shall apply to them accordingly; subject, however, in each case to the provisions of the enactments in force when they were actually granted.

(c.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

2 Interpretation.

1866, No. 6, sec. 2

In this Act, if not inconsistent with the context,—

“Board” means the Medical Board appointed under this Act:

“Maori chief” means a Maori holding the rank of a commissioned officer in the New Zealand Forces:

“New Zealand Forces” includes all officers, non-commissioned officers, and privates, whether of the European or Maori race, enrolled by and serving under the New Zealand Government:

“Officer” means an European officer holding a commission in the New Zealand Forces under the Public Seal of New Zealand.

3 Medical Board.

1902, No. 54, sec. 3 1903, No. 31, sec. 4

(1.)

The Governor may from time to time appoint a Board, consisting of not less than three duly qualified medical practitioners, whose duty it shall be to inquire into every claim for a pension, gratuity, or allowance under this Act, and to report thereon to the Governor.

(2.)

The Board constituted under the enactments mentioned in the First Schedule hereto, and the members thereof in office on the coming into operation of this Act, shall be deemed to be the Board and the members thereof under this Act.

(3.)

No such pension, gratuity, or allowance shall be granted except on the unanimous recommendation of the Board.

Remuneration of Board. 1866, No. 6, sec. 5

(4.)

Medical officers comprising the Board shall, if they are not at the time being in the receipt of consecutive pay from the New Zealand Government, be entitled to a remuneration of one guinea for each day or part of a day during which they respectively sit as members of such Board.

Pensions and Allowances to Officers and Men

4 Pensions and allowances.

Ibid, sec. 6

There shall be paid out of the Consolidated Fund pensions and allowances, as hereinafter specified, to officers, Maori chiefs, non-commissioned officers, and privates of the New Zealand Forces who are wounded in action or injured in the actual performance of military duty whilst on active service:—

(a.)

In respect of officers:—

(i.)

If an officer receives a wound as aforesaid occasioning the loss of an eye or a limb, or the total loss of the use of a limb, or receives bodily injury as aforesaid fully equal to the loss of a limb, he may be eligible to receive a gratuity in money of one year’s full pay of the regimental rank or staff appointment held by him at the time he was wounded or injured:

(ii.)

If an officer is wounded or injured as aforesaid, and it appears upon examination by the Board that he has in consequence of his wound lost an eye or a limb, or has totally lost the use of a limb, or that he has sustained a severe injury fully equal in every respect to the loss of a limb, he shall be entitled to a pension not exceeding the rate set out in Part I of the Second Schedule hereto, according to the rank held by him when he was wounded or injured, and commencing one year after the wound or injury was received, the continuance of which pension shall depend upon subsequent examination before the Board:

(iii.)

If the officer has lost more than one eye or limb the amount of the pension may be increased by not more than one-half the aforesaid rate:

(iv.)

If such wound or injury is so severe in its permanent effects as to be nearly equal but not fully equal to the loss of a limb, the officer may be recommended for a gratuity of eighteen months’ full pay of his regimental rank or staff appointment held by him when wounded or injured, in which case no pension shall at any subsequent time be granted to him:

(v.)

If such wound or injury is certified to be severe and dangerous, but in its permanent effects not equal to the loss of a limb, the officer may, in consideration of the expense attending the cure thereof, receive a gratuity varying according to the nature of the case from three to twelve months’ full pay of the regimental rank or staff appointment held by him at the time he was wounded or injured:

(vi.)

If an officer has held a pension for a wound or injury for a term of five years, and has been examined twice at the least before the Board, he may be recommended for the permanent continuance of such pension; but if before the expiration of the term of five years he has so far recovered that his wound or injury is not fully equal to the loss of a limb, then he shall cease to receive such pension, and shall receive a gratuity as aforesaid according to the degree of his injury:

(vii.)

If the officer does not apply for a pension within five years after the wound or injury was received, or if on his applying therefor the wound or injury is not proved to be fully and permanently equal to the loss of a limb, his claim to a pension shall not at any subsequent period be entertained:

(viii.)

No gratuity or allowance for any wound or injury shall be granted after the lapse of five years from the time the wound or injury was received:

(ix.)

No pension for the loss of one eye from a wound or injury shall be granted unless the actual loss of vision occurred within five years after the wound or injury was received, and is solely attributable to such wound or injury:

(x.)

As a general rule the pension shall be granted according to regimental rank, but in cases where officers with brevet rank were employed at the time they were wounded or injured in discharge of duties superior to those attached to their regimental commissions the pensions shall be given according to the brevet rank.

(b.)

In respect of Maori chiefs, non-commissioned officers, and privates:—

(xi.)

Pensions for wounds received in action or injuries received in the actual performance of military duty whilst on active service shall be granted according to the scales set out in Part II of the Second Schedule hereto, and such pensions may be either permanent or temporary, according to the circumstances of the case and the report of the Board.:

(xii.)

In special cases, where it is considered more advantageous to the grantee that instead of a pension there should be given to him a gratuity in money proportioned to the rate and duration of the pension that would otherwise have been awarded, a sum varying from one pound to thirty pounds may be allowed at the discretion of the Governor:

(xiii.)

Where any Maori has been employed by the authority or with the sanction of the Governor in military operations in New Zealand, either with or without pay, but has not been formally enrolled within the meaning of this Act, the Governor may by Order in Council direct that such Maori shall for the purposes of this Act be regarded as belonging, or as having belonged while so employed, to the New Zealand Forces, and may by the same or any other Order in Council determine whether such Maori shall be deemed to have held the rank of a Maori chief, a non-commissioned officer, or a private, and such Maori shall be entitled to pension or gratuity accordingly.

Pensions to Widows

5 Pensions to widows.

1866, No. 6, sec. 7 1902, No. 54, secs. 45

(1.)

Subject to the limitations and restrictions hereinafter provided, pensions in accordance with the scale set out in Part III of the Second Schedule hereto may be given to the widows of officers, Maori chiefs, non-commissioned officers, and privates of the New Zealand Forces in the following cases:—

(a.)

If the deceased was killed in action, or died of his wounds within twelve months after being wounded, then in either of those cases, but in those only, the special pension fixed in the first column of the said scale may be allowed. 2370

(b.)

The special pension fixed in the second column of the said scale may be allowed if the deceased died from illness brought on by the fatigue, privation, and exposure incident to active operations in the field before an enemy within twelve months after his having first been removed from duty on account of such illness, provided the illness is certified to have commenced during and as the result of active operations, or, if he died in consequence of injuries received in the performance of military duty otherwise than in action, within twelve months after having been injured.

(2.)

Pensions to widows are to be granted as rewards for good and faithful military services rendered by their deceased husbands, and cannot be claimed as of right; they are to be conferred on deserving persons only, and may be discontinued in case of any misconduct on the part of the pensioner; they are not to be granted to widows in wealthy circumstances.

(3.)

Where a widow receiving any such pension marries again, and as often as she remarries, her pension shall be suspended from the date of her remarriage; but in the event of her again becoming a widow, the pension may be restored upon proof that she is not in wealthy circumstances and is otherwise deserving.

6 Claim of widow.

1866, No. 6, sec. 8

A widow’s pension shall in general commence from the date of her husband’s death, but her claim must be established by the production of satisfactory documents in support thereof within one year after the death.

7 To lapse on her death.

Ibid, sec. 9

Where a widow-dies without having established her claim to a pension, the amount of pension to which she might have been entitled if living shall not be allowed to her representatives.

8 Pension to be according to regimental rank of husband.

Ibid, sec. 10

Pensions to widows of staff, regimental, and medical officers shall be given according to the regimental or staff commission by which any such officer received pay, and not according to his brevet rank (if any).

Special Allowances to Relatives

9 Gratuities to widow and children.

Ibid, sec. 11 1902, No. 54, sec. 5

If an officer, non-commissioned officer, or private of the European race is killed in action or dies of his wounds, as mentioned in paragraph (a) of section five hereof, and leaves a widow or children or both, a gratuity of one year’s pay of the regimental commission held by him may be given to his widow in addition to her pension, and one-third of the amount of such gratuity to each of his children under age and unmarried.

10 Allowance to mother;

1866, No. 6, sec. 12

(1.)

If such officer, non-commissioned officer, or private leaves no widow or child, an annual allowance, as specified in the third column of the aforesaid scale, may be granted to his mother, provided she is a widow and in distressed circumstances and was mainly dependent upon the deceased for support; but if the mother is herself in receipt of a pension from the Government, or has any other provision of any kind from the public, no allowance under this section shall be made to her on account of her son unless she relinquishes such pension or provision; and in the event of her remarrying, any allowance that may have been granted to her shall cease.

1901, No. 53, sec. 2

(2.)

The aforesaid annual allowance shall be payable to the mother who is not a widow in any case where her husband is incapable through infirmity or incapacity of earning his livelihood and she is otherwise lawfully entitled to the allowance.

11 To sister;

1866, No. 6, sec. 13

If such officer, non-commissioned officer, or private has left no widow, child, or mother, but has left a sister or sisters having no parent or surviving brother and having been dependent for support upon the deceased officer, non-commissioned officer, or private, an annual allowance, as specified in the aforesaid third column, may be granted to such sister, or to such sisters collectively, under extra-ordinary and special circumstances to be judged of by the Governor; but the allowance in such case shall cease when the person receiving it marries, or is in any other manner sufficiently provided for.

12 To children.

Ibid sec, 14

(1.)

Annual allowances, as specified in the fourth and fifth columns of the aforesaid scale, may be given to the children in those cases in which the widow would be entitled to a pension:

Provided it is shown that the children have no other allowance, pension, or provision from the Government, and that the pecuniary circumstances of themselves and their families are so limited that they actually require assistance.

(2.)

The fourth column shall apply where the father was killed in action or died of wounds as mentioned in paragraph (a) of section five hereof, and the fifth column where he died from illness or injuries as mentioned in paragraph (b) of that section.

13 Periods of allowances to children.

1866, No. 6, sec. 15

The allowances granted to sons may be continued until they attain the age of eighteen, or are otherwise provided for before attaining that age, and those to the daughters may be continued until they marry or attain the age of twenty-one, whichever first happens, and no longer, except in very special cases in which it is shown that such sons or daughters are afflicted with any mental or bodily infirmity rendering them incapable of making any exertion for their own support, and that they are still in distressed circumstances.

14 Scale of allowances to families.

Ibid, sec. 16

The aggregate amount of the foregoing allowances granted to the family of any officer, non-commissioned officer, or private, including the widow’s pension, if he leaves a widow, shall in no case exceed the rates specified in the scale set out in Part III of the Second Schedule hereto.

General Provisions

15 Exemption from seizure.

Ibid, sec. 17

All pensions,, allowances, and gratuities granted under this Act shall be exempt from seizure in execution and from distress and assessment.

16 Governor to grant pensions, &c.

1902, No. 54, sec. 7

Every pension, allowance, and gratuity under this Act shall be granted by the Governor; and every such pension and allowance shall be deemed to commence from such date as the Governor determines.

SCHEDULES

FIRST SCHEDULE ENACTMENTS CONSOLIDATED

1866, No. 6.—“The Military Pensions Act, 1866.”

1900, No. 62.—“The Military Pensions Extension to Contingents Act, 1900” So far as applicable.

1901, No. 53.—“The Military Pensions Act, 1901”: So far as applicable.

1902, No. 54.—“The Military Pensions Act, 1902”: So far as applicable.

1903, No. 31.—“The Military Pensions Amendment Act, 1903”: So far as applicable.

SECOND SCHEDULE

Section 4(a). 1866, No. 6, sec. 6

PART I Rate of PENSION TO OFFICERS UNDER SECTION 4(a)

Rank.	Amount of Annual Pension to be specially considered.
	£
Colonel	250
Lieutenant-Colonel	250
Major	200
Captain	150
Surgeon	150
Lieutenant	100
Assistant Surgeon	100
Second Lieutenant	75

PART II RATE OF PENSION TO MAORI CHIEFS, NON-COMMISSIONED OFFICERS, AND PRIVATES UNDER SECTION 4(b).

Section 4(b). 1866, No. 6, sec. 6

Rank.	First Degree.				Second Degree.			Third Degree.
Rank.	Men losing two limbs or both eyes from wounds or injuries, or being so severely wounded or injured as to be totally incapable of earning a livelihood and to require the assistance and care of some other person.				Men rendered incapable by wounds or injuries of earning a livelihood but not requiring the aid of another person.			Men able to contribute towards earning a livelihood, but rendered by wounds or injuries unfit for the ordinary duties of a soldier.
	Europeans.
	From		To					From		To
	s.	d.	s.	d.	s.	d.		s.	d.	s.	d.
Sergeant	2	6	4	0	3		0	1	3	2	8 per day.
Corporal	1	10	3	4	2		6	1	0	2	3 per day.
Private	1	6	3	0	2		2	0	8	2	0 per day.
	Maoris.
	£	s.		d.	£	s.	d.	£	s.	d.
Maori chiefs	75	0		0	60	0	0	50	0	0 per year.
Sergeant	0	1		6	0	1	3	0	1	0 per day.
Corporal	0	1		3	0	1	0	0	0	9 per day.
Private	0	1		0	0	0	9	0	0	6 per day.

PART III ALLOWANCES TO WIDOWS AND RELATIVES

Sections 5, 14. Ibid, sec. 16 1902, No. 54, sec. 5

Rank.	Widows’ Pension.		Allowance to the Mother under Section 10, or Sister under Section 11,	Allowance to Children under Section 12.
Rank.	To Widows, under Section 5(a).	To Widows, under Section 5(5).		In Cases under Section 5(a).	In Cases under Section 5(b).
	Where the Deceased was of the European Race.
	£	£	£	£	£
Colonels	150	120	80	18 to 25	16 to 20 per year.
Lieutenant-Colonels	150	120	80	18 to 25	16 to 20 per year.
Majors	120	90	70	16 to 20	14 to 17 per year.
Captains	80	65	50	12 to 16	10 to 14 per year.
Surgeons	80	65	50	12 to 16	10 to 14 per year.
Lieutenants	60	50	40	8 to 14	6 to 12 per year.
Assistant Surgeons	60	50	40	8 to 14	6 to 12 per year.
Second Lieutenants	46	40	36	8 to 14	6 to 12 per year.
Non-commissioned officers and privates	36	30	26	6 to 10	4 to 8 per year.
	Where the Deceased was of the European Race.
	£	£
Maori chiefs, non-commissioned officers, and privates	36	30	per year.

Military Pensions Act 1908