Veterans' Support Act 2014

1: Title
This Act is the Veterans' Support Act 2014.
2: Commencement
1: This Act (except the provisions specified in subsections (2) and (3)) comes into force on the day that is 4 months after the date on which this Act receives the Royal assent.
2: Sections 22 23 subparts 1 2 subpart 2
3: The following provisions come into force on the day that is 16 months after the date on which this Act receives the Royal assent:
a: Part 4
b: subpart 4
c: Schedule 2 Part 1
1: Preliminary provisions
1: Preliminary matters
3: Purpose
1: The purpose of this Act is to provide for—
a: the rehabilitation of and support for veterans who, as a result of being placed in harm's way in the service of New Zealand, have been injured or become ill; and
b: entitlements for eligible veterans who suffer service-related injuries or illnesses; and
c: entitlements and support for eligible spouses, partners, children, and dependants of veterans with service-related injuries or illnesses and for other persons who provide non-professional support to those veterans.
2: The purpose of Part 2 Section 3(1)(c) replaced 1 October 2020 section 4 Veterans’ Support Amendment Act 2020
4: Overview
1: This Act comprises 9 Parts.
2: This Part—
a: sets out the purpose of this Act:
b: provides that this Act binds the Crown:
c: defines terms used in this Act:
d: specifies general principles about how functions and powers under the Act are to be performed and exercised:
e: states VANZ's general duties:
f: provides the process for how claims are to be decided and provides certain presumptions relating to fitness for service, the cause of injury or illness, and paired organs:
g: provides for the indexation of certain entitlements.
3: Part 2
4: Part 3
5: The entitlements are—
a: travel costs associated with treatment ( subpart 2
b: the disablement pension ( subpart 3
c: weekly income compensation ( subpart 4
d: entitlements for spouses, partners, children, and dependants of veterans ( subpart 5
e: children's bursaries ( subpart 6
6: Part 4 Part 3
7: The entitlements are—
a: vocational services for spouses or partners ( subpart 3
b: payments for permanent impairment ( subpart 4
c: weekly compensation ( subpart 5
8: Part 5
9: The entitlements are—
a: treatment ( subpart 2
b: rehabilitation for veterans ( subpart 3 Schedule 2
c: participation in the veterans' independence programme ( subpart 4
d: aids and appliances ( subpart 5
e: motor vehicle grants ( subpart 6
f: retirement lump sum (subpart 7); and
g: funeral expenses ( subpart 8
10: Part 6
11: Part 7
a: the establishment and functions of VANZ ( subpart 1
b: the review of decisions by VANZ by a review officer or review panel, and for the establishment of a Veterans' Service Review Panel ( subpart 2
c: appeals against a review decision to an appeal board and for the establishment of a Veterans' Entitlements Appeal Board (also subpart 2
12: Part 8
a: the establishment and functions of the Veterans' Advisory Board ( subpart 1
b: the establishment and functions of the Veterans' Health Advisory Panel ( subpart 2
c: the administration of the Veterans' Medical Research Trust Fund ( subpart 3
13: Part 9
a: notification of documents and information ( subpart 1
b: regulations ( subpart 2
c: offences ( subpart 3
d: repeals, transitional provisions, and consequential amendments ( subpart 4
e: other matters relating to missing veterans, arrangements with other countries, and exclusion of Crown liability for the death or disablement of veterans ( subpart 5
14: This section—
a: is only a guide to the general scheme and effect of this Act; and
b: does not limit or affect the other provisions of this Act.
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 4A inserted 21 January 2019 section 9 Social Assistance (Residency Qualification) Legislation Act 2018
5: Act to bind the Crown
This Act binds the Crown.
6: Application of provisions of this Act
Section 6 repealed 21 January 2019 section 10 Social Assistance (Residency Qualification) Legislation Act 2018
2: Interpretation and related matters
7: Interpretation
In this Act, unless the context otherwise requires,— accepted late-onset condition Part 4
a: means a condition specified in regulations made under section 265
b: without limiting paragraph (a), includes conditions specified in regulations referred to in that paragraph, being—
i: a malignancy or other physical disorder that is capable of being caused by exposure during qualifying operational service that occurs 10 or more years before the onset of the illness; or
ii: a mental disorder that is capable of being caused by an event that occurs 10 or more years before the onset of the illness; and
iii: a mental disorder that is capable of being caused by an event that occurs less than 10 years before the onset of the illness and that is capable of causing the person suffering from it to be unable to seek medical help for the disorder during that period advisory board Part 8 advisory panel Part 8 appeal board Part 7 armed forces section 2(1) child
a: means a natural child of the veteran; and
b: includes—
i: an adopted child of the veteran; and
ii: a child of whom the veteran is or has been a guardian; and
iii: a grandchild or a whāngai of the veteran in relation to whom the veteran acts or has acted as a parent or a guardian; and
c: includes any other child who would ordinarily be regarded as a child of the veteran because the veteran—
i: is or has been
ii: acts or has acted Code
a: means the Code of Veterans' and Other Claimants' Rights approved under section 34
b: includes any amendments to the Code approved under section 37 counselling
a: a health practitioner under the Health Practitioners Competence Assurance Act 2003
b: a person who is recognised by the Accident Compensation Corporation as a counsellor for the purposes of the Accident Compensation Act 2001 Defence Force section 2(1) dependant
a: a person (not being the spouse, partner, or child of the veteran) who—
i: is under 18 years of age; and
ii: is wholly or primarily dependent on the veteran for financial support; and
iii: ordinarily resides with the veteran:
b: a person (not being the spouse, partner, or child of the veteran) who—
i: is 18 years of age or more; and
ii: is under the care of the veteran; and
iii: ordinarily resides with the veteran because the person is unable to live independently of the veteran due to disability, illness, or advanced age:
c: a person who—
i: is a child of the veteran; and
ii: is 18 years of age or more; and
iii: is under the care of the veteran; and
iv: is unable to live independently of the veteran due to physical or mental infirmity deputy general manager section 200 full-time
a: an average of at least 30 hours per week; or
b: a lesser number of hours, if the lesser number of hours is defined as full-time employment in the employment agreement under which the veteran was employed, because of the particular nature of that employment full-time study section 6(1) general manager section 200 guardian section 15 health practitioner section 5(1) home
a: means residential premises in which the veteran lives and that are owned, rented, or otherwise lawfully occupied by the veteran or the veteran’s parent, guardian, spouse, or partner; and
b: includes residential premises in which the veteran proposes to live after they are built and that will be owned, rented, or otherwise lawfully occupied by the veteran or the veteran’s parent, guardian, spouse, or partner; and
c: includes any other premises in which the veteran lives and for which the veteran is solely responsible for home maintenance; but
d: does not include any hotel or motel, or any hospital, hostel, rest home, or other institution impairment long-term residential care section 11 medical practitioner section 114(1)(a) member of the armed forces
a: whether in New Zealand or elsewhere; and
b: whether before or after the passing of this Act Minister New Zealand superannuation qualification age New Zealand Superannuation and Retirement Income Act 2001 other claimants
a: persons who have served as members of the armed forces before 1 April 1974 and whose injury or illness was caused by, contributed to by, or aggravated by routine service in New Zealand or overseas; and
b: spouses or partners of veterans; and
c: children of veterans; and
d: dependants of veterans; and
e: persons (other than the spouse or partner, or a child or dependant, of the veteran) who provide non-professional support to veterans for the purposes of section 107 partner QES review decision subpart 2 review officer section 219(2)(b) subpart 2 review panel section 223 service-related service-related death
a: in relation to Part 3
b: in relation to Part 4
i: the death of a person who, at the time of the person's death, was taking part in qualifying operational service:
ii: the death of a person within 10 years after the person took part in qualifying operational service from a service-related illness or injury:
iii: the death of a person more than 10 years after the person took part in qualifying operational service from an accepted late-onset condition treatment provider
a: means a chiropractor, dentist, medical laboratory technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist, podiatrist, or medical practitioner; and
b: includes a member of any occupational group as added for the purposes of this definition by regulations made under section 265 Accident Compensation Act 2001 VANZ section 198 veteran
a: a member of the armed forces who took part in qualifying operational service at the direction of the New Zealand Government; or
aa: a member of the armed forces who took part in qualifying routine service before 1 April 1974; or
b: a person—
i: who has been—
A: appointed as an employee of the Defence Force under section 61A
B: seconded to the Defence Force with the permission of the Chief of Defence Force; and
ii: who took part in qualifying operational service at the direction of the New Zealand Government; or
c: a person who, immediately before the commencement of Part 3 War Pensions Act 1954
i: section 19
ii: section 55 56
iii: Parts 4 5 whāngai working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
ba: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
c: a day in the period commencing on 25 December in any year and ending with 15 January in the following year. Section 7 child replaced 1 October 2020 section 5(1) Veterans’ Support Amendment Act 2020 Section 7 child amended 1 October 2020 section 5(2)(a) Veterans’ Support Amendment Act 2020 Section 7 child amended 1 October 2020 section 5(2)(b) Veterans’ Support Amendment Act 2020 Section 7 counselling inserted 1 October 2020 section 5(5) Veterans’ Support Amendment Act 2020 Section 7 guardian inserted 1 October 2020 section 5(5) Veterans’ Support Amendment Act 2020 Section 7 home inserted 1 October 2020 section 5(5) Veterans’ Support Amendment Act 2020 Section 7 long-term residential care inserted 1 October 2020 section 5(5) Veterans’ Support Amendment Act 2020 Section 7 medical practitioner replaced 12 April 2019 section 50 Health Practitioners Competence Assurance Amendment Act 2019 Section 7 other claimants replaced 1 October 2020 section 5(3) Veterans’ Support Amendment Act 2020 Section 7 QES inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 7 veteran inserted 1 October 2020 section 5(4) Veterans’ Support Amendment Act 2020 Section 7 whāngai inserted 1 October 2020 section 5(5) Veterans’ Support Amendment Act 2020 Section 7 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 7 working day inserted 24 October 2019 section 173 Statutes Amendment Act 2019
8: Meanings of different types of service
1: This section defines the different types of service referred to in this Act.
2: In this Act, unless the context otherwise requires,— qualifying operational service
a: service on any deployment treated as a war or emergency for the purposes of the War Pensions Act 1954
b: service on any deployment declared to be operational service under section 9 qualifying routine service qualifying service
a: qualifying operational service; or
b: qualifying routine service. Section 8 replaced 1 October 2020 section 6 Veterans’ Support Amendment Act 2020
9: Declarations that deployments are operational service
1: As soon as practicable after a decision is made to deploy members of the Defence Force, the Chief of Defence Force must provide a report to the Minister that assesses the operational and environmental threats posed to the health and well-being of the members.
2: If further information on the threats posed to the members becomes available or the nature or significance of the threats changes, the Chief of Defence Force must provide a further report to the Minister.
3: If the Minister is satisfied that the deployment poses a significant risk of harm to the members deployed, the Minister must
a: the deployment to be operational service; and
b: the area (whether land, sea, or airspace) in which the deployment is to be operational service; and
c: the period during which the deployment is to be operational service.
4: The Chief of Defence Force must advise the Minister when the deployment ends or the threats posed to members on which the Minister relied in making a declaration under subsection (3) escalate, abate, or cease.
5: The Minister may
a: in the case of shortening the period, the Minister is satisfied that the deployment has ceased or will cease to pose a significant risk of harm to members of the deployed force before the expiry of the period; and
b: in the case of extending the period, the Minister is satisfied that the deployment will continue to pose a significant risk of harm to members of the deployed force after the expiry of the period.
5A: The power under subsection (3) includes the power to make a declaration in respect of a deployment that has ceased, whether the deployment began before or after the commencement of this Act.
5B: In relation to any declaration referred to in subsection (5A),—
a: the reports referred to in subsections (1) and (2) may be provided at any time; and
b: subsection (3) applies with any necessary modifications; and
c: subsections (4) and (5) do not apply.
5C: The Minister may
5D: Subsection (5E) applies in respect of a declaration (a replacement declaration
a: is in respect of a deployment that has ceased; and
b: the Minister is satisfied replaces another declaration under this section or a decision under section 70A 80A earlier declaration or decision
5E: Before making a replacement declaration, the Minister must be satisfied that support to which any particular person would, at any time (whenever arising), have been entitled under the Act as a result of the earlier declaration or decision will not be reduced as a result of the making of the replacement declaration.
5F: VANZ must publish the making or amending of a declaration—
a: on an Internet site maintained by or on behalf of VANZ; and
b: in any other manner that VANZ thinks appropriate to bring the matter to the attention of claimants and the general public.
5G: VANZ is not required to publish the making or amending of a declaration if satisfied that there are reasons of operational or national security not to publish.
6: For the purposes of this section,— environmental threat
a: water and food quality or availability, or sanitation conditions:
b: epidemics and other diseases, including diseases that are endemic:
c: insect, plant, and animal hazards:
d: roads and associated traffic hazards:
e: any other matter that the Minister considers poses an environmental threat operational threat
a: the activity of individuals, stakeholders and factions, security forces, and other groups, including those conducting military and political activity:
b: the local conditions and hazards, including violence connected with crime, civil disturbance, rioting, and protest action:
c: the risk associated with mines, unexploded ordnance, and booby traps:
d: the risk associated with chemical, biological, radiological, and nuclear exposure:
e: acts of terrorism, whether or not directed at members of the Defence Force:
f: any other matter that the Minister considers poses an operational threat. Section 9(3) amended 1 October 2020 section 7(1) Veterans’ Support Amendment Act 2020 Section 9(5) amended 1 October 2020 section 7(1) Veterans’ Support Amendment Act 2020 Section 9(5A) inserted 25 June 2019 section 4 Veterans' Support Amendment Act 2019 Section 9(5B) inserted 25 June 2019 section 4 Veterans' Support Amendment Act 2019 Section 9(5C) inserted 25 June 2019 section 4 Veterans' Support Amendment Act 2019 Section 9(5C) amended 1 October 2020 section 7(1) Veterans’ Support Amendment Act 2020 Section 9(5D) inserted 25 June 2019 section 4 Veterans' Support Amendment Act 2019 Section 9(5E) inserted 25 June 2019 section 4 Veterans' Support Amendment Act 2019 Section 9(5F) inserted 1 October 2020 section 7(2) Veterans’ Support Amendment Act 2020 Section 9(5G) inserted 1 October 2020 section 7(2) Veterans’ Support Amendment Act 2020
3: General principles and related matters
General principles
10: Functions to be performed and powers to be exercised in accordance with certain principles
Every person who performs any function or exercises any power under this Act must do so—
a: in acknowledgement, on behalf of the community, of the responsibility for the injury, illness, or death of veterans as a result of them being placed in harm's way in the service of New Zealand; and
b: in accordance with the following principles:
i: the principle of providing fair entitlements to veterans and other claimants:
ii: the principle of promoting equal treatment of equal claims:
iii: the principle of taking a benevolent approach to claims:
iv: the principle of determining claims—
A: in accordance with substantial justice and the merits of the claim; and
B: not in accordance with any technicalities, legal forms, or legal rules of evidence. Section 10(b)(i) replaced 1 October 2020 section 8 Veterans’ Support Amendment Act 2020 VANZ's general duties
11: Information to claimant
1: VANZ must keep a veteran or other claimant who makes a claim for an entitlement under this Act up to date on the progress of the claim.
2: Without limiting subsection (1), VANZ must,—
a: within 7 working days after receiving a claim, inform the veteran or other claimant that the claim has been received; and
b: notify the veteran or other claimant, in accordance with subsection (3), of VANZ’s decision on the claim.
3: Notification of a decision must—
a: be given as soon as practicable after VANZ makes the decision; and
b: be in writing; and
c: include the reason for the decision; and
d: inform the veteran or other claimant of—
i: their rights of review under subpart 2
ii: in the case of a claim for a veteran’s pension, their right of appeal under section 175(1)
e: be given in time to allow the veteran or other claimant to exercise those rights. Section 11 replaced 1 October 2020 section 9 Veterans’ Support Amendment Act 2020
12: Performance of functions and exercise of powers
1: VANZ must perform its functions and exercise its powers—
a: on reasonable grounds; and
b: in a timely manner.
2: In complying with subsection (1), VANZ must have regard to the following:
a: the requirements of this Act:
b: the nature of the function or power:
c: all the circumstances.
3: Without limiting subsection (1)(b), VANZ must ensure that a decision on a claim for an entitlement under this Act is made as soon as practicable after receiving the claim. Section 12 replaced 1 October 2020 section 9 Veterans’ Support Amendment Act 2020
13: VANZ must tell claimant about review rights
Section 13 repealed 1 October 2020 section 9 Veterans’ Support Amendment Act 2020 How claims are to be decided
14: Process for deciding claims
1: This section sets out the sequential steps to be taken in deciding whether a claim under this Act is accepted.
2: The first step is to—
a: consider all the available material that is relevant; and
b: decide whether the material is consistent with an hypothesis that the veteran’s injury, illness, or death was service-related.
3: If the material is consistent with an hypothesis as specified in subsection (2), the second step is to decide whether there is a statement of principles that applies.
4: If there is no statement of principles that applies, section 15
5: If there is a statement of principles that applies, the third step is to decide whether the hypothesis is consistent with the statement of principles.
6: If the hypothesis is consistent with the statement of principles, the fourth step is to accept the claim, unless there are reasonable grounds for believing that the veteran’s injury, illness, or death was not service-related.
7: In this section and section 15 statement of principles section 22(6) section 265
15: Where no statement of principles applies
1: This section applies if, under section 14(4)
2: The person deciding whether to accept the claim must decide whether the claim is consistent with an hypothesis that is reasonable.
3: If the claim is consistent with an hypothesis that is reasonable, then the claim must be accepted, unless there are reasonable grounds for believing that the veteran's injury, illness, or death was not service-related.
4: An hypothesis is reasonable if it is—
a: more than a possibility; and
b: consistent with the known facts; and
c: not inconsistent with proved or known scientific facts.
16: Process in sections 14 and 15 subject to other sections
The process set out in sections 14 15 sections 17 to 21 section 28 Presumptions
17: Presumption of physical and mental fitness for service
1: For the purposes of this Act, a person who is medically assessed by the Defence Force to be physically and mentally fit for service in the armed forces is presumed to be physically and mentally fit for service in the armed forces.
2: The presumption in subsection (1) is conclusive, but—
a: applies subject to subsection (3); and
b: does not apply if subsection (4) applies.
3: The presumption in subsection (1) applies subject to any physical or mental condition that—
a: qualifies a person's physical and mental fitness for service in the armed forces; and
b: is noted in writing and given to the person at the time the person's physical and mental fitness is assessed.
4: The presumption in subsection (1) does not apply if—
a: the person failed to disclose, after proper inquiry of the person, any material facts in relation to his or her physical or mental health or history of physical or mental health; or
b: by reason of any false statement, non-disclosure, or misrepresentation by the person, he or she was incorrectly assessed as physically and mentally fit for service in the armed forces.
18: Application of section 17(4) to veterans with qualifying operational service
1: Section 17(4)
2: If that evidence is produced, then (in the absence of evidence to the contrary), the person's condition is to be treated as service-related.
19: Presumption that injury, illness, or death due to qualifying operational service
1: For the purposes of this Act, a veteran who is injured, becomes ill, or dies is presumed to have been injured, become ill, or died as a result of performing qualifying operational service if the injury, illness, or death occurred while the veteran was performing qualifying operational service.
2: For the purposes of this Act, the aggravation of an injury or illness of a veteran is presumed to be the result of performing qualifying operational service if—
a: the injury or illness was sustained or suffered before the veteran began performing qualifying operational service; and
b: the injury or illness was recorded in the service medical records before the veteran commenced qualifying operational service, but only where the injury or illness was known to the veteran before commencing qualifying operational service; and
c: the aggravation to the injury or illness occurred during the performance of qualifying operational service.
3: The presumptions in subsections (1) and (2) are conclusive.
20: Presumption in relation to paired organs
1: This section applies if—
a: a veteran suffers the loss of, or the permanent loss of the use of, one of any paired organs of his or her body; and
b: that loss is service-related; and
c: the veteran subsequently loses or suffers impaired efficiency of the other corresponding organ (from whatever cause).
2: The subsequent loss or impaired efficiency of the corresponding organ is presumed to be service-related.
3: The presumption in subsection (2) is conclusive.
4: Regulations may be made under section 265
5: The Minister must not make a recommendation under subsection (4) without first consulting—
a: relevant medical organisations; and
b: the advisory panel; and
c: any other person or organisation that the Minister considers appropriate to consult.
21: Conclusively presumed injuries, illnesses, and conditions
1: Regulations made under section 265
a: been exposed to specific events during qualifying operational service; or
b: served at specified times in, or during specified periods of, or in specified deployments during, qualifying operational service.
2: The Minister must not make a recommendation under subsection (1) without first consulting—
a: relevant medical organisations; and
b: the advisory panel; and
c: any other person or organisation that the Minister considers appropriate to consult. Australian statements of principles
22: Statements of principles made under Australian legislation
1: As soon as practicable after the commencement of this section, VANZ must undertake and complete a review of the statements of principles determined by the Australian Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (Aust).
2: The purpose of the review is to assess which of the statements of principles should be applied in New Zealand.
3: In conducting the review, VANZ must consult, and have regard to the views of,—
a: the Royal New Zealand Returned and Services' Association Incorporated; and
b: relevant medical organisations; and
c: any other person or organisation that VANZ considers appropriate to consult.
4: After completing the review, VANZ must prepare and provide a report to the Minister and the advisory panel.
5: As soon as practicable after receiving the report and any comments on it from the advisory panel, the Minister must decide which statements of principles should apply in New Zealand.
6: Regulations may be made under section 265
7: Any assessment of a statement of principles or consultation on a statement of principles includes any assessment or consultation begun or completed before the commencement of this section.
23: New statements of principles and revocation of statements of principles
1: As soon as practicable after VANZ becomes aware of a new statement of principles being issued or of a statement of principles being revoked, VANZ must—
a: review the new statement of principles or the revocation of the statement of principles; and
b: prepare and provide a report to the Minister and the advisory panel.
2: As soon as practicable after receiving the report and any comments on it from the advisory panel, the Minister must decide,—
a: in the case of a new statement of principles, whether the statement of principles should apply in New Zealand; and
b: in the case of a revocation of a statement of principles, whether the statement of principles should cease to apply in New Zealand.
3: Regulations may be made under section 265
a: in the case of a new statement of principles, specifying that the statement of principles applies for the purposes of this Act; and
b: in the case of a revocation of a statement of principles, specifying that the statement of principles ceases to apply for the purposes of this Act.
24: Amendments to statements of principles
1: As soon as practicable after VANZ becomes aware of a statement of principles that applies in New Zealand being amended, VANZ must—
a: review the amendment; and
b: prepare and provide a report to—
i: the Minister; and
ii: if the amendment is not a minor amendment, the advisory panel.
2: As soon as practicable after receiving the report and any comments on it by the advisory panel (in the case of an amendment that is not minor), the Minister must decide whether the amendment should apply in New Zealand.
3: The Minister may, by notice
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 24(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Application of certain sections of Legislation Act 2019
Section 66 clauses 2 to 7 section 64
a: regulations made under section 265 section 22 23
b: a notice under section 24 Section 25 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
26: Proof of statements of principles
The production in proceedings of a statement of principles or an amendment of a statement of principles, certified by the Chief of Defence Force as applying in New Zealand, is, in the absence of proof to the contrary, sufficient evidence that the statement of principles or the amendment of the statement of principles applies in New Zealand.
4: Other matters
Veteran's and claimant's obligations
27: Responsibility of veteran or other claimant to assist in establishing and maintaining entitlements
1: A veteran or other claimant
a: give VANZ a certificate by a health practitioner or treatment provider that deals with the matters or contains the information that VANZ requires:
b: authorise VANZ to obtain medical and other records that are or may be relevant to the
c: undergo assessment at VANZ's expense by an assessor appointed by VANZ under section 212
2: A veteran or other claimant who applies for or receives an entitlement under this Act must, when reasonably required by VANZ,—
a: give VANZ relevant information about any matters relating to his or her application or entitlement that VANZ requires at any time:
b: undergo any assessment in relation to the veteran's or claimant's application or entitlement that VANZ may require under this Act:
c: participate in rehabilitation, including—
i: co-operating with VANZ in the development and implementation of any individual rehabilitation plan; and
ii: undergoing, at VANZ's expense, assessment of present and likely capabilities for the purposes of rehabilitation.
3: If VANZ requires the veteran or other claimant to do so, he or she must provide the information referred to in subsection (2)(a) in a form supplied or specified by VANZ.
4: If a veteran or other claimant fails to comply with a requirement under subsection (1) or (2), VANZ may cease payment of an entitlement to which the requirement relates.
5: VANZ may cease payment of an entitlement under subsection (4) only if—
a: VANZ has given the veteran or other claimant written notice of its intention to cease payment because the veteran or other claimant has failed to comply with the requirement; and
b: the veteran or other claimant has not, within 28 days of the date of giving the notice,—
i: complied with the requirement; or
ii: established, to VANZ's satisfaction, reasonable grounds for not complying with the requirement. Section 27(1) amended 1 October 2020 section 10(1) Veterans’ Support Amendment Act 2020 Section 27(1)(b) amended 1 October 2020 section 10(2) Veterans’ Support Amendment Act 2020 Disentitlement
28: Circumstances that exclude or limit entitlements
1: Claims to entitlements under this Act are excluded if the injury, illness, or death concerned occurred in any of the following circumstances:
a: while the veteran was a deserter or absent without leave within the meaning of the relevant armed forces disciplinary legislation applicable at the time of the injury, illness, or death:
b: while the veteran was committing an offence under New Zealand law or committing an act overseas that, had it been done in New Zealand, would have been an offence under New Zealand law:
c: in the case of death, the death was self-inflicted (unless occurring during qualifying operational service), but only in relation to entitlements under Part 4
d: the injury, illness, or death was predominantly caused by or significantly aggravated by the use of alcohol or tobacco products, the misuse of illegal or prescription drugs, or the contracting of a sexually transmitted disease, but only in relation to entitlements under Part 4
1A: Despite subsection (1), VANZ may provide entitlements that would otherwise be excluded by subsection (1)(a) or (b) if VANZ is satisfied on reasonable grounds that, in the circumstances, the exclusion would be unfair to the veteran (for example, because the desertion or absence without leave was brief or the offence was minor in nature).
2: Despite subsection (1), VANZ may provide entitlements that would otherwise be excluded by subsection (1)(c) or (d)
a: the injury, illness, or death was due to a psychological condition that was attributed to or aggravated by the experiences of the veteran during qualifying operational service; or
aa: the injury or illness is itself a psychological condition (for example, alcohol use disorder) that was attributed to or aggravated by the experiences of the veteran during qualifying operational service; or
b: in the case of a sexually transmitted disease, the disease resulted from suffering a sexual assault.
3: For the purposes of subsection (1)(a), the finding of a military tribunal (within the meaning of the Armed Forces Discipline Act 1971
4: Claims to entitlements under this Act in relation to injury or illness are excluded to the extent that the injury or illness is due wholly or substantially to the ageing process. Section 28(1A) inserted 1 October 2020 section 11(1) Veterans’ Support Amendment Act 2020 Section 28(2) amended 1 October 2020 section 11(2) Veterans’ Support Amendment Act 2020 Section 28(2)(aa) inserted 1 October 2020 section 11(3) Veterans’ Support Amendment Act 2020
29: Limited entitlements during imprisonment of veteran
1: While a veteran is a prisoner in any prison, VANZ—
a: may continue to provide to the veteran entitlements under subparts 2 3
b: must not provide any other entitlements under Part 3 4 5
2: Entitlements of other claimants are not affected by the imprisonment of the veteran.
3: While a claimant other than the veteran is a prisoner in any prison, VANZ must not provide, or continue to provide, any entitlements under Part 3 4 5
4: In this section,— prison
a: a prison within the meaning of section 3(1)
b: a service prison within the meaning of section 2(1)
c: an overseas prison prisoner
a: for a prison referred to in paragraph (a) of the definition of prison, a prisoner within the meaning of section 3(1)
b: for a prison referred to in paragraph (b) of that definition, a service prisoner within the meaning of section 2(1)
c: for a prison referred to in paragraph (c) of that definition, a person for the time being in legal custody in that prison. Section 29 replaced 1 October 2020 section 12 Veterans’ Support Amendment Act 2020 Indexation
30: Indexation of certain entitlements in relation to average weekly earnings
1: VANZ must adjust the following in the manner specified in subsection (2):
a: the rate of weekly compensation as calculated under Part 2
b: the amount of weekly earnings under clause 44(1)
2: Any adjustments required by subsection (1)—
a: must be made in accordance with a prescribed formula or prescribed formulas relating to movements in average weekly earnings; and
b: have effect from the prescribed date or dates; and
c: must be published by VANZ on an Internet site maintained by or on behalf of VANZ and published in any other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the general public.
3: VANZ is not required to adjust any amount under subsection (1) if—
a: the prescribed formula specifies a minimum movement in average weekly earnings; and
b: the movement in average weekly earnings is less than the minimum movement specified.
31: Indexation of certain entitlements in relation to
1: VANZ must adjust the following in the manner specified in subsection (3):
a: the rates of disablement pension ( section 56
b: the rate of the surviving spouse or partner pension ( section 66
c: the rate of the children’s pension ( section 72
d: the rate of the dependant’s pension ( section 76
e: the rate of the children’s bursary ( section 81
f: the lump sum payment for permanent impairment ( section 98
g: the maximum amount for motor vehicle grants ( section 148
h: the amount of the retirement lump sum payment ( section 151
i: the asset threshold for non-exempt assets ( section 151
j: the maximum amount payable for funeral expenses for—
i: a veteran who had undertaken qualifying operational service; or
ii: a veteran whose death was a service-related death ( section 153
k: the maximum amount payable under Scheme One for funeral expenses for other veterans ( section 154
l: the lump sum payment to a surviving spouse or partner of a veteran receiving the veteran’s pension ( section 174
la: the rates of annuities or allowances payable under section 29A Part 5A see clause 2
m: the survivor’s grant ( clause 53
n: child care payments for children of deceased veterans ( clause 64
2: VANZ may adjust in the manner specified in subsection (3) any costs, amounts, or limits on costs that are not required to be adjusted under section 30
3: Any adjustments under subsection (1) or (2)—
a: must be made in accordance with a prescribed formula or prescribed formulas relating to any movement in the Consumers
b: have effect from the prescribed date or dates; and
c: must be published by VANZ on an Internet site maintained by or on behalf of VANZ and published in any other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the general public.
4: VANZ is not required to adjust any amount under subsection (1) if—
a: the prescribed formula specifies a minimum movement in the Consumers
b: the movement in the Consumers
5: In this section, Consumers Price Index (all groups) Section 31 heading amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 31(1)(j) replaced 1 October 2020 section 13 Veterans’ Support Amendment Act 2020 Section 31(1)(k) replaced 1 October 2020 section 13 Veterans’ Support Amendment Act 2020 Section 31(1)(la) inserted 24 October 2019 section 174 Statutes Amendment Act 2019 Section 31(3)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 31(4)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 31(4)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 31(5) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
2: Code of Veterans' and Other Claimants' Rights
32: Purpose of Code
1: The purpose of the Code is to meet the reasonable expectations of veterans and claimants (including the highest practicable standard of service and fairness) about how VANZ should deal with them, by—
a: specifying what VANZ will do, in performing its functions and exercising its powers, to ensure that it acts in accordance with the principles in section 10(b)
b: conferring rights on veterans and claimants and imposing obligations on VANZ in relation to how VANZ should deal with the veterans and claimants; and
c: providing for the procedure for lodging and dealing with complaints about breaches of the Code by VANZ; and
d: providing—
i: for the consequences of, and remedies for, a breach of the Code by VANZ; and
ii: without limiting subparagraph (i), how and to what extent VANZ must address situations where its conduct is not consistent with or does not uphold the rights of veterans and claimants under the Code; and
e: providing for and explaining a veteran's and claimant's right to a review of a decision made under the Code about a claimant's complaint.
2: The rights and obligations in the Code—
a: are in addition to any other rights veterans and claimants have, and obligations VANZ has, under this Act, any other enactment, or the general law; and
b: do not affect the entitlements and responsibilities of veterans and claimants under this Act, any other enactment, or the general law.
33: Chief of Defence Force to prepare draft Code in consultation with persons nominated by Minister
1: The Chief of Defence Force must, as soon as practicable after this section comes into force, prepare a draft Code of Veterans' and Other Claimants' Rights.
2: In preparing a draft Code, the Chief of Defence Force must consult such persons, bodies, organisations, and agencies as the Minister considers necessary to ensure that a wide range of views is available to the Chief of Defence Force to assist him or her in preparing a draft Code.
3: In subsection (2), organisation
4: For the purposes of subsection (2), the Minister may take into account any relevant consultation undertaken by the Chief of Defence Force before this section comes into force.
5: After preparing the draft Code, the Chief of Defence Force must forward it to the Minister.
34: Approval of draft Code by Minister
1: If the Minister agrees with the draft Code forwarded to him or her under section 33(5)
a:
b: present the Code to the House of Representatives within 12 sitting days after approving the Code; and
c: arrange for the approval of the Code to be notified in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin.
2: A notice given under subsection (1)(c) must state where copies of the Code may be obtained.
3: The Code is secondary legislation ( see Part 3
4: That Act applies as if—
a: the Minister were the maker of the Code; and
b: the Code were made by the Minister approving it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	comply with subsection (1) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(1)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: VANZ's obligations in respect of Code
1: VANZ must, in all its dealings with veterans and claimants, ensure that its actions are consistent with and uphold the rights of veterans and claimants in the Code.
2: VANZ must—
a: make the Code accessible to veterans and claimants and members of the public generally; and
b: promote awareness of the Code among veterans and claimants and members of the public generally.
36: Status of Code as disallowable instrument
Section 36 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: Amendments to Code
1: The Code may be amended by the Minister approving
2: Sections 33 and 34(1) and (2)
3: However, those provisions do not apply to an amendment if—
a: the amendment is a minor or technical amendment; and
b: the Minister considers that compliance with those provisions is unnecessary.
4: An amendment to the Code is secondary legislation ( see Part 3
5: That Act applies as if—
a: the Minister were the maker of the amendment; and
b: the amendment were made by the Minister approving it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	comply with subsection (1) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Scheme One
1: Application and purpose
38: Application of Part 3
1: This Part applies to the following persons:
a: every veteran with qualifying service performed—
i: before 1 April 1974; or
ii: before 31 March 1975, in connection with the civilian surgical team based at Qui Nhon Provincial State Hospital, Binh Dinh province, Vietnam; or
iii: before 21 April 1975, in connection with 41 Squadron RNZAF in Vietnam:
b: every spouse, partner, child, and dependant of every veteran referred to in paragraph (a).
2: This Part also applies in relation to a veteran's claim if VANZ has determined under section 84(2)
39: Application of Part 3 before commencement of Part 4 (Scheme Two)
This Part also applies to claims made before the commencement of Part 4
a: every veteran with qualifying operational service performed in the period beginning on 1 April 1974 and ending on the day before the date on which Part 4
b: every spouse, partner, child, and dependant of every veteran referred to in paragraph (a).
40: Purpose of Scheme One
1: The purpose of Scheme One is to provide entitlements to veterans and their spouses, partners, children, and dependants who are eligible under section 38 39
2: The entitlements are—
a: travel costs associated with treatment and long-term hospital care ( subpart 2
b: the disablement pension ( subpart 3
c: weekly income compensation ( subpart 4
d: entitlements for spouses, partners, children, and dependants of deceased veterans ( subpart 5
e: children's bursaries ( subpart 6
41: Other entitlements
1: Part 5
2: Part 1
2: Travel costs associated with treatment and long-term hospital care
42: Interpretation
In this subpart, unless the context otherwise requires,— travel costs
a: travel:
b: meals and accommodation reasonably associated with the travel:
c: actual and reasonable out-of-pocket expenses associated with the travel.
43: When travel costs payable
VANZ is responsible for paying or contributing to the travel costs of a veteran in the following situations:
a: where the veteran has to undergo treatment for a service-related injury or illness:
b: where VANZ requires the veteran to undergo a medical assessment for the purpose of determining whether or to what extent a veteran can claim an entitlement under this Part:
c: where the veteran is required to undergo a medical assessment for the purposes of a review of or appeal against a decision relating to the veteran's entitlement under this Part.
44: Travel escort
1: This section applies where VANZ is responsible for paying or contributing to the cost of travel under section 43
2: VANZ is also responsible for paying or contributing towards paying the cost of a travel escort for a veteran if a health practitioner certifies, in writing, that the veteran is not fit or able to travel alone.
45: Travel costs of certain persons visiting veteran in long-term hospital care
1: VANZ is responsible for paying or contributing to the reasonable travel costs of the persons specified in subsection (2) who are visiting a veteran who is in long-term hospital care.
2: The persons are—
a: the veteran's spouse or partner:
b: any children or dependants of the veteran:
c: any other person if VANZ considers it appropriate to pay or contribute to pay the cost of the person to visit the veteran.
46: Regulations
Regulations may be made under section 265
a: the maximum amounts payable for travel costs under this subpart:
b: the process for claiming and paying travel costs under this subpart:
c: any other matters for the effective and efficient administration of this subpart.
3: Disablement pension
47: Disablement pension
1: A veteran (whether resident in New Zealand or overseas) who suffers disablement as a consequence of a service-related injury or illness is entitled to a disablement pension.
2: However, a veteran is not entitled to a temporary disablement pension unless he or she—
a: is participating in a rehabilitation plan; or
b: has a reasonable excuse for not participating in a rehabilitation plan in relation to the veteran's service-related injury or illness.
48: Application for disablement pension
1: A veteran becomes entitled to a disablement pension when—
a: the veteran has completed and provided to VANZ an application form provided by VANZ; and
b: the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the veteran's entitlement to the disablement pension is to be treated as beginning on the day on which VANZ received the application.
49: Disablement pension temporary unless specified to be permanent
1: A disablement pension is temporary unless VANZ, when notifying a veteran that his or her application for a disablement pension has been accepted, notifies the veteran that his or her disablement pension is permanent.
2: A disablement pension may be notified as permanent if VANZ, on the basis of medical and other relevant evidence, considers that—
a: the veteran's condition is not likely to improve; or
b: the veteran's condition has stabilised or reached its final state.
3: If a disablement pension is temporary, VANZ must advise a veteran that his or her disablement pension is temporary and must state the date by which the veteran's disablement is to be reassessed. VANZ may, if it considers it appropriate in the circumstances, advise the veteran of a later date by which the veteran's disablement is to be reassessed.
4: On or before the date specified under subsection (3), VANZ must reassess the veteran's disablement to determine whether—
a: the veteran's disablement pension should be cancelled because the veteran is no longer suffering from a medical condition that entitles him or her to receive a disablement pension; or
b: the veteran's temporary disablement pension should continue because the medical condition that entitles the veteran to receive a disablement pension has not stabilised or reached its final state; or
c: the veteran's temporary disablement pension should be made permanent because the condition causing the veteran's disablement has stabilised or reached its final state.
5: To avoid doubt, a veteran's temporary disablement pension may be made permanent, even though the veteran is assessed at 0% whole-person impairment and therefore not entitled to a disablement pension, on either or both of the following grounds:
a: the need for ongoing treatment to deal with the effects of the disablement:
b: the potential for the disablement to return or recur.
6: If VANZ makes a determination under subsection (4)(b), it must notify the veteran of a further date by which the veteran's disablement is to be reassessed.
7: For the purposes of the reassessment under subsection (6), subsection (4) applies with all necessary modifications as if the reference to the date in subsection (3) were a reference to the date specified under subsection (6).
50: Suspension of temporary disablement pension
1: VANZ may suspend payment of a temporary disablement pension to a veteran if VANZ is unable to complete a reassessment of the veteran's disablement under section 52
2: However, VANZ must not suspend payment of a temporary disablement pension under subsection (1) unless it has given the veteran not less than 28 days' notice in writing that it proposes to suspend payment of the pension.
51: Treatment and rehabilitation during period of temporary disablement pension
VANZ must, in consultation with a veteran whose disablement pension is temporary, prepare a treatment and rehabilitation plan for the veteran to follow.
52: Reassessment of veteran's disablement
1: VANZ may, from time to time, reassess the disablement of a veteran who is receiving a permanent disablement pension.
2: A reassessment under subsection (1) must not be undertaken earlier than 2 years—
a: after the veteran's disablement pension became permanent; or
b: after the veteran's last whole-person impairment assessment.
3: However, a reassessment may be undertaken earlier if—
a: the veteran provides medical evidence to the satisfaction of VANZ that the veteran's disablement has increased significantly; or
b: VANZ considers that the veteran's disablement has changed significantly.
4: For the purposes of subsection (3), a change in disablement is significant if the change in whole-person impairment is 10% or more.
53: Lump sum payment for terminal conditions
1: A veteran who is entitled to a disablement pension may elect to—
a: suspend payment of the pension for a period of 12 months; and
b: receive a lump sum payment equal to the aggregate of the pension payable at the maximum rate for the 12-month period.
2: A veteran may make an election under subsection (1)—
a: only once if the election is accepted by VANZ; and
b: only if the veteran produces evidence to the satisfaction of VANZ that the veteran has a terminal medical condition that is a service-related condition.
3: For the purposes of subsection (1), if VANZ accepts that the veteran may make an election under this section, the 12-month period is to be treated as starting on the day on which VANZ receives the veteran's election.
4: Schedule 4 Income Tax Act 2007
5: If, during the 12-month period, the rate of payment of the disablement pension is adjusted, the veteran is entitled to an additional lump sum payment equal to the difference between—
a: what the veteran received under subsection (1); and
b: what the veteran would have received under subsection (1) had the adjustment to the rate and the date of the adjustment been taken into account when the lump sum was paid.
6: If a veteran who receives a lump sum payment under this section is still alive at the close of the 12-month period referred to in subsection (1)(b), the veteran is entitled to the maximum disablement pension on and from the day after the close of that period.
7: In subsection (2)(b) and section 54 terminal medical condition
54: Maximum disablement pension payable if veteran has terminal condition
1: A veteran may apply to VANZ to increase his or her disablement pension to the maximum rate.
2: VANZ may accept the application if the veteran produces evidence to the satisfaction of VANZ that the veteran has a terminal medical condition that is a service-related medical condition.
3: This section does not prevent a veteran from subsequently making an election under section 53
55: Entitlement to disablement pension ceases 28 days after veteran's death
1: When a veteran who is receiving a disablement pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the veteran dies.
2: This section does not apply in relation to a veteran who has elected to receive a lump sum payment under section 53
56: Rate of disablement pension
1: The rates of the disablement pension are to be set by regulations made under section 265
2: The regulations must set different rates for different levels of whole-person impairment.
57: Increased pension if treatment requires veteran's absence from home or work
1: VANZ may increase the rate of disablement pension payable to a veteran if—
a: the veteran is undergoing any treatment; and
b: VANZ is satisfied that the treatment requires the veteran to live away from home or be absent from work for 1 or more days in any week.
2: An increase in the rate of disablement pension under subsection (1)—
a: applies only for the period of the treatment; and
b: must not result in the rate of the pension exceeding the rate that would be payable if the veteran were totally disabled.
58: Transitional provisions
Schedule 1 Part 2
4: Weekly income compensation
59: Weekly income compensation
1: A veteran (whether resident in New Zealand or overseas) is entitled to weekly income compensation in accordance with this subpart if the veteran is—
a: under the New Zealand superannuation qualification age; and
b: unable to work full-time; and
c: either—
i: participating in a rehabilitation plan; or
ii: through no fault of the veteran, unable to participate in a rehabilitation plan in relation to the veteran's service-related injury or illness; and
d: not receiving any benefit under the Social Security Act 2018
2: If a veteran is resident overseas, the veteran is responsible for paying the costs of assessing whether the veteran is unable to work full-time.
3: In this subpart, unable to work Section 59(1)(d) amended 26 November 2018 section 459 Social Security Act 2018
60: Application for weekly income compensation
1: A veteran becomes entitled to weekly income compensation when—
a: the veteran has completed and provided to VANZ an application form provided by VANZ; and
b: the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the veteran's entitlement to weekly income compensation is to be treated as beginning on the day on which VANZ received the application.
61: Rate of weekly income compensation
1: Weekly income compensation is payable at the rate that is 80% of the average wage.
2: In this section, average wage Section 61(2) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022
62: Entitlement to weekly income compensation ceases if veteran able to work full-time
1: This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly income compensation.
2: If the veteran has been receiving weekly income compensation for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, the veteran ceases to be entitled to weekly income compensation on the expiry of 10 days after receiving notice of the assessment.
3: If the veteran has been receiving weekly income compensation for 6 months or more and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, the veteran ceases to be entitled to weekly income compensation on the earlier of—
a: the date on which the veteran commences full-time employment; or
b: the expiry of 28 days after the assessment.
4: If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, but VANZ assesses the veteran as able to undertake other full-time employment, then the veteran ceases to be entitled to weekly income compensation on the earlier of—
a: the date on which the veteran commences full-time employment; or
b: the expiry of 28 days after the assessment.
63: Entitlement to compensation reduces if veteran able to work part-time
1: This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly income compensation.
2: If the veteran undertakes part-time work, VANZ must reduce the amount of weekly income compensation payable to the veteran to ensure that the total of the veteran’s weekly income compensation and earnings does not exceed the average wage.
3: In subsection (2), average wage section 61(2)
64: Extent to which veteran entitled to weekly income compensation under this subpart and under Accident Compensation Act 2001
1: A veteran who has cover under the Accident Compensation Act 2001
2: However, the veteran is entitled to receive from VANZ the difference between the weekly income compensation payable under this subpart and under the Accident Compensation Act 2001
65: Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2) applies to a veteran who—
a: first becomes entitled to weekly income compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly income compensation on reaching that age.
3: Subsection (4) applies to a veteran who first becomes entitled to weekly income compensation—
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly income compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly income compensation if the veteran is not otherwise entitled to it under this Act. Section 65 replaced 1 July 2019 section 13 Accident Compensation Amendment Act 2019
5: Spouses, partners, children, and dependants of veterans
Surviving spouse or partner pension
66: Surviving spouse or partner pension
1: A spouse or partner of a deceased veteran is entitled, in accordance with this section, to a surviving spouse or partner pension at a rate specified in regulations made under section 265
2: This section applies if—
a: the veteran had undertaken qualifying operational service; or
b: the veteran’s death was a service-related death; or
c: at the time of the veteran’s death, the veteran was receiving—
i: a permanent war disablement pension under Part 2
ii: a permanent disablement pension granted under subpart 3
d: VANZ considers that, had the veteran not died, the veteran would have been eligible to receive a pension specified in paragraph (c) (to the extent of impairment specified) had he or she applied for it immediately before his or her death.
3: This section does not apply if, immediately before the veteran’s death,—
a: the veteran and the claimant were living apart or were not maintaining a relationship in the nature of marriage; and
b: the claimant was not contributing to the veteran’s day-to-day welfare.
4: Despite subsection (3), this section applies if the circumstances described in that subsection occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant. Section 66 replaced 1 October 2020 section 14 Veterans’ Support Amendment Act 2020
67: Application for surviving spouse or partner pension
1: A surviving spouse or partner becomes entitled to a surviving spouse or partner pension when—
a: the surviving spouse or partner has completed and provided to VANZ an application form provided by VANZ; and
b: the surviving spouse or partner has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the surviving spouse's or partner's entitlement to a surviving spouse or partner pension is to be treated as beginning on—
a: the day after the veteran's death, if the application is received by VANZ within 6 months after the veteran's death; or
b: the day on which VANZ received the application, if the application is received by VANZ more than 6 months after the veteran's death.
68: Surviving spouse or partner pension ceases after spouse or partner enters into new relationship
1: If the spouse or partner of a deceased veteran enters into a new relationship, the spouse's or partner's entitlement to the surviving spouse or partner pension ceases immediately.
2: However, a spouse or partner who enters into a new relationship may elect to receive—
a: a periodic payment for 2 years at the same rate as the surviving spouse or partner pension; or
b: a lump sum equivalent to 2 years’ payments of the surviving spouse or partner pension.
3: After an election is made under subsection (2), the entitlement to the option elected is to be treated as having begun on the day after the date on which the pension ceases under subsection (1).
4: For the purposes of this section, a spouse or partner of a deceased veteran enters into a new relationship when, after the veteran's death, the spouse or partner—
a: marries; or
b: enters into a civil union; or
c: enters into a de facto relationship.
69: Reinstatement of surviving spouse or partner pension
The spouse or partner of a deceased veteran whose entitlement to the surviving spouse or partner pension has ceased under section 68
70: Entitlement to surviving spouse or partner pension ceases 28 days after spouse's or partner's death
When a surviving spouse or partner who is receiving a surviving spouse or partner pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the surviving spouse or partner dies.
71: Transitional provisions
Schedule 1 Part 2 Children's pension
72: Children's pension
1: Every child who is under 18 years of age and described in subsection (2) is entitled to a children's pension at the rate specified in regulations made under section 265
2: The children are—
a: a child of a veteran who,—
i: immediately before the commencement of this section, was receiving a war disablement pension under Part 2
ii: is receiving a disablement pension granted under subpart 3
b: a child of a deceased veteran, if—
i: the veteran's death was a service-related death; or
ii: at the time of the veteran's death, the veteran was receiving—
A: a permanent war disablement pension under Part 2
B: a permanent disablement pension granted under subpart 3
iii: VANZ considers that, had the veteran not died, the veteran would have been eligible to receive a pension or other payment specified in paragraph (b)(ii)(A) or (B) (to the extent of impairment specified) had he or she applied for it immediately before his or her death.
3: If the child suffers from any mental or physical infirmity, VANZ may, in its discretion, extend the entitlement beyond the date on which the child turns 18 years of age for as long as the child continues to suffer from the mental or physical infirmity.
4: If the child is undertaking full-time study, he or she is entitled to continue to receive the children's pension until the date on which he or she turns 23.
73: Application for children's pension
1: A child becomes entitled to a children's pension when—
a: the child has completed and provided to VANZ an application form provided by VANZ; and
b: the child has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the child's entitlement to the children's pension is to be treated as beginning on—
a: the day on which VANZ received the application, if the veteran is living; or
b: the day after the veteran's death, if the application is received by VANZ within 6 months after the veteran's death; or
c: the day on which VANZ received the application, if the application is received by VANZ more than 6 months after the veteran's death.
74: Entitlement to children's pension ceases 28 days after child's death
When a child who is receiving a children's pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the child died.
75: Transitional provisions
Schedule 1 Part 2 Dependant's pension
76: Dependant's pension
1: A dependant described in subsection (2) is entitled to a dependant's pension at the rate specified in regulations made under section 265
2: The dependants are—
a: a dependant of a veteran who,—
i: immediately before the commencement of this section, was receiving a war disablement pension under Part 2
ii: is receiving a disablement pension granted under subpart 3
b: a dependant of a deceased veteran, if—
i: the veteran's death was a service-related death; or
ii: at the time of the veteran's death, the veteran was receiving—
A: a permanent war disablement pension under Part 2
B: a permanent disablement pension granted under subpart 3
iii: VANZ considers that, had the veteran not died, the veteran would have been eligible to receive a pension or other payment specified in paragraph (b)(ii)(A) or (B) (to the extent of impairment specified) had he or she applied for it immediately before his or her death.
3: Regulations made under subsection (1) must—
a: provide for VANZ to be able to take into account a dependant's economic position; and
b: specify a maximum rate that does not exceed the maximum rate payable for the surviving spouse or partner pension.
4: For the purposes of subsection (3)(a), the regulations—
a: must specify the criteria that VANZ is to take into account in assessing a dependant's economic position, including (but not limited to) the property and income of a dependant from all sources; and
b: may specify different rates for different types of economic circumstances.
77: Application for dependant's pension
1: A dependant becomes entitled to a dependant's pension when—
a: the dependant has completed and provided to VANZ an application form provided by VANZ; and
b: the dependant has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the dependant's entitlement to the dependant's pension is to be treated as beginning on—
a: the day on which VANZ received the application, if the veteran is living; or
b: the day after the veteran's death, if the application is received by VANZ within 6 months after the veteran's death; or
c: the day on which VANZ received the application, if the application is received by VANZ more than 6 months after the veteran's death.
78: Entitlement to dependant's pension ceases 28 days after dependant's death
When a dependant who is receiving a dependant's pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the dependant dies.
79: Certain children not entitled to dependant's pension
A child who is receiving a children's pension under section 72(3) or (4)
80: Transitional provisions
Schedule 1 Part 2
6: Children's bursaries
81: Entitlement to children's bursary
1: Every child described in subsection (2) is entitled to a children's bursary if they are undertaking—
a: full-time study at a secondary school; or
b: full-time or part-time study at a tertiary education organisation
c: if the child resides overseas, study overseas that is equivalent to the study described in paragraph (a) or (b).
2: The children are—
a: children who are entitled to a children's pension:
b: children of veterans who are receiving weekly income compensation under subpart 4 Part 6
3: The entitlement to a children's bursary ceases at the end of the year in which a child reaches 23 years of age.
4: The rate of the children's bursary is to be prescribed in regulations made under section 265
5: In this section, secondary school tertiary education organisation section 10(1) Section 81(1)(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 81(1)(c) inserted 1 October 2020 section 15 Veterans’ Support Amendment Act 2020 Section 81(5) replaced 1 August 2020 section 668 Education and Training Act 2020
82: Transitional provisions
Schedule 1 War Pensions Act 1954
4: Scheme Two
1: Preliminary matters
83: Application
This Part—
a: applies to the following persons:
i: every veteran with qualifying operational service performed on or after 1 April 1974; and
ii: every spouse, partner, child, and dependant of every veteran referred to in subparagraph (i); but
b: does not apply to the following persons:
i: the veterans referred to in section 38(1)(a)(ii) and (iii)
ii: every spouse, partner, child, and dependant of every veteran referred to in subparagraph (i).
84: Application in other circumstances
1: Subsection (2) applies to a claim that—
a: is made by or in relation to a veteran referred to in section 83(a)(i)
b: relates to injury, illness, or death that is attributable in part to circumstances before 1 April 1974 and in part to circumstances on or after 1 April 1974.
2: This Part applies to the claim unless VANZ determines that the claim should be dealt with under Part 3
3: This Part does not apply to claims that Part 3 section 39
85: Purpose of Scheme Two
1: The purpose of Scheme Two is to provide entitlements to veterans and other persons who are eligible under section 83 84
2: The entitlements are—
a: transport costs associated with treatment ( subpart 2
b: vocational services for spouses or partners ( subpart 3
c: payments for permanent impairment ( subpart 4
d: weekly compensation ( subpart 5
86: Other entitlements
1: Part 5
2: Parts 2 to 4
87: Extent to which entitlements provided by this Part
1: This section specifies the extent to which a veteran has an entitlement under this Part for injury or illness that is related to qualifying operational service.
2: If a veteran is a member of the Defence Force and has cover under the Accident Compensation Act 2001
a: the Defence Force is responsible for managing the veteran's claim and VANZ is to provide the entitlements in relation to the claim to the extent that the claim comes within an accreditation agreement (if any) between the Defence Force and the Accident Compensation Corporation ( ACC
b: ACC is responsible for managing the veteran's claim and providing the entitlements in relation to the claim to the extent that the claim is not subject to an accreditation agreement (if any) between the Defence Force and ACC.
3: If a veteran is a member of the Defence Force and does not have cover under the Accident Compensation Act 2001
4: If a veteran is not a member of the Defence Force and has cover under the Accident Compensation Act 2001
5: If a veteran is not a member of the Defence Force and does not have cover under the Accident Compensation Act 2001
6: Subsections (1) to (5) apply subject to any agreement or arrangement between the Defence Force, VANZ, and ACC under which VANZ—
a: manages a veteran's claim and provides entitlements in relation to the claim; and
b: the claim is wholly or in part based on cover under the Accident Compensation Act 2001
7: For the purposes of this section, the Defence Force, VANZ, and ACC must co-operate with each other to reduce, to the extent reasonably practicable, any duplication of process or requirements for a veteran referred to in subsection (6).
2: Transport costs associated with treatment
88: Transport costs associated with treatment
1: VANZ is responsible for paying the costs of transport reasonably required by the veteran in order to receive treatment that VANZ is responsible for paying or contributing to the cost of.
2: The extent to which VANZ is responsible for paying the costs of transport under subsection (1) is to be specified in regulations made under section 265
3: Vocational services and assistance for spouse or partner
89: Application of subpart
This subpart applies to the spouse or partner of a veteran if the veteran—
a: has an injury or illness—
i: that results from qualifying operational service; and
ii: that makes the veteran unable to work or unable to undertake vocational rehabilitation; or
b: has died and his or her death is a service-related death.
90: Spouse or partner entitled to vocational services and assistance
1: The spouse or partner of a veteran to whom this subpart applies is entitled to be provided with vocational services and vocational assistance in accordance with this subpart and regulations made under section 265
2: The purpose of providing vocational services and vocational assistance under subsection (1) is to reduce the financial impact on the veteran's spouse or partner and any dependants of the veteran of the veteran's inability to work or undertake vocational rehabilitation or of the veteran's death (as the case may be).
91: Period for which vocational assistance may be provided
1: VANZ must provide the vocational assistance to the spouse or partner for the minimum period necessary to achieve its purpose, but must not provide any vocational assistance for longer than 3 years (which need not be consecutive).
2: However, VANZ may, at its discretion, provide vocational assistance for longer than 3 years if VANZ considers that the vocational assistance would be appropriate in the circumstances.
3: VANZ must not take into account as a factor against providing vocational assistance that the spouse or partner is, or may be, a person to whom section 104
92: Assessment of spouse's or partner's vocational assistance needs
An assessment of a spouse's or partner's vocational assistance needs must consist of an initial occupational assessment, undertaken by an occupational assessor, to identify the types of work that may be appropriate for the spouse or partner.
93: Conduct of initial occupational assessment
1: An occupational assessor who is undertaking an initial occupational assessment must—
a: take into account information provided by VANZ and the spouse or partner; and
b: discuss with the spouse or partner all the types of work that are available and suitable for the spouse or partner; and
c: consider any comments the spouse or partner makes to the assessor about those types of work.
2: VANZ must provide to an occupational assessor all the information that VANZ has that is relevant to an initial occupational assessment.
94: Report on occupational assessment
1: The occupational assessor must prepare and provide to VANZ a report on the occupational assessment that specifies—
a: the types of work for the purposes of section 92 section 93
b: the spouse's or partner's work experience; and
c: the spouse's or partner's education, including any incomplete formal qualifications; and
d: any work-related training in which the spouse or partner has participated; and
e: all the skills that the assessor has reasonably identified the spouse or partner as having; and
f: all the types of work reasonably identified as suitable for the spouse or partner; and
g: in relation to each type of work, the requirements of that type of work, including any environmental modifications that the assessor identifies as necessary to enable the spouse or partner to function safely in that type of work.
2: VANZ must provide a copy of the report to the spouse or partner.
4: Payments for permanent impairment
95: Entitlement to payment for permanent impairment
This subpart applies to a veteran if the veteran—
a: has an injury or illness that results from qualifying operational service; and
b: has a permanent impairment that is due to the injury or illness. Independence allowance
96: Independence allowance
1: An independence allowance is payable in relation to permanent impairment if the injury or illness that caused the permanent impairment occurred in the period beginning on 1 April 1974 and ending on the close of 31 March 2002.
2: An independence allowance is payable at the same rate and for the same levels of impairment as would be payable if a veteran were entitled to the disablement pension under subpart 3
3: A veteran may, instead of receiving an independence allowance by way of periodic payments, elect to receive a lump sum payment in accordance with regulations made under section 265
4: A lump sum payment must not be more than an amount that is equivalent to 5 years of the independence allowance.
97: Extent to which veteran entitled to independence allowance under this subpart and under Accident Compensation Act 2001
1: A veteran who has cover under the Accident Compensation Act 2001
2: However, the veteran is entitled to receive from VANZ the difference between the independence allowance payable under this subpart and the independence allowance payable under the Accident Compensation Act 2001 Lump sum payments
98: Lump sum payments
1: A lump sum is payable in relation to permanent impairment if the injury or illness that caused the permanent impairment occurred on or after 1 April 2002.
2: A lump sum comprises—
a: the amount that—
i: is payable to the veteran under the Accident Compensation Act 2001
ii: if the veteran is not entitled to lump sum compensation for the impairment under that Act, would be payable if the veteran's impairment were covered under that Act; and
b: an additional amount equivalent to 20% of the amount payable under paragraph (a).
3: If the veteran's degree of impairment is below the level at which lump sums are payable under the Accident Compensation Act 2001 section 265
4: The amounts payable under subsections (2)(a)(ii) and (b) and (3) are payable by VANZ. Tax status of impairment payments
99: Impairment payments exempt from income tax
Schedule 4 Income Tax Act 2007
5: Weekly compensation
100: Entitlement to weekly compensation
A veteran (whether resident in New Zealand or overseas) is entitled to weekly compensation if the veteran is—
a: under the New Zealand superannuation qualification age; and
b: unable to work because of injury or illness that is related to qualifying operational service; and
c: either—
i: participating in a rehabilitation plan; or
ii: through no fault of the veteran, unable to participate in a rehabilitation plan.
101: Entitlement to compensation ceases or abates if veteran able to work
1: This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly compensation.
2: If the veteran has been receiving weekly compensation for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, the veteran ceases to be entitled to weekly compensation on the expiry of 10 days after receiving notice of the assessment.
3: If the veteran has been receiving weekly compensation for 6 months or more and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, the veteran ceases to be entitled to weekly compensation on the earlier of—
a: the date on which the veteran commences full-time employment; or
b: the expiry of 28 days after the assessment.
4: If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiving weekly compensation, but VANZ assesses the veteran as able to undertake other full-time employment, then the veteran ceases to be entitled to weekly compensation on the earlier of—
a: the date on which the veteran commences full-time employment; or
b: the expiry of 28 days after the assessment.
101A: Entitlement to compensation ceases 28 days after veteran’s death
When a veteran who is receiving weekly compensation dies, the entitlement to the compensation ceases at the end of the 28th day after the date on which the veteran dies. Section 101A inserted 1 October 2020 section 16 Veterans’ Support Amendment Act 2020
102: Extent to which veteran entitled to weekly compensation under this subpart and under Accident Compensation Act 2001
1: A veteran who has cover under the Accident Compensation Act 2001
2: However, the veteran is entitled to receive from VANZ the difference between the weekly compensation payable under this subpart and under the Accident Compensation Act 2001
103: Weekly compensation is income for purposes of Income Tax Act 2007
Schedule 4 Income Tax Act 2007
104: Relationship between weekly compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2) applies to a veteran who—
a: first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly compensation on reaching that age.
3: Subsection (4) applies to a veteran who first becomes entitled to weekly compensation—
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly compensation if the veteran is not otherwise entitled to it under this Act. Section 104 replaced 1 July 2019 section 14 Accident Compensation Amendment Act 2019
5: Entitlements common to Scheme One and Scheme Two
1: Application and purpose
105: Application
This Part applies to veterans to whom Part 3 4
106: Purpose of this Part
1: The purpose of this Part is to provide additional entitlements to, or in respect of, veterans to whom Scheme One or Scheme Two applies.
2: The entitlements are—
a: treatment ( subpart 2
b: rehabilitation for veterans ( subpart 3 Part 1
c: participation in the veterans' independence programme ( subpart 4
d: aids and appliances ( subpart 5
e: motor vehicle grants ( subpart 6
f: funeral expenses ( subpart 8
2: Treatment
107: Treatment
1: VANZ is responsible for paying or contributing towards paying the cost of treatment of a veteran's injury or illness if the injury or illness is service-related.
1A: In addition, VANZ is responsible for paying or contributing towards paying the cost of treatment in the form of counselling for—
a: the spouse or partner or any child or dependant of the veteran; or
b: a person (other than the veteran’s spouse, partner, child, or dependant) who provides non-professional support to the veteran.
1B: VANZ must pay or contribute under subsection (1A) if VANZ is satisfied that—
a: the veteran has an injury or illness that is service-related; and
b: a need for counselling arises from that injury or illness.
2: However, VANZ is not responsible for paying or contributing to the cost of treatment if—
a: the veteran is a member of the armed forces and the Defence Force is paying or contributing to the cost of the
b: the treatment is available under the Pae Ora (Healthy Futures) Act 2022
c: ACC is paying or contributing to the cost of the Section 107(1A) inserted 1 October 2020 section 17(1) Veterans’ Support Amendment Act 2020 Section 107(1B) inserted 1 October 2020 section 17(1) Veterans’ Support Amendment Act 2020 Section 107(2)(a) amended 1 October 2020 section 17(2) Veterans’ Support Amendment Act 2020 Section 107(2)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 107(2)(c) amended 1 October 2020 section 17(2) Veterans’ Support Amendment Act 2020
108: Extent to which VANZ responsible for paying or contributing to cost of treatment
1: As soon as practicable after accepting an application for payment or contribution to payment of the costs of treatment under this subpart, VANZ must decide what treatment VANZ will pay for or contribute towards paying for.
2: In making a decision under subsection (1), VANZ must take into account the following matters:
a: the nature and severity of the injury or illness:
b: the generally accepted means of treating the injury or illness in New Zealand:
c: any other means of treating the injury or illness in New Zealand:
d: whether the treatment sought is necessary, appropriate, and of the quality required to treat the injury or illness:
e: whether the treatment will be provided only on the number of occasions necessary:
f: whether the treatment is of a type normally provided by the treatment provider for the injury or illness concerned:
g: whether the treatment provider is sufficiently qualified and experienced to provide the treatment required.
3: In addition, in making a decision about a claim for payment or a contribution under section 107(1A) Section 108(3) inserted 1 October 2020 section 18 Veterans’ Support Amendment Act 2020
108A: Urgent treatment of mental injury or illness
1: This section applies if—
a: an application has been made for payment or contribution towards payment of the costs of treatment of a veteran’s injury or illness under this subpart; and
b: the treatment is or includes treatment for mental injury or illness; and
c: VANZ has not completed its consideration of the application; and
d: VANZ is satisfied that a delay in the provision of treatment for the mental injury or illness until the application is decided may have an adverse effect on the veteran.
2: Despite not having completed its consideration of the application, VANZ may pay or contribute towards paying the cost of treatment for the mental injury or illness.
3: Before deciding what treatment it will pay for or contribute towards paying for, VANZ must take into account the matters specified in section 108(2) Section 108A inserted 1 October 2020 section 19 Veterans’ Support Amendment Act 2020
109: When VANZ responsible for paying or contributing to cost of ancillary services related to treatment
1: VANZ is responsible for paying or contributing to the cost of any service if the service facilitates the treatment and the service is reasonably required as an ancillary service related to treatment, such as—
a: accommodation:
b: pharmaceuticals prescribed by a treatment provider who has statutory authority to prescribe pharmaceuticals:
c: laboratory tests requested by a health practitioner.
2: This section applies subject to any regulations made under section 265 2001 No 49 Schedule 1 cl 3
110: Application for additional treatment
1: This section applies if VANZ is paying or contributing towards paying the cost of treatment under this subpart.
2: The person receiving the treatment
a: to increase the amount VANZ is paying for or contributing towards paying the cost of treatment; or
b: to include additional treatment; or
c: to do both.
3: In deciding whether to grant an application under subsection (2), VANZ must take into account the matters specified in section 108(2) Section 110(1) replaced 1 October 2020 section 20(1) Veterans’ Support Amendment Act 2020 Section 110(2) amended 1 October 2020 section 20(2) Veterans’ Support Amendment Act 2020
111: Approval of VANZ required before treatment begins
1: VANZ is not responsible for paying or contributing to the cost of treatment under this subpart unless it has given its prior approval to the treatment being provided.
2: However, subsection (1) does not apply where VANZ is satisfied that treatment had to be provided in an emergency and it was not practicable to obtain VANZ's prior approval.
3: Rehabilitation
112: Appointment of case manager
As soon as practicable after accepting a veteran's claim for entitlements under Part 3 4
113: Appointment of case manager and provision of entitlements before claim accepted
VANZ may appoint a case manager under section 112 Part 4
a: if reasonably satisfied that the veteran's injury or illness in respect of which the veteran's claim is made is service-related; but
b: only in relation to the provision of entitlements for rehabilitation.
114: VANZ's responsibilities in relation to rehabilitation plan
VANZ must—
a: ensure that a rehabilitation plan is prepared,—
i: in the case of a veteran who has been granted an entitlement under Part 3
ii: in the case of a veteran who is claiming full entitlements under Part 4
b: liaise with ACC as to whether VANZ or ACC should prepare a rehabilitation plan, in the case of a veteran who is not claiming full entitlements under Part 3 4
c: if, under paragraph (b), it is decided that—
i: VANZ should prepare the rehabilitation plan, ensure a rehabilitation plan is prepared; or
ii: ACC should prepare the rehabilitation plan, liaise with ACC about the rehabilitation plan that ACC is preparing.
115: General duty of VANZ
1: VANZ must take all reasonable and practicable steps to assist a veteran to achieve the maximum level of rehabilitation, having regard to the nature and extent of the veteran's disablement.
2: If, under section 114
a: VANZ must act under subsection (1) in accordance with that plan; and
b: VANZ's obligations under this subpart apply in relation to rehabilitation not covered by the rehabilitation plan prepared by ACC. Individual rehabilitation plan
116: VANZ to determine need for rehabilitation plan
Within 13 weeks after VANZ accepts a veteran's claim for entitlements under Part 3 4
a: must—
i: determine whether the veteran is likely to need social or vocational rehabilitation after the 13 weeks have ended; and
ii: if so, prepare an individual rehabilitation plan in consultation with the veteran; and
b: may include in the plan provision for treatment.
117: Provision of rehabilitation before and after individual rehabilitation plan agreed
1: Before an individual rehabilitation plan for a veteran is agreed, VANZ is responsible for providing the veteran with—
a: social rehabilitation that VANZ considers suitable for the veteran and necessary in the circumstances, having regard to the purpose in section 120
b: vocational rehabilitation that VANZ considers suitable for the veteran and appropriate in the circumstances, having regard to the purpose in section 125
2: VANZ may provide rehabilitation under subsection (1) before—
a: any assessment of the veteran is undertaken or completed for the purposes of this Part; or
b: starting or concluding its consideration of the matters specified in section 128(1)
3: To avoid doubt, subsections (1) and (2) do not prevent the provision of treatment before an individual rehabilitation plan is agreed.
4: After an individual rehabilitation plan for the veteran is agreed, VANZ is responsible for providing the veteran with rehabilitation in accordance with the plan and Schedule 2
118: Assessment of needs and content of individual rehabilitation plan
1: In preparing an individual rehabilitation plan, VANZ must assess the veteran's needs for rehabilitation, having regard to the purposes in sections 120 125
2: An individual rehabilitation plan must—
a: identify the veteran's needs for rehabilitation; and
aa: identify any support given to the veteran by the veteran’s spouse or partner, any child or dependant of the veteran, or any other person who provides non-professional support to the veteran, and the needs of any of those persons in relation to the support they give; and
b: identify the assessments to be done; and
c: identify services appropriate to those needs, whether or not VANZ is responsible for providing any or all of those services; and
d: specify which of the services identified under paragraph (c) VANZ will provide, pay for, or contribute to.
3: For the purposes of subsection (2)(a), VANZ must assess a veteran's needs for—
a: social rehabilitation under section 124 clauses 8 to 17
b: for vocational rehabilitation under sections 130 to 137
4: However, VANZ is not required to assess a veteran's needs under subsection (3)(b) if the veteran's needs are solely related to maintaining employment. Section 118(2)(aa) inserted 1 October 2020 section 21 Veterans’ Support Amendment Act 2020
119: Individual rehabilitation plan must be updated
1: An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and progress made under the plan.
2: VANZ—
a: is responsible for ensuring subsection (1) is complied with if it is required under section 114
b: must liaise with ACC about ACC complying with subsection (1) if ACC is required under section 114 Social rehabilitation
120: Purpose of social rehabilitation
The purpose of social rehabilitation is to assist in restoring a veteran's independence to the maximum extent practicable.
121: VANZ's responsibility to provide key aspects of social rehabilitation
1: In this section, key aspect of social rehabilitation
a: aids and appliances:
b: attendant care:
c: child care:
d: education support:
e: home help:
f: modifications to the home:
g: training for independence:
h: transport for independence.
2: Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 7
3: VANZ is responsible for providing a key aspect of social rehabilitation to a veteran—
a: if the conditions in subsection (4) are met; but
b: not earlier than a date determined in accordance with section 123
4: The conditions are—
a: a veteran is assessed or reassessed under section 124
b: the provision of the key aspect is in accordance with VANZ's assessment of it under whichever of clauses 8 to 16
c: VANZ considers that the key aspect—
i: is required as a direct consequence of the injury or illness for which the veteran has entitlements under Part 3 4
ii: is for the purpose set out in section 120
iii: is necessary and appropriate, and of the quality required, for that purpose; and
iv: is of a type normally provided by a rehabilitation provider; and
d: the provision of the key aspect has been agreed in the veteran's individual rehabilitation plan, if a plan has been agreed.
5: This section is subject to any regulations made under section 267
122: VANZ may provide other social rehabilitation
1: VANZ may provide any other social rehabilitation if—
a: it is required as a direct consequence of the injury or illness for which the veteran has entitlements under this Part; and
b: the veteran is assessed or reassessed under section 124
c: VANZ considers that it is—
i: for the purpose set out in section 120
ii: necessary and appropriate, and of the quality required, for that purpose; and
iii: of a type normally provided by a rehabilitation provider; and
d: its provision has been agreed in the veteran's individual rehabilitation plan, if a plan has been agreed.
2: This section is subject to any regulations made under sections 267 268
123: Date of entitlement to social rehabilitation
1: This section applies to the provision of social rehabilitation that VANZ—
a: is responsible for providing under section 121
b: has decided to provide under section 122
2: VANZ is responsible for providing social rehabilitation on the later of—
a: the date on which the application for the social rehabilitation is made; or
b: if the need for the social rehabilitation is assessed to arise after the date of the application, the date when it is assessed to arise.
3: However, if VANZ considers that, in the veteran's circumstances, it would be unreasonable for the veteran to have made an earlier application, it may begin providing social rehabilitation to the veteran on and from another date that it considers reasonable.
4: Subsection (3) does not entitle a veteran to entitlements that the veteran would not have been entitled to had the application been made earlier.
124: Assessment and reassessment of need for social rehabilitation
1: An assessment under this section assesses a veteran's need for social rehabilitation and identifies the specific social rehabilitation that the veteran needs.
2: Assessments and reassessments must be undertaken by assessors appointed under section 212
3: A veteran's need for social rehabilitation—
a: may be reassessed from time to time; and
b: must be reassessed if VANZ considers that the veteran's condition or circumstances have changed.
4: The matters to be taken into account in an assessment or reassessment include—
a: the level of independence a veteran had before suffering the injury or illness:
b: the level of independence a veteran has after suffering the injury or illness:
c: the limitations suffered by a veteran as a result of the injury or illness:
d: the kinds of social rehabilitation that are appropriate for a veteran to minimise those limitations:
e: the rehabilitation outcome that would be achieved by providing particular social rehabilitation:
f: the alternatives and options available for providing particular social rehabilitation so as to achieve the relevant rehabilitation outcome in the most cost-effective way:
g: any social rehabilitation (not provided as vocational rehabilitation) that may reasonably be provided to enable a veteran who is entitled to vocational rehabilitation to participate in employment:
h: the geographical location in which a veteran lives:
i: in the case of a reassessment,—
i: whether any item that VANZ provided for the purposes of social rehabilitation is in such a condition as to need replacing:
ii: changes in the veteran's condition or circumstances since the last assessment was undertaken.
5: VANZ must provide to an assessor all information VANZ has that is relevant to the assessment. Vocational rehabilitation
125: Purpose of vocational rehabilitation
1: The purpose of vocational rehabilitation is to help a veteran to, as appropriate,—
a: maintain employment; or
b: obtain employment; or
c: regain or acquire vocational independence.
2: Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of activities for the purpose of maintaining or obtaining employment that is—
a: suitable for the veteran; and
b: appropriate for the veteran's levels of training and experience.
126: VANZ responsible for providing vocational rehabilitation
1: VANZ is responsible for providing vocational rehabilitation to a veteran who—
a: has suffered an injury or illness for which he or she has entitlements under Part 3 4
b: is—
i: entitled to weekly income compensation or weekly compensation; or
ii: likely, unless he or she has vocational rehabilitation, to be entitled to weekly income compensation or weekly compensation; or
iii: on parental leave.
2: Despite subsection (1)(b)(i), VANZ is responsible for providing vocational rehabilitation to a person who was entitled to weekly compensation and who would, but for section 104
127: Matters to be considered in deciding whether to provide vocational rehabilitation
1: In deciding whether to provide vocational rehabilitation, VANZ must have regard to the matters in section 128
2: In deciding what vocational rehabilitation is appropriate for the veteran to achieve the purpose of vocational rehabilitation under section 125
a: VANZ must consider whether it is reasonably practicable to return the veteran to the same employment in which the veteran was engaged, and with the employer who was employing the veteran, when the veteran's incapacity commenced; and
b: if it is not, VANZ must consider the following matters:
i: whether it is reasonably practicable to return the veteran to an employment of a different kind with that employer:
ii: whether it is reasonably practicable to return the veteran to the employment in which the veteran was engaged when the veteran's incapacity commenced, but with a different employer:
iii: whether it is reasonably practicable to return the veteran to a different employment with a different employer, in which the veteran is able to use his or her experience, education, or training:
iv: whether it is reasonably practicable to help the veteran use as many of his or her pre-injury skills as possible to obtain employment.
128: Further matters to be considered in deciding whether to provide vocational rehabilitation
1: In deciding whether to provide vocational rehabilitation, VANZ must have regard to—
a: whether the vocational rehabilitation is likely to achieve its purpose under the veteran's individual rehabilitation plan; and
b: whether the vocational rehabilitation is likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
c: whether the vocational rehabilitation is appropriate in the circumstances.
2: VANZ must provide the vocational rehabilitation for the minimum period necessary to achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be consecutive).
3: However, VANZ may, at its discretion, provide vocational rehabilitation for longer than 3 years if VANZ considers that—
a: the vocational rehabilitation would be likely to achieve its purpose under the veteran’s individual rehabilitation plan; and
b: the vocational rehabilitation would be likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
c: the vocational rehabilitation would be appropriate in the circumstances.
4: Despite subsections (1)(b) and (3)(b), VANZ must not take into account as a factor against providing vocational rehabilitation that the veteran is, or may become, a person to whom section 65 104
5: This section is subject to any regulations made under section 267
129: Vocational rehabilitation may start or resume if circumstances change
1: VANZ may, at any time, decide whether or not there has been a change of circumstances affecting the veteran's need for vocational rehabilitation.
2: If VANZ decides that there has been such a change, VANZ and the veteran may agree to the modification of the veteran's individual rehabilitation plan to reflect the changed circumstances.
3: VANZ may resume providing vocational rehabilitation under the veteran's individual rehabilitation plan, with any agreed modifications, to a veteran who—
a: had vocational rehabilitation; and
b: as a result, obtained employment; but
c: is unable to maintain the employment because of his or her incapacity.
4: This section is subject to section 128(2) and (3)
130: Assessment of veteran's vocational rehabilitation needs
An assessment of a veteran's vocational rehabilitation needs must consist of—
a: an initial occupational assessment to identify the types of work that may be appropriate for the veteran; and
b: an initial medical assessment to determine whether the types of work identified under paragraph (a) are, or are likely to be, medically sustainable for the veteran.
131: Occupational assessor
An occupational assessment must be undertaken by an assessor appointed under section 212
132: Conduct of initial occupational assessment
1: An occupational assessor who undertakes an initial occupational assessment must—
a: take into account information provided by VANZ and the veteran; and
b: discuss with the veteran all the types of work that are available in New Zealand and suitable for the veteran; and
c: consider any comments the veteran makes to the assessor about those types of work.
2: In considering the suitability of the types of work referred to in subsection (1)(b), the occupational assessor may take into account, among other things, the veteran’s earnings before the veteran’s incapacity.
3: VANZ must provide to an occupational assessor all information VANZ has that is relevant to an initial occupational assessment.
133: Report on initial occupational assessment
1: The occupational assessor must prepare and provide to VANZ a report on the initial occupational assessment.
2: The report must—
a: identify the types of work for the purposes of section 130(a)
b: take into account the information, discussions, and comments referred to in section 132(1)
3: VANZ must provide a copy of the report to the veteran and the medical assessor.
134: Medical assessor
A medical assessment must be undertaken by a medical practitioner appointed under section 212
135: Assessments when medical assessor unavailable
1: A medical practitioner who does not qualify under section 212
a: the circumstances in subsection (2) exist; and
b: the medical practitioner's qualifications and experience are broadly comparable with the qualifications and experience specified in section 212
2: The circumstances are that—
a: a medical practitioner who does qualify under section 212
b: the delay or inconvenience would have an adverse effect on providing vocational rehabilitation to the veteran.
3: Sections 136 137
136: Conduct of initial medical assessment
1: A medical assessor who undertakes an initial medical assessment must take into account—
a: information provided to the assessor by VANZ; and
b: any of the following reports, information, or comments provided to the assessor:
i: medical reports requested by VANZ before the individual rehabilitation plan was prepared:
ii: any other relevant medical reports; and
c: the report of the occupational assessor on the initial occupational assessment; and
d: the medical assessor's clinical examination of the veteran; and
e: any other information or comments that the veteran requests the medical assessor to take into account and that the medical assessor decides are relevant.
2: The medical assessor must also take into account any condition suffered by the veteran that is not related to the veteran's injury or illness.
3: VANZ must provide to a medical assessor all information VANZ has that is relevant to an initial medical assessment.
137: Report on initial medical assessment
1: The medical assessor must prepare and provide to VANZ a report on the initial medical assessment.
2: The report must—
a: contain the determination required by section 130(b)
b: take into account the matters referred to in section 136
3: VANZ must provide a copy of the report to the veteran.
4: Veterans' independence programme
138: VANZ to establish and administer veterans' independence programme
VANZ must establish and administer a veterans' independence programme (the programme
139: Purpose of programme
1: The purpose of the programme is to provide services and support to veterans to the extent that they cannot undertake activities that are required in order for them to live independently in their home.
2: Section 139(2) repealed 1 October 2020 section 22 Veterans’ Support Amendment Act 2020
140: Scope of programme
1: Services and support under the programme are to be provided to a veteran with qualifying service to the extent assessed by VANZ and subject to any limits specified in regulations made under section 265
2: Services and support to be provided under the programme include—
a: attendant care:
b: home help:
c: house and section maintenance:
d: home adaptations:
e: travel (other than transport related to treatment and rehabilitation), including an escort if a veteran is unable to travel alone:
f: allowance to contribute to cost of adaptive clothing and footwear.
141: Extent to which services and support to be provided under programme
1: A veteran who is entitled to impairment compensation under Part 3 4
2: For the purposes of subsection (1), the provision of services and support under the programme is to be determined in accordance with regulations made under section 265
3: A veteran who is not entitled to impairment compensation under Part 3 4
4: In this section, impairment compensation
a: the disablement pension payable under subpart 3
b: the independence allowance and lump sums payable under subpart 4
142: Application for services and support
1: A veteran becomes entitled to services and support when—
a: the veteran has completed and provided to VANZ an application form provided by VANZ; and
b: the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and
c: VANZ has accepted the application.
2: If an application is accepted by VANZ, the veteran's entitlement to the services and support applied for is to be treated as beginning on the day on which VANZ received the application.
143: Surviving spouse or partner
1: This section applies to the surviving spouse or partner of a deceased veteran, if the veteran was receiving or was entitled to services and support under the programme before his or her death.
2: For the period of 12 months after the veteran's death, his or her spouse or partner is entitled to services and support under the programme to the same extent as the veteran was entitled to.
3: Subsection (2) does not apply to a spouse or partner who is receiving services and support under section 143A
4: Section 143(3) replaced 1 October 2020 section 23 Veterans’ Support Amendment Act 2020 Section 143(4) repealed 1 October 2020 section 23 Veterans’ Support Amendment Act 2020
143A: Spouse or partner of veteran in long-term residential care
1: This section applies to the spouse or partner of a veteran who—
a: is receiving or is entitled to services and support under the programme; and
b: goes into long-term residential care.
2: The veteran’s spouse or partner is entitled to services and support under the programme, to the same extent as the veteran was entitled, for 12 months after the veteran goes into long-term residential care.
3: The veteran’s spouse or partner continues to be entitled to services and support under subsection (2) if the veteran dies within 12 months after going into long-term residential care. Section 143A inserted 1 October 2020 section 24 Veterans’ Support Amendment Act 2020
144: Regulations
Regulations may be made under section 265
a: the services and support provided under the programme:
b: the criteria for the purposes of section 141(2)
c: the amounts that may be paid under the programme:
d: the circumstances in which and the method by which payments are to be made:
e: the persons to whom payments will be made:
f: different levels of services or support according to the level of impairment or need:
g: whether assessments of impairment or need are required and, if so, the process for conducting the assessments:
h: any other matters necessary or desirable for the effective and efficient administration of the programme.
5: Regulations relating to aids and appliances
145: Regulations relating to aids and appliances
Regulations may be made under section 265
a: specify limits on the cost of providing or contributing to the cost of providing aids and appliances; and
b: provide for the payment of a weekly battery allowance payable to veterans using hearing aids approved by VANZ.
6: Motor vehicle grants
146: Interpretation
In this subpart, motor vehicle
a: includes a mobility device as defined in section 2(1)
b: does not include a vehicle that the director has declared is not a motor vehicle under section 168A
147: Eligibility for motor vehicle grants
A veteran with total lower body mobility impairment or with severe lower body mobility impairment may apply to VANZ for a grant to be applied to the cost of a motor vehicle owned or to be purchased by the veteran for his or her personal transport.
148: Regulations relating to motor vehicle grants
1: Regulations may be made under section 265
a: definitions of total lower body mobility impairment and severe lower body mobility impairment:
b: the criteria and process for determining whether a grant should be made, including (but not limited to) assessments and the number of occasions on which a grant can be made:
c: the maximum amount of a grant, including specifying different maximums in different circumstances:
d: any other matter for the effective and efficient administration of this subpart.
2: Without limiting subsection (1), if the regulations—
a: specify the number of occasions on which a grant can be made to a veteran, the regulations may specify that a motor vehicle loan under the War Pensions Act 1954
b: specify a minimum interval between grants, the regulations may specify that a motor vehicle loan under the War Pensions Act 1954
3: Despite regulations made for the purposes of this subpart, a veteran—
a: whose total lower body mobility impairment met the criteria for a motor vehicle loan under the War Pensions Act 1954
b: whose severe lower body mobility impairment met the criteria for a motor vehicle loan under the War Pensions Act 1954
7: Retirement lump sum
149: Retirement lump sum
1: A veteran is entitled, on reaching the New Zealand superannuation qualification age, to a retirement lump sum if—
a: the veteran received weekly income compensation under Part 3 Part 4
b: an assessment under section 150
2: To avoid doubt,—
a: this section applies only to veterans who reach the New Zealand superannuation qualification age on or after the commencement of this section; and
b: the 10-year period referred to in subsection (1) does not have to be a continuous period.
3: In this section, weekly income compensation War Pensions Act 1954
150: Asset assessment
1: A veteran who applies for a retirement lump sum must also apply for an asset assessment.
2: An application for an asset assessment must be made on a form provided for the purpose by VANZ.
3: VANZ must arrange for an asset assessment to be conducted as soon as practicable after receiving an application.
4: The value of the veteran’s assets is to be assessed as at the date the veteran reached the New Zealand superannuation qualification age.
5: An asset assessment must be conducted in accordance with regulations made under section 265
151: Regulations relating to this subpart
1: Regulations may be made under section 265
a: the amount of the retirement lump sum payment; and
b: the types of assets to be taken into account in an asset assessment; and
c: what assets are exempt from being taken into account in an assessment; and
d: the asset threshold; and
e: how an asset assessment is to be conducted.
2: For the purposes of subsection (1)(d),—
a: more than 1 asset threshold may be specified for different circumstances; and
b: a veteran may be permitted to elect which threshold applies to him or her.
8: Funeral expenses
152: Application
1: Section 153
a: the veteran had undertaken qualifying operational service; or
b: the veteran’s death was a service-related death.
2: Section 154 Section 152 replaced 1 October 2020 section 25 Veterans’ Support Amendment Act 2020
153: Funeral expenses: veterans with qualifying operational service or service-related death
1: VANZ may pay or contribute to the payment of the expenses of the funeral and burial or cremation of the veteran.
2: The maximum amount payable under subsection (1) must be specified in regulations made under section 265
3: If the veteran dies in hospital and his or her burial or cremation is to take place in the locality where the veteran was admitted to hospital, VANZ is responsible for paying the reasonable cost of transporting the body.
4: If the veteran dies in hospital and his or her burial or cremation is to take place outside the locality where the veteran was admitted to hospital, VANZ is responsible for paying the lesser of—
a: the reasonable cost of transporting the body to the place of burial or cremation; or
b: an amount equivalent to the reasonable cost of transporting the body to the locality from where the veteran was admitted to hospital.
5: Regulations may be made under section 265 Section 153 heading replaced 1 October 2020 section 26 Veterans’ Support Amendment Act 2020
154: Funeral expenses: other deceased veterans (Scheme One only)
1: VANZ may pay a reasonable amount in respect of the funeral and burial or cremation of a veteran to whom section 153
2: This subsection applies if—
a: the veteran was, at the time of death, receiving any of the following pensions or entitlements:
i: weekly income compensation under Part 3
ii:
iii: veteran's pension under Part 6 Part 6
iv: New Zealand Superannuation:
v: a supported living payment under the Social Security Act 2018
b: the veteran leaves a surviving spouse or partner, or a child or children, or dependants, who will, in the opinion of VANZ be entitled to—
i: a pension under section 66 72 76
ii:
3: The maximum amount payable under subsection (1) must be specified in regulations made under section 265 Section 154 heading replaced 1 October 2020 section 27(1) Veterans’ Support Amendment Act 2020 Section 154(1) amended 1 October 2020 section 27(2) Veterans’ Support Amendment Act 2020 Section 154(2)(a)(ii) repealed 1 October 2020 section 27(3) Veterans’ Support Amendment Act 2020 Section 154(2)(a)(v) amended 26 November 2018 section 459 Social Security Act 2018 Section 154(2)(b)(ii) repealed 1 October 2020 section 27(3) Veterans’ Support Amendment Act 2020
155: Extent to which funeral expenses payable under this subpart and under Accident Compensation Act 2001
1: Funeral expenses are payable under this subpart in respect of a veteran in addition to any funeral grant payable under the Accident Compensation Act 2001
2: However, if the funeral expenses payable under this subpart in respect of a veteran are more than a funeral grant payable under the Accident Compensation Act 2001
3: In this section, funeral expenses section 153(3) or (4)
9: Plaques and headstones
156: Plaques and headstones
1: VANZ is responsible for providing, or meeting the cost of providing, plaques and headstones in relation to the burial of veterans and their spouses and partners if—
a: the burials take place in cemeteries or parts of cemeteries under section 15
b: the burials do not take place under that section, but would have been eligible to take place under that section.
2: For the purposes of subsection (1), burial
3: Regulations may be made under section 265
10: Financial advice
157: Veteran entitled to financial advice in certain circumstances
1: This section applies—
a: in relation to the following payments:
i: lump sum payments payable under section 98
ii: aggregated payments payable under clause 55
iii: any other payment under this Act that is specified in regulations made under section 265
b: if the payment is equal to or greater than the prescribed amount.
2: VANZ must provide or meet the cost of providing the veteran with financial advice from a financial advice provider under the Financial Markets Conduct Act 2013
3: Regulations may be made under section 265
a: any other payment under this Act for the purposes of this section:
b: the prescribed amount for the purposes of subsection (1)(b):
c: any limits on the extent to which VANZ provides or meets the cost of providing financial advice:
d: whether VANZ will arrange for the provision of financial advice in all cases or meet the costs of financial advice in all cases or a combination of both.
4: To avoid doubt, VANZ is under no liability for advice provided by a financial advice provider Section 157(2) amended 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 Section 157(4) amended 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019
6: Veteran's pension
Preliminary provisions
158: Interpretation
1: In this Part, unless the context otherwise requires,— 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 Oranga Tamariki Act 1989 employment income
a: means any salary, wage, allowance, bonus, gratuity, extra salary, compensation for loss of office or employment, emolument (of whatever kind), or other benefit in money, for, or in connection with, the employment or service of the person; and
b: includes,—
i: subject to paragraph (c), 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(1)(d)
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 VANZ); but
c: does not include any employer’s superannuation contribution (within the meaning of section YA 1 full-time employment Schedule 2 income Schedule 2 living alone section 159 New Zealand superannuation New Zealand Superannuation and Retirement Income Act 2001 ordinarily resident relationship (partner not receiving superannuation or pension) rate
a: who is married or in a civil union or in a de facto relationship; and
b: whose spouse or partner is not entitled to receive New Zealand superannuation or a veteran’s pension relationship rate single single living alone rate single sharing accommodation rate spouse
2: Unless the context otherwise requires,—
a: any word or expression used in this Part but not defined in this Part has the same meaning as it has in section 7
b: any word or expression used in this Part but not defined in this Part or in section 7 Schedule 2 Section 158(1) dependent child amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 158(1) full-time employment amended 26 November 2018 section 459 Social Security Act 2018 Section 158(1) income amended 26 November 2018 section 459 Social Security Act 2018 Section 158(1) Income Test 3 repealed 1 April 2020 section 18 Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019 Section 158(1) relationship (partner not receiving superannuation or pension) legacy rate repealed 9 November 2020 section 25 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 158(2)(b) amended 26 November 2018 section 459 Social Security Act 2018
158A: Relationship of this Part with Social Security Act 2018
The Social Security Act 2018 Section 158A inserted 9 November 2020 section 26 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
159: Meaning of living alone
1: A single person ( person A living alone
2: The first condition is that person A occupies any of the following kinds of accommodation as person A’s principal residence:
a: a house or flat:
b: a boat or craft moored within the following sea or waters (whether or not it travels within that sea or any of those waters from time to time):
i: the territorial sea of New Zealand or any internal waters of New Zealand:
ii: any waters within New Zealand that are a lake, estuary, lagoon, river, stream, creek, or other waters:
c: a hotel room or motel unit:
d: a room in a boarding house:
e: a unit of accommodation in a caravan park:
f: a mobile home (whether or not it is in a caravan park and whether or not it travels from time to time) that VANZ is satisfied is sufficiently self-contained to be reasonably habitable as a residence:
g: any other accommodation of a kind prescribed by regulations made under section 265
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) applies.
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in Schedule 2
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:
7: In this section,— boarding house section 66B territorial sea of New Zealand internal waters of New Zealand Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 1954 No 54 s 67A Section 159(2) replaced 9 November 2020 section 27(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 159(4)(a)(i) amended 26 November 2018 section 459 Social Security Act 2018 Section 159(6) repealed 9 November 2020 section 27(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 159(7) internal waters of New Zealand internal waters amended 9 November 2020 section 27(3) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
160: Delegation of general manager's functions, duties, and powers under this Part
1: The general manager 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 2018
a: this Part; and
b: any provision in the Social Security Act 2018
2: Subsection (1) applies to any of the functions, duties, and powers that are the general manager's functions, duties, and powers in accordance with section 201
3: Clauses 2 to 4 clause 2 1954 No 54 s 69 Section 160(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 160(1)(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 160(3) replaced 7 August 2020 section 135 Public Service Act 2020 Entitlement
161: Entitlement to veteran’s pension
1: A veteran is entitled to a veteran’s pension if—
a: the veteran has qualifying operational service; and
b: the veteran has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation.
2: A person is entitled to a veteran's pension if—
a: the person has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and
b: the person was, immediately before the commencement of this Part, entitled to receive a veteran’s pension under the War Pensions Act 1954
3: This section is subject to section 167
162: Entitlement of spouse or partner of veteran to veteran's pension
1: For the purposes of subsection (2)(b), this subsection applies to a veteran if—
a: the veteran has qualifying operational service; and
b: the veteran has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and
c: either—
i: the veteran is entitled to a disablement pension or an independence allowance, or has been paid a lump sum under section 98
ii: the veteran was, immediately before the commencement of this Part, entitled to a war disablement pension for disablement of 70% or more under Part 2 4 5
2: Subject to subsection (3), the spouse or partner of a veteran is entitled to a veteran’s pension if—
a: the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and
b: subsection (1) applies to the veteran or the veteran is entitled to a veteran’s pension under section 164
3: A spouse or partner described in subsection (2) is not entitled to a veteran's pension if—
a: the veteran and the claimant are living apart or are not maintaining a relationship in the nature of a marriage; and
b: the claimant is not contributing to the veteran's day-to-day welfare.
4: Despite subsection (3), a spouse or partner described in subsection (2) is entitled to a veteran's pension if the circumstances described in subsection (3) occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant.
5: This section is subject to section 167 1954 No 54 s 70(1), (2)
163: Entitlement of spouse or partner of deceased veteran to veteran's pension
1: The spouse or partner of a deceased veteran is entitled to a veteran’s pension if—
a: the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and
b: the veteran had qualifying operational service; and
c: the veteran, had he or she not died, would have reached the New Zealand superannuation qualification age and been eligible to receive New Zealand superannuation; and
d: one of the following applies:
i: the veteran was, at the date of his or her death, receiving a disablement pension or an independence allowance, or had been paid a lump sum under section 98
ii: the veteran was, at the date of his or her death, receiving a war disablement pension for disablement of 70% or more under Part 2 4 5
iii: VANZ considers that, had the veteran not died, the veteran would have been eligible to receive,—
A: if the veteran died after the commencement of this Part, a disablement pension or an independence allowance, or a lump sum under section 98
B: if the veteran died before the commencement of this Part, a war disablement pension for disablement of 70% or more under Part 2 4 5
2: The spouse or partner of a deceased veteran is entitled to a veteran’s pension if—
a: the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and
b: the veteran had qualifying operational service; and
c: the veteran died—
i: before the commencement of this Part and either—
A: the veteran was, at the date of his or her death, receiving a veteran's pension under section 70(1)(b)(ii)
B: VANZ considers that the veteran would have been eligible, at the date of his or her death, to receive a veteran's pension under section 70(1)(b)(ii)
ii: after the commencement of this Part and the veteran was, at the date of his or her death, entitled to a veteran's pension under section 164
3: Subsections (1) and (2) do not apply if, immediately before the veteran's death,—
a: the veteran and the claimant were living apart or were not maintaining a relationship in the nature of marriage; and
b: the claimant was not contributing to the veteran's day-to-day welfare.
4: Subsection (3) does not apply if the circumstances described in that subsection occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant.
5: If a spouse or partner described in subsection (1) or (2) enters into a new relationship after the veteran's death, the spouse or partner's entitlement to the veteran's pension ceases immediately.
6: For the purposes of subsection (5), a spouse or partner of a deceased veteran enters into a new relationship after the veteran's death, when the spouse or partner—
a: marries; or
b: enters into a civil union; or
c: enters into a de facto relationship.
7: This section is subject to section 167 1954 No 54 s 70(1), (2) Entitlement to veteran's pension by reason of infirmity
164: Entitlement to veteran’s pension under War Pensions Act 1954 by reason of infirmity
1: A veteran is entitled to a veteran's pension if, at the commencement of this Part, he or she—
a: was receiving a veteran’s pension under the War Pensions Act 1954 section 70(1)(b)(ii)
b: has not reached the New Zealand superannuation qualification age.
2: The veteran ceases to be entitled to a veteran's pension under subsection (1) on reaching the New Zealand superannuation qualification age.
3: If the veteran is also entitled to weekly income compensation under subpart 4
4: If the veteran elects to receive weekly income compensation, all of the provisions of subpart 4
5: A veteran who has received weekly income compensation under subpart 4 1954 No 54 s 70(1)
165: Veteran’s ability to earn employment income
1: This section applies to a veteran who is receiving a veteran’s pension under section 164(1)
2: The veteran does not cease to be entitled to a veteran’s pension merely because he or she, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
3: However, if a medical practitioner or nurse practitioner certifies in accordance with section 166(2) section 164 1954 No 54 s 71
166: Medical examination of veteran receiving pension under section 164
1: VANZ may require a veteran receiving a veteran’s pension under section 164 section 212
2: The medical practitioner or nurse practitioner must certify—
a: whether, in his or her opinion, the veteran is prevented from undertaking full-time employment as a result of a mental or physical infirmity; and
b: the estimated duration of that condition.
3: The medical practitioner or nurse practitioner must state the grounds for his or her opinion. 1954 No 54 s 72 Person may not receive New Zealand superannuation and veteran's pension
167: Person may not receive New Zealand superannuation and veteran's pension at same time
1: A person who is entitled to both a veteran’s pension and New Zealand superannuation may receive only one of those entitlements at any time.
2: A person who receives New Zealand superannuation and who would also, except for subsection (1), be entitled to a veteran's pension, may elect to receive a veteran's pension instead of New Zealand superannuation.
3: A person who receives a veteran's pension and who would also, except for subsection (1), be entitled to New Zealand superannuation, may elect to receive New Zealand superannuation instead of a veteran's pension. 1954 No 54 s 70(3), (4) Commencement and rates of veteran's pension
168: Commencement of veteran’s pension
A veteran’s pension commences on the later of—
a: the date on which the applicant became entitled to it; and
b: the date on which VANZ received the application for it. 1954 No 54 s 73
169: Rates of veteran's pension
1: The rate of veteran's pension payable to a person is the appropriate rate specified in regulations made under section 265
2: The following rates of veteran's pension must be specified in the regulations referred to in subsection (1):
a: a single living alone rate:
b: a single sharing accommodation rate:
c: a relationship rate:
d: a relationship (partner not receiving superannuation or pension) rate.
e:
3: The relationship (partner not receiving superannuation or pension) rate is the appropriate rate of veteran’s pension payable to a person only in the circumstances specified in clause 22 1954 No 54 s 74(1) Section 169(2)(e) repealed 9 November 2020 section 28(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 169(3) replaced 9 November 2020 section 28(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
170: Annual adjustment of rates of veteran's pension
1: The rates of veteran's pension must be reviewed in accordance with this section before 1 April every year and, if the review concludes that any of the rates require adjustment under this section, the relevant rate or rates must be adjusted as at 1 April by a notice published by VANZ in accordance with this section
2: In this section,— average wage QES Consumers Price Index (all groups) earner levy section 219(1) standard tax schedule 5, part A, clause 4
3: Subject to subsections (5) and (6), the relationship rate, the single living alone rate, and the single sharing accommodation rate must be adjusted upwards to reflect any percentage movement upwards in the Consumers Price Index (all groups)
a: the Consumers Price Index (all groups)
b: the Consumers Price Index (all groups)
4: The adjustments (by any percentage movements upwards in the CPI) required under subsection (3) as at 1 April in any year from 2015 to 2021 (inclusive) despite subsection (3), be calculated using index numbers of the Consumers Price Index less cigarettes and tobacco subgroup published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
5: If the relationship rate, the single living alone rate, or the single sharing accommodation rate does not meet the relevant criteria described in subsection (6), the rate must be adjusted to meet the criteria.
6: The criteria are—
a: the total amount payable to a veteran and the veteran's spouse or partner who are both eligible to receive a veteran's pension at the relationship rate (before any abatement under section 171 66%
b: the single living alone rate (before any abatement under section 171
c: the single sharing accommodation rate (before any abatement under section 171
7: For the purposes of subsection (1), the notice
a: must preserve the proportional relationship of the relationship (partner not receiving superannuation or pension) rate (before any abatement under section 171
b: must not reduce any of the rates of veteran's pension:
ba: is secondary legislation ( see Part 3
c: comes into force, or is to be treated as having come into force, on 1 April of the calendar year in which it is made, and applies to veterans’ pensions on and after that date, even if it is not yet published
d: must , in addition to being published under the Legislation Act 2019
i: on an Internet site maintained by or on behalf of VANZ; and
ii: in any other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the general public. 1954 No 54 s 74C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must comply with subsection (7)(d) LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 170(1) amended 1 October 2020 section 28(1) Veterans’ Support Amendment Act 2020 Section 170(2) average wage amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(2) Consumers Price Index (all groups) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(2) CPI repealed 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(2) standard tax amended 1 April 2019 section 259 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 170(3) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(3)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(3)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(4) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 170(4) amended 31 May 2016 section 12 Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 Section 170(6)(a) amended 9 November 2020 section 29 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 170(7) amended 1 October 2020 section 28(2) Veterans’ Support Amendment Act 2020 Section 170(7)(ba) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 170(7)(c) replaced 1 October 2020 section 28(3) Veterans’ Support Amendment Act 2020 Section 170(7)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 170(7)(d) inserted 1 October 2020 section 28(3) Veterans’ Support Amendment Act 2020 Section 170(7)(d) amended 28 October 2021 section 3 Secondary Legislation Act 2021
171: Abatement of veteran’s pension
1: The amount payable to a veteran who is entitled to a veteran’s pension under section 161 164 section 265
2: Regulations made under section 265
a: a veteran’s pension under section 161 section 164
b: a veteran’s pension under section 164
i: the relationship rate, the single living alone rate, or the single sharing accommodation rate:
ii: the relationship (partner not receiving superannuation or pension) rate
3: Regulations made under section 265 section 161 164
a: must state the date on which they are to have effect (which may be a date before the date on which they were made); and
b: apply to abatement thresholds as applicable on or after the date on which the regulations have effect.
4: Subsection (3) does not authorise any payment to be made before the date on which the regulations that increase the abatement threshold are made. 2018 No 32 s 452 Section 171 replaced 1 April 2020 section 19 Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019 Section 171(2)(b)(ii) amended 9 November 2020 section 30 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
172: Election if spouse or partner not entitled to superannuation or veteran's pension
Section 172 repealed 9 November 2020 section 31 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
173: Entitlement to veteran's pension for spouses or partners of persons in long-term residential care
1: This section applies to any person—
a: who is not in long-term residential care but whose spouse or partner is in long-term residential care section 5
b: who is receiving a veteran’s pension, or whose spouse or partner is receiving a veteran’s pension.
2: A person to whom this section applies is entitled to a veteran's pension at—
a: the single living alone rate, if the person is living alone; or
b: the single sharing accommodation rate, if the person 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 the Residential Care and Disability Support Services Act 2018
4: In subsection (3), any benefit
a: has, under section 158(2)(b) Schedule 2 Social Security Act 2018
b: includes, for example, an accommodation supplement (as is explained in the guide in section 17A 1954 No 54 s 74BA Section 173 heading amended 1 October 2020 section 29(1) Veterans’ Support Amendment Act 2020 Section 173(1)(a) amended 1 October 2020 section 29(2) Veterans’ Support Amendment Act 2020 Section 173(1)(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 173(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 173(4) inserted 26 November 2022 section 11 Social Security (Accommodation Supplement) Amendment Act 2022 Lump sum payment on death
174: Lump sum payment on death
1: Subsection (2) applies on the death of the following:
a: a veteran to whom section 162(1)
i: is ordinarily resident in New Zealand; and
ii: is receiving a veteran’s pension; and
b: a veteran who, on the date of death,—
i: is ordinarily resident in New Zealand; and
ii: is receiving a veteran’s pension under section 164.
2: The amount specified in regulations made under section 265
a: is payable to the surviving spouse or partner of the veteran; or
b: if there is no surviving spouse or partner, is to be apportioned equally between any dependent children of the veteran.
3: Subsection (4) applies on the death of the spouse or partner of a veteran if, on the date of death, the spouse or partner is—
a: ordinarily resident in New Zealand; and
b: receiving a veteran’s pension under section 162(2)
4: The amount specified in regulations made under section 265
5: The regulations specifying the amounts payable under this section may provide for different amounts to be payable—
a: on the death of a veteran who,—
i: on the date of his or her death, was receiving a veteran’s pension on account of his or her own service; and
ii: before 1 April 1990, was receiving a war veteran’s allowance under the War Pensions Act 1954
b: on the death of a veteran who, on the date of his or her death, was receiving a veteran’s pension on account of his or her own service:
c: on the death of the spouse or partner of a veteran if the veteran is receiving a veteran’s pension on account of his or her own service and the spouse or partner was receiving a veteran’s pension.
6: The amount of any veteran’s pension paid or payable in respect of the person who has died following their death is deductable from any amount payable under this section. 1954 No 54 s 74A Review of decision relating to veteran's pension
175: Review of decision relating to veteran's pension
1: A person affected by a decision of VANZ under this Part may (subject to subsection (2)) appeal the decision—
a: to the social security appeal authority, in accordance with section 397(1)(e)
b: if the decision was made on medical grounds, to a board appointed under Schedule 9
2: A person may not appeal to the Social Security Appeal Authority a decision to decline entitlement to a veteran's pension on the basis that the service on which a claim to entitlement is based is not qualifying operational service.
3: A person affected by a decision described in subsection (2) may apply for a review of the decision in accordance with subpart 2 Section 175(1) replaced 26 November 2018 section 459 Social Security Act 2018 Payment overseas of veteran's pension
176: 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 177 to 196 any reciprocity agreement adopted under section 380 1954 No 54 s 74E Section 176 amended 26 November 2018 section 459 Social Security Act 2018
177: 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 181
a: the person’s absence does not exceed 30 weeks; or
b: the person’s absence exceeds 30 weeks and VANZ 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. 1954 No 54 s 74F
178: Absences up to 2 years for medical treatment
VANZ may, in its 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, partner, child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assistance. 1954 No 54 s 74G
179: Absences up to 156 weeks with aid agencies
1: VANZ 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 weeks; and
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). 1954 No 54 s 74H
180: 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 176 1954 No 54 s 74I
181: Payment overseas of veteran's pension
Section 182
a: applies to a country if it is not a country with whose government New Zealand has a reciprocity agreement in force under section 380
b: applies to a person if he or she has left New Zealand at a time when he or she—
i: was intending to reside for a period longer than 26 weeks in a country (or 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 190(1)
ii: was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand. 1954 No 54 s 74J Section 181(a) amended 26 November 2018 section 459 Social Security Act 2018
182: Entitlement to payments overseas
1: A person to whom this section applies is entitled to be paid a veteran's pension at the appropriate rate specified in section 183(1)
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 2 or more countries) to which this section applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 190(1)
i: begins to reside in a country that is not a country to which this section applies; or
ii: begins to reside in New Zealand again; or
iii: begins to receive a veteran's pension otherwise than under this section; or
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 this section applies; or
ii: returns to New Zealand.
2: For the purposes only of subsection (1)(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
3: Except to the extent provided by subsection (1)(a)(i) and (b)(i), 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.
4: Subsection (3) is for the avoidance of doubt. 1954 No 54 s 74J
183: Rates of veteran's pension payable overseas
1: The rates referred to in section 182(1)
a: for a single person, a rate that is a proportion (calculated under section 184
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 184
2: If section 171(2) section 184
3: This section is subject to section 186 1954 No 54 s 74J
184: Calculation of amount of veteran's pension payable overseas
The proportion referred to in section 183(1)
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 the total calculated under paragraph (c) by 540. 1954 No 54 s 74JA
185: Treatment of certain absences for purposes of calculation
For the purposes of section 184 section 9 10 10A Section 185 replaced 9 November 2020 section 32 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
186: Application for entitlement
A person is not entitled to be paid a veteran's pension under section 182
a: has made an application for the payment of a veteran's pension under that section that states (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 a veteran's pension on that day; or
ii: will become entitled to a veteran's pension before he or she leaves New Zealand. 1954 No 54 s 74JB
187: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 182
2: VANZ may accept an application for payment in accordance with section 182
3: If VANZ 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 177 to 180 1954 No 54 s 74K
188: Date of commencement of payment overseas
1: The date of commencement of payment overseas of a veteran’s pension under section 182
2: However, in the case of an application under section 187
3: Subsection (2) is subject to section 317 1954 No 54 s 74L Section 188(3) amended 26 November 2018 section 459 Social Security Act 2018
189: Relationship with other benefit provisions
1: A person who is receiving a veteran’s pension overseas under section 182 assistance under the Social Security Act 2018 section 100 101
2: When a person who receives a veteran’s pension overseas under section 182 sections 325 to 330
a: to be determined by VANZ; and
b: that must be not more than 4 weeks after the person’s date of death.
3: The Social Security Act 2018 section 182
a: sections 111 114 173 to 196 204 206 to 219
b: the rest of that Act applies to those pensions except as provided in this section. 1954 No 54 s 74M Section 189(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 189(2) replaced 26 November 2018 section 459 Social Security Act 2018 Section 189(3) replaced 26 November 2018 section 459 Social Security Act 2018
190: Specified Pacific country
1: In sections 191 to 195 specified Pacific country
a: that is listed in Schedule 3
b: that is not a country with which New Zealand has a reciprocity agreement in force under section 380
2: The Governor-General may, by Order in Council, amend Schedule 3
a: inserting the name of any Pacific country or territory; or
b: replacing the former name of a country or territory with 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 191
5: An order under this section—
a: is secondary legislation ( see Part 3
b: commences in accordance with subsection (3), even if it is not yet published.
5:
6: An order under this section must be confirmed by an Act ( see subpart 3 1954 No 54 s 74N The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 190(1)(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 190(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 190(5) repealed 26 November 2018 section 459 Social Security Act 2018 Section 190(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
190A: Orders are confirmable instruments
The explanatory note of an Order in Council made under section 190(2)
a: it is a confirmable instrument, and an annual confirmable instrument, under section 47B
b: it is revoked, or taken to have been invalid for past operation, at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) Section 190A inserted 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
191: Entitlement to be paid veteran's pension in specified Pacific country
1: A person entitled to a veteran’s pension is entitled to be paid the pension in a specified Pacific country at a rate calculated under section 192 or (4)
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 a veteran’s pension on the date of the application; or
ii: will be entitled to 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 Part came into force, being paid a veteran’s pension while resident in a specified Pacific country under section 74O
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.
4: This subsection applies to a person—
a: who, on or after the date this subsection comes into force, makes an application to be paid a veteran’s pension in a specified Pacific country; and
b: who is resident in the Cook Islands, Niue, or Tokelau on the date of the application; and
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
d: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be paid to him or her.
5: If subsection (4) applies, an application to be paid a veteran’s pension in a specified Pacific country must be made in addition to an application to be paid a veteran’s pension under section 297 section 438
6: The applications referred to in subsection (5) may be made together or separately, and may be made—
a: before an applicant meets the age qualification for New Zealand superannuation in section 7
b: when or after the applicant meets the age qualification. 1954 No 54 s 74O Section 191(1) amended 1 July 2015 section 9(1) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 191(4) inserted 1 July 2015 section 9(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 191(4)(c) replaced 16 November 2021 section 12 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021 Section 191(5) inserted 1 July 2015 section 9(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 191(5) amended 26 November 2018 section 459 Social Security Act 2018 Section 191(6) inserted 1 July 2015 section 9(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015
192: 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 191
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 section 74P(1)(c) section 17BA
i: the amount he or she was being paid immediately before that date (subject to abatement under section 171(2)
ii: the appropriate amount payable under paragraph (a) or (b).
2: For the purposes of this section, the base rate is,—
a: in the case of a single person, the single sharing accommodation rate (subject to abatement under section 171
b: in the case of a person who is married or in a civil union or in a de facto relationship, the relationship rate (subject to abatement under section 171(2)
3: However, if sections 187 to 191 1954 No 54 s 74P Section 192(3) amended 26 November 2018 Social Security Act 2018
193: Commencement and termination of payments
1: The commencement date of payment of a pension paid under section 191
a: in the case of a person to whom section 191(2)
b: in the case of a person to whom section 191(3) ; and
c: in the case of a person to whom section 191(4)
i: the date that the person meets the age qualification for New Zealand superannuation in section 7
ii: the date that the application referred to in section 191(4)
2: When a person being paid a pension under section 191 1954 No 54 s 74Q Section 193(1)(b) amended 1 July 2015 section 10(1) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 193(1)(c) inserted 1 July 2015 section 10(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015
194: Effect on other benefits
A person who is receiving a veteran's pension overseas under section 191 assistance under the Social Security Act 2018 section 100 101 1954 No 54 s 74R Section 194 amended 26 November 2018 section 459 Social Security Act 2018
195: Application of this Act and
Social Security Act 2018
1: Sections 176 to 189 section 191
2: The Social Security Act 2018 sections 204 206 to 208 217 to 219 311 313 to 315 section 191 1954 No 54 s 74S Section 195 heading amended 26 November 2018 section 459 Social Security Act 2018 Section 195(2) amended 26 November 2018 section 459 Social Security Act 2018
196: Certain former economic pensioners may be paid up to the full rate of veteran's pension overseas
1: If, War Pensions Act 1954
2: This section applies despite—
a: sections 181 to 189
b: sections 204 and 219 1954 No 54 s 74T Section 196(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 196(2) inserted 26 November 2018 section 459 Social Security Act 2018
7: Administration
1: Establishment and functions of VANZ and related matters
197: Chief of Defence Force responsible for administration of Act
The Chief of Defence Force is responsible to the Minister for the efficient, effective, and economic administration of this Act.
198: Establishment of VANZ as unit within Defence Force
The Chief of Defence Force must establish a unit within the Defence Force to be called Veterans' Affairs New Zealand.
199: Functions of VANZ
The functions of VANZ are—
a: to provide entitlements to veterans and other claimants in accordance with this Act; and
b: to arrange for the provision of treatment, rehabilitation, and related services to veterans and other claimants in accordance with this Act; and
c: to ensure that systems and processes are in place to enable VANZ, the Defence Force, and the Accident Compensation Corporation to exercise their respective responsibilities under section 87
d: to supply, or to contribute to the cost of, plaques and headstones for deceased service and ex-service persons and their spouses and partners in accordance with this Act; and
e: to contribute to the maintenance and development of cemeteries or parts of cemeteries set aside under section 15
f: to administer the Veterans' Medical Research Trust Fund; and
g: to provide advice to the Minister on any matters relating to veterans; and
h: to undertake any other functions relating to veterans and their families as directed to be undertaken by the Minister or Chief of Defence Force; and
i: to undertake any functions related to or incidental to the functions specified in paragraphs (a) to (h).
200: General Manager and Deputy General Manager of VANZ
1: The Chief of Defence Force must appoint suitable persons to be the General Manager of VANZ, and Deputy General Manager of VANZ.
2: The general manager has and may perform and exercise, subject to the control and direction of the Chief of Defence Force, all the functions and powers necessary for the administration of this Act.
3: The deputy general manager has and may perform and exercise, subject to the control and direction of the Chief of Defence Force or the general manager, all the functions and powers necessary for the administration of this Act.
4: If there is a vacancy in the office of the general manager, or if the general manager is absent from duty for any reason, the deputy general manager has and may perform and exercise all the functions, duties, and powers of the general manager for as long as the vacancy or absence continues.
5: The fact that the deputy general manager performs or exercises any function, duty, or power of the general manager is, in the absence of proof to the contrary, conclusive evidence of the deputy general manager's authority to do so.
201: Functions, duties, and powers of VANZ
Every function, duty, and power of VANZ under this Act is a function, duty, or power of the general manager.
202: General manager may delegate functions, duties, and powers to members of Defence Force
1: The general manager may delegate, either generally or particularly, any of his or her functions, duties, and powers under this Act to any member of the Defence Force.
2: A delegation may be made under this section to—
a: a specified person; or
b: a person belonging to a specified class of persons; or
c: the holder of a specified office or appointment in the Defence Force; or
d: the holder of an office or appointment of a specified class in the Defence Force.
3: The delegation—
a: must be written; and
b: may include a power to subdelegate any function, duty, or power to any other member of the Defence Force; and
c: may be made subject to any restrictions and conditions that the general manager thinks fit; and
d: is revocable at any time, in writing; and
e: does not prevent the performance of a function or duty, or the exercise of a power, by the general manager.
4: Subject to any restrictions or conditions imposed by the general manager, a person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred directly by this Act and not by delegation.
5: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 1988 No 20 s 41 s 50
203: General manager may delegate functions, duties, and powers outside Defence Force with approval
1: The general manager may delegate any of his or her functions, duties, and powers under this Act,—
a: with the written approval of the Chief of Defence Force, to a person described in clause 2(4)
b: with the written approval of the Chief of Defence Force and the Minister, to a person described in clause 2(5)
2: Clauses 2 to 4
3: This section does not limit section 160 1988 No 20 s 41 Section 203(1)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 203(1)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 203(2) replaced 7 August 2020 section 135 Public Service Act 2020
204: Immunity from civil liability
1: This section applies to—
a: the general manager:
b: the deputy general manager:
c: any member of the Defence Force performing or exercising a function, duty, or power under this Act:
d: a review officer:
e: the RSA member of the review panel:
f: a member of the appeal board:
g: a member of the advisory board:
h: a member of the advisory panel.
2: The person is immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their functions, duties, or powers.
3: Despite subsection (2), to the extent that the person's actions or omissions are not done or omitted in the discharge or purported discharge of the person's responsibilities of a judicial nature or in connection with the execution of judicial process,—
a: a court may find the Crown itself liable in tort in respect of the actions or omissions; and
b: for the purpose of determining whether the Crown is so liable, the court must disregard the immunity in subsection (2). 1950 No 54 s 6(5) s 86
205: VANZ may reconsider decision
1: If VANZ considers it made a decision in error, it may reconsider the decision at any time, whatever the reason for the error.
2: This section
a: an application for review of the decision did not succeed (in whole or in part); and
b: an appeal against the unsuccessful review decision did not succeed (in whole or in part).
3: Without limiting subsection (1),
a: a statement of principles is adopted or modified under section 22
b: a presumptive decision-making condition is specified or amended in regulations made after the decision was made and, if the condition had been specified or amended before the decision was made, it would have materially affected the decision; or
c: service is declared operational service under section 9
d: VANZ receives new information and, if that information had been received before the decision was made, it would have materially affected the decision.
4: VANZ may reconsider a decision to which subsection (3)(a) or (b) applies on application by the affected person or on its own initiative.
5: VANZ may reconsider a decision to which subsection (3)(c) applies on application by the affected person.
6: A decision by VANZ to decline to reconsider a decision under this section is not subject to review under section 215
7: If VANZ decides to reconsider a decision under this section, VANZ must provide the claimant with an opportunity to make a submission on the decision before it is reconsidered.
8: If, following reconsideration, VANZ decides that a person has an entitlement, the entitlement commences on the date it would have commenced on had VANZ decided that the person had the entitlement at the outset.
9: Any decision made as a consequence of the reconsideration of a decision under this section is subject to review under section 215 Section 205(2) amended 1 October 2020 section 30(1) Veterans’ Support Amendment Act 2020 Section 205(3) amended 1 October 2020 section 30(2) Veterans’ Support Amendment Act 2020 Section 205(3)(d) inserted 1 October 2020 section 30(3) Veterans’ Support Amendment Act 2020
206: Recovery of debts by VANZ
1: An overpayment by VANZ is a debt due to VANZ if the overpayment is—
a: an amount paid to a person that exceeds the amount to which the person is entitled under this Act or that was payable under the War Pensions Act 1954
b: an amount paid to a person who has no entitlement to it under this Act or the War Pensions Act 1954
2: VANZ may—
a: recover the debt by way of proceedings; or
b: deduct all or part of the debt from any amount payable to that person by VANZ.
3: However, if a person receives a payment from VANZ in good faith, VANZ may not—
a: recover all or any part of the payment on the ground only that the decision under which the payment was made has been revised on medical grounds; or
b: recover all or any part of the payment if the recipient—
i: did not intentionally contribute to the error; and
ii: has so altered his or her position in reliance on the validity of the payment that it would be inequitable to require repayment. 2001 No 49 ss 248 251
207: Entitlements inalienable
1: All entitlements are absolutely inalienable, whether by way of, or in accordance with, a sale, assignment, charge, execution, bankruptcy, or otherwise.
2: This section does not affect—
a: any right of VANZ to recover any amounts under this Act or to make any deductions authorised by this Act from any entitlements that VANZ is liable to provide; or
b: sections 4 5
c: sections 154 to 161
d: sections 87(2)(b) 88AE(1)(a) 103 104 105 to 106B
e: section 27Y section 256(1) regulations made under section 444
f: sections 105 110 118 121 section 259(1)
g: the Child Support Act 1991
h: subparts 1 2 5 section 193
i: subpart 1
j: section 157
k: section 41B 1954 No 54 s 89(1) 1964 No 136 s 84(1) 2001 No 49 s 123 Section 207(2)(c) replaced 1 March 2017 section 261 District Court Act 2016 Section 207(2)(e) amended 26 November 2018 section 459 Social Security Act 2018
208: Entitlements to be provided to claimant only
1: VANZ must provide entitlements only to the claimant to whom VANZ is liable to provide the entitlements.
2: Subsection (1) does not apply—
a: to payments made by VANZ directly to a person for providing entitlements to the claimant; or
b: to payments authorised by regulations made under section 265
c: to payments made under section 209 210 2001 No 49 s 124
209: VANZ to pay amount for child to caregiver or financially responsible person
1: This section applies if an entitlement provided to a claimant who is not yet 16 years old is solely a payment of money.
2: VANZ must make the payment—
a: to a person who is caring for the claimant; or
b: if VANZ considers that it would not be appropriate to make the payment to such a person, to another person or to trustees who, in either case, VANZ considers will apply the payment as required by subsection (3).
3: A person to whom a payment is made under subsection (2) must apply it for the maintenance, education, advancement, or benefit of the claimant.
4: VANZ is not under an obligation to see to the application of any money paid under this section, and is not liable to the claimant in respect of any such payment. 2001 No 49 s 125
210: VANZ to pay amount to claimant's estate
1: Subsection (2) applies to any entitlement (other than a lump sum payment) that is a payment that VANZ—
a: is liable to make to a claimant, but that has accrued and is unpaid at the date of the claimant's death; or
b: would have been liable to make to the claimant, if the claimant had made a claim for it.
2: VANZ is liable to pay the amount to the claimant's estate if the estate applies for it within 3 years after the date of the claimant's death. 2001 No 49 s 126
211: Defence Force to report on timeliness of decision-making and implementation of systems and procedures
The Defence Force must, in its annual report,—
a: provide a comparison of—
i: the period of time on average that VANZ takes to make decisions on claims for entitlement under this Act during the year; and
ii: the 30-working-day period specified under section 11(2)
b: report on the implementation of the systems and procedures referred to in section 199(c)
212: Appointment of assessors and examiners
1: VANZ must appoint as many health practitioners as it considers necessary to do assessments or examinations under sections 27(1)(c) and (2)(c) 124 130 166(1) clause 48 50
2: VANZ may appoint a health practitioner to do assessments under the Act generally, or in respect of particular sections of the Act.
3: VANZ must pay assessors to do assessments and, if fees and allowances of assessors are prescribed in or under regulations made under section 265
4: In appointing a person to be an assessor, VANZ must have regard to the skills, qualifications, and training that VANZ considers appropriate for a person to do the assessments for which it is proposed to appoint the person an assessor.
5: VANZ may appoint a medical practitioner to do assessments under section 134
6: A medical practitioner who provides general medical services must also—
a: have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
b: have at least 5 years' experience in general practice; and
c: meet at least 1 of the following criteria:
i: be a Fellow of the Royal New Zealand College of General Practitioners or hold an equivalent qualification:
ii: be undertaking training towards becoming a Fellow of the Royal New Zealand College of General Practitioners or holding an equivalent qualification:
iii: have undertaken relevant advanced training.
7: A medical practitioner who does not provide general medical services must—
a: have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
b: be a member of a recognised college. 2001 No 49 Schedule 1
213: Purposes for which VANZ may collect information
VANZ may collect information for the following purposes:
a: to enable a comprehensive claims database to be maintained:
b: to facilitate the monitoring of the operation of this Act:
c: to monitor and evaluate the nature, incidence, severity, and consequences of service-related illnesses and injuries:
d: the provision of appropriate rehabilitation and treatment:
e: the provision of appropriate compensation:
f: policy development under this Act. 2001 No 49 s 279
2: Reviews and appeals
Preliminary provision
214: Effect of review or appeal on decisions
1: A decision by VANZ that relates to a veteran's or other claimant's entitlement continues to be of full effect even though—
a: an applicant has made a review application relating to the decision; or
b: any other proceeding relating to the decision has been commenced.
2: A review decision continues to be of full effect, unless subsection (3) applies, even though—
a: an appellant has filed a notice of appeal relating to the review decision; or
b: any other proceeding relating to the review decision has been commenced.
3: A review decision ceases to be of full effect if all the parties to the review agree to a variation of it for the benefit of the claimant.
4: A review decision is subject to section 237 2001 No 49 s 133 Review of VANZ decisions
215: Review of decision
1: A veteran or other claimant may apply for a review of a decision by VANZ that relates to that person's entitlement, including—
a: a decision of VANZ made under Part 3 4 5
i: eligibility for an entitlement:
ii: whether there is a relationship between a veteran's injury, illness, or death and the veteran's qualifying service:
iii: whether and, if so, to what extent a veteran's service is qualifying service:
iv: the degree of impairment caused by an injury or illness:
b: a decision of VANZ to decline entitlement to a veteran's pension under Part 6
2: Subsection (1) does not limit or affect any other right or appeal provided for under this Act.
216: Procedure for reviews
1: The procedure for reviews may be prescribed in regulations made under section 265
2: Regulations referred to in subsection (1) prescribing the procedure for reviews—
a: may prescribe different procedures to apply in respect of different types of review; and
b: must not be inconsistent with the provisions of this subpart.
217: Application for review
1: A review application is made by giving an application that complies with subsection (2) to VANZ.
2: The application must—
a: be in writing:
b: be made in the form provided by VANZ for the purpose:
c: identify the decision or decisions in respect of which it is made:
d: state the grounds on which it is made.
3: An applicant may also provide written submissions and any information (whether prepared by the applicant or any other person) in support of the application. 2001 No 49 s 135
218: Time limit for application for review
1: The applicant must apply for review within 6 months after receiving notification of the decision.
2: However, a review application may be made later if the review officer is satisfied that the delay was caused by circumstances beyond the applicant's control. 1954 No 54 s 15D(1)
219: Review to be conducted by review officer or review panel
1: A review of the decision must be conducted by a review officer unless subsection (3) applies.
2: If an application for review relates to—
a: a decision made by the deputy general manager, the review must be conducted by a review officer appointed by the general manager:
b: a decision made by the general manager, the review must be conducted by a review officer appointed by the Chief of Defence Force.
3: This subsection applies to a review of a decision of VANZ—
a: to decline entitlement under this Act on the basis that the service on which the claim for entitlement is based is not qualifying service; or
b: to decline entitlement to a veteran's pension under Part 6
4: If subsection (3) applies—
a: the review must be conducted by the review panel instead of a review officer; and
b: this subpart applies, with all necessary modifications, to a review by the review panel as if the review were conducted by a review officer.
220: Conduct of review
1: A review officer must act independently when conducting a review.
2: A review officer must not conduct a review if the review officer has had any previous involvement with the claim other than as a review officer.
3: The review officer must—
a: decide the review on the basis of its substantive merits under this Act:
b: conduct the review on the papers without a hearing:
c: comply with—
i: the principles of natural justice; and
ii: the principles specified in section 10(b)
iii: any other relevant provision of this Act and any regulations made under this Act in accordance with section 216 1954 No 54 s 15B(1)(a)
221: Review officer may require further information or assessment
1: The review officer may require the applicant or VANZ to provide any information that the review officer considers is reasonably necessary to decide the review.
2: The review officer may seek an assessment of the person's impairment only if the review officer considers that the assessment is reasonably necessary to decide the review.
3: The medical assessment must be conducted in accordance with any regulations made under section 265 1954 No 54 s 15B(1)(b), (c)
222: Decision of review officer
1: The review officer must—
a: confirm the decision; or
b: modify the decision; or
c: revoke the decision; or
d: make any other decision that is appropriate to the circumstances of the case.
2: If the review officer revokes the decision, the review officer must—
a: substitute the review officer's decision for that of VANZ; or
b: require VANZ to make the decision again in accordance with directions that the review officer gives to VANZ. 1954 No 54 s 15D(3) Veterans' Service Review Panel
223: Veterans' Service Review Panel
1: The general manager may appoint a Veterans' Service Review Panel (the review panel
a: from time to time; or
b: in respect of a particular review.
2: The review panel has the function specified in subsection (3) in relation to a review of a decision of VANZ—
a: to decline entitlement under this Act on the basis that the service on which the claim for entitlement is based is not qualifying service; or
b: to decline entitlement to a veteran's pension under Part 6
3: The function of the review panel is to conduct the review in accordance with section 219(4)
224: Membership of review panel
1: The general manager must only appoint members who, in the general manager's view, have qualifications and experience that are relevant to the review panel's function.
2: The review panel must comprise—
a: an employee or contractor of the New Zealand Defence Force; and
b: a person nominated by the Royal New Zealand Returned and Services' Association (the RSA member
225: Review panel may seek and receive further information
1: The review panel may seek and receive any information that the review panel considers reasonably necessary to decide the review from any person with relevant expertise (for example, an historian).
2: The review panel's ability to seek and receive information under this section is in addition to the ability to require information under section 221(1)
226: Decision stands if panel unable to agree
If the members of the review panel are unable to agree how to decide a review, the decision under review is to be treated as if it has been confirmed by the review panel.
227: RSA member
1: The RSA member of the review panel is entitled, in accordance with the fees framework,—
a: to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework section 10
3: The RSA member may resign at any time by giving written notice to the general manager. Appeal against review decision
228: Appeal against review decision
1: A review decision made under this subpart may be appealed by the person who applied for the review or by VANZ.
2: An appeal is brought by the appellant giving a notice of appeal to the other party.
3: The notice of appeal must be in writing and made in the form provided for the purpose by VANZ.
4: An appeal must be brought within 6 months after the date of the review decision.
5: However, the appeal board may, in its discretion, extend the time for bringing an appeal if the appeal board thinks an extension is in the interests of justice.
6: As soon as practicable after an appeal is brought, VANZ must provide to the appeal board—
a: the notice of appeal; and
b: the review decision under appeal; and
c: any application, written submissions, statements, reports, and other documents held by VANZ that relate to the review decision.
7: VANZ must, at the time that it provides the documents specified in subsection (6)(c) to the appeal board, provide a copy of the documents to the other party.
229: Hearing and determination of appeal
1: An appeal made to the appeal board is a de novo
2: Appeals must, in accordance with section 10(b)(iv)
3: The appeal board may, for the purposes of hearing an appeal,—
a: receive any evidence or information that, in its opinion, may assist it to determine the appeal, whether or not that evidence or information would be admissible in a court of law:
b: take evidence on oath or affirmation, and for that purpose an oath or affirmation may be administered by the chairperson of the appeal board:
c: permit a witness to give evidence by any means, including by written or electronic means or in person or remotely, and, if the appeal board considers it appropriate, require the witness to verify the evidence by oath or affirmation.
4: The appeal board may, on application or on its own initiative, hear an appeal or part of an appeal in private.
5: The appeal board must comply with—
a: the principles of natural justice; and
b: the principles specified in section 10(b)
c: any other relevant provision of this Act and any regulations made under section 265 1954 No 54 s 18 s 14
230: Composition of appeal board
1: Every appeal must be heard by not fewer than 3 members—
a: 1 of whom must be a medical practitioner; and
b: 1 of whom must be the chairperson.
2: Every appeal must be determined by a majority of the votes of the members hearing the appeal, and the chairperson has a casting vote if voting is equal. 1954 No 54 s 8(3), (8)
231: Power to require documents
The appeal board may, for the purposes of hearing an appeal, require any person to—
a: produce any documents or things in that person's possession or control or copies of those documents or things:
b: allow copies or representations of those documents or things to be made:
c: verify by statutory declaration any written information, copies of documents, or representations of things provided to the inquiry. 2013 No 60 s 20
232: Power to summon witnesses
1: The appeal board may issue a witness summons in writing to any person, requiring that person to attend and give evidence at a hearing before the appeal board.
2: The witness summons must state—
a: the place where, and the date and time when, the person is to attend; and
b: the documents or things in that person's possession or control that he or she is required to produce to the appeal board; and
c: the person's entitlement to be paid costs and travelling expenses, in accordance with section 235
d: the penalty for failing to attend. 2013 No 60 s 23
233: Service of summons on witness
1: Unless a witness has consented to service by another means, a summons must be served personally on that witness by delivering a sealed copy of the summons to the witness not later than 24 hours before the witness must attend the hearing.
2: Despite subsection (1), the appeal board may direct substituted service in accordance with the High Court Rules 2016 2013 No 60 s 24 Section 233(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
234: Offence to fail to comply with summons
Any person who intentionally, and without reasonable excuse, fails to attend a hearing in accordance with the notice of summons commits an offence and is liable, on conviction, to a fine not exceeding $2,000. 2013 No 60 ss 29 30
235: Reimbursement of costs and travelling expenses of appellant, witnesses, and other participants
1: The following are entitled to be paid for their reasonable costs and travelling expenses to attend the hearing of an appeal:
a: the appellant; and
b: any person summoned to attend a hearing.
2: The appeal board may also order that other persons who participate in the hearing of an appeal be paid for their reasonable costs and travelling expenses.
3: The level of reimbursement payable for reasonable costs and travelling expenses is the level prescribed by regulations made under section 265 2013 No 60 s 25
236: Immunities and privileges of participants
1: Witnesses and other persons participating in the hearing of an appeal under this subpart (other than counsel) have the same immunities and privileges as if they were appearing in civil proceedings and the provisions of subpart 8
a: the appeal were a civil proceeding; and
b: every reference to a Judge were a reference to the appeal board.
2: Counsel appearing before the appeal board have the same immunities and privileges as they would have if appearing before a court. 2013 No 60 s 27
237: Decision of appeal board
1: The appeal board must—
a: confirm the review decision; or
b: modify the review decision; or
c: revoke the review decision; or
d: make any other decision that is appropriate to the circumstances of the case.
2: If the appeal board revokes the review decision, the appeal board must—
a: substitute the appeal board's decision for that of the review officer or the review panel (as the case may be); or
b: require VANZ to make the decision again in accordance with directions that the appeal board gives to VANZ.
238: Decision to be made available unless publication prohibited or restricted
1: A decision of the appeal board must be in writing and be signed by the members of the board who heard the appeal.
2: Subject to subsection (3), VANZ must make decisions of the appeal board available on its Internet site.
3: The appeal board may, on application by the appellant or on its own initiative, make an order prohibiting or restricting the publication of—
a: any report of a hearing:
b: the decision or any part of a decision:
c: the name of any person and any details of the decision that would identify the person.
4: Any person who contravenes an order made under subsection (3) commits an offence and is liable on conviction to a fine not exceeding $5,000.
239: Appeal to High Court on questions of law
An appeal against a determination of the appeal board may be made to the High Court, in accordance with the rules of court, only on a question of law. Veterans' Entitlements Appeal Board
240: Veterans' Entitlements Appeal Board
1: This section establishes the Veterans' Entitlements Appeal Board (the appeal board
2: The function of the appeal board is to determine appeals against review decisions.
3: The appeal board may, subject to any provision in this Act or regulations made under this Act, regulate its own procedure.
241: Membership of appeal board
1: The appeal board consists of not more than 4 members of which—
a: 1 must be a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006
b: 2 must be medical practitioners, 1 of whom must be nominated by the Royal New Zealand Returned and Services' Association.
2: The Minister must appoint members of the appeal board on any terms and conditions that the Minister thinks fit.
3: The Minister must appoint the member referred to in subsection (1)(a) as the chairperson.
242: Deputy members
1: For each member that the Minister appoints, the Minister may appoint a deputy member to act in the place of the member if the member is not available to attend and deliberate on an appeal.
2: Every deputy member of the appeal board who acts in the place of a member of the appeal board has the powers and capacity of the member, and the fact that any deputy acts in the place of a member is proof of the deputy’s authority to do so.
243: Specialist member
1: The chairperson may appoint a specialist member to assist the members of the appeal board hearing an appeal if—
a: the appeal involves technical, scientific, or medical matters; and
b: the appointment of a specialist member would substantially assist the members of the appeal board to determine the appeal.
2: A specialist member may participate in the hearing of the appeal to the same extent as the other members hearing the appeal, except that the specialist member is not a member of the appeal board for the purposes of making a determination.
3: A specialist member is appointed only for the purposes of a particular appeal and ceases to hold office when the members of the appeal board have determined the appeal.
244: Appeal board serviced by VANZ
VANZ must provide the resources and administrative support necessary to enable the appeal board to efficiently and effectively perform its functions.
245: Term of appointment
1: The term of office of a member of the appeal board must not exceed 3 years.
2: A member of the appeal board may be reappointed.
3: A member may resign at any time by giving written notice to the Minister.
4: The Minister may at any time remove a member of the appeal board for inability to perform the functions of a member of the appeal board, bankruptcy, neglect of duty, or misconduct.
246: Remuneration of members of appeal board
1: Each member of the appeal board is entitled, in accordance with the fees framework,—
a: to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework section 10
8: Advisory bodies and medical research trust fund
1: Veterans' Advisory Board
247: Veterans' Advisory Board
1: This section establishes the Veterans' Advisory Board (the advisory board
2: The function of the advisory board is to provide advice to the Minister on its own motion or on request, including advice on policies to be applied in respect of veterans’ entitlement.
3: The Minister may give terms of reference on the advice that the advisory board provides to the Minister.
4: The advisory board may, subject to any provision of this Act or regulations made under this Act, determine its own procedure.
248: Membership of advisory board
1: The advisory board consists of not more than 7 members and 1 serving veteran, nominated by the Chief of Defence Force, as an ex officio
2: The Minister must appoint members of the advisory board on any terms and conditions that the Minister thinks fit.
3: The Minister must appoint a chairperson and a deputy chairperson of the advisory board.
4: If the chairperson and the deputy chairperson are both absent from any meeting, the remaining members may appoint one of their number to act as chairperson at that meeting.
5: The Minister must endeavour to appoint members who are representative of the veteran community.
6: The general manager and any veterans group may nominate a person for appointment as a member and the Minister must have regard to, but is not bound by, the nomination.
7: The Minister may, by notice in writing to a member, remove the member from office for misconduct, inability to perform the functions of office, or neglect of duty.
249: Deputy members
1: For each member that the Minister appoints, the Minister may appoint a deputy member to act in the place of the member for whom he or she is deputy while the member is unable to attend any meeting of the advisory board.
2: Every deputy member of the advisory board, while so acting, will have the powers and capacity of a member of the advisory board, and the fact that any deputy attends a meeting is proof of the deputy’s authority to do so.
250: Meetings of advisory board
1: Meetings of the advisory board are to be held at the times and places that the advisory board or the chairperson may from time to time determine.
2: The quorum for the advisory board is 4 members.
251: Advisory board serviced by VANZ
VANZ must provide the resources and administrative support necessary to enable the advisory board to perform its functions.
252: Term of appointment
1: The term of office of a member of the advisory board must not exceed 3 years.
2: A member of the advisory board may be reappointed.
3: A member may resign at any time by written notice to the Minister.
253: Remuneration of members of advisory board
1: Each member of the advisory board, other than the ex officio
a: to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework section 10
2: Veterans' Health Advisory Panel
254: Veterans' Health Advisory Panel
1: This section establishes the Veterans' Health Advisory Panel (the advisory panel
2: The functions of the advisory panel are—
a: to provide advice and guidelines to the Minister on—
i: assessing the relationship between qualifying operational service and impairment for the purpose of assessing eligibility to entitlements:
ii: the impacts of service on veterans’ health:
iii: monitoring veterans' health:
iv: injuries or illnesses for which it should be presumed that deterioration after a veteran has left service is not service-related:
v: the assessment and determination of claims by VANZ and medical assessors:
b: to provide comments to the Minister on reports prepared by VANZ and provided to it under section 22 23 24
c: to provide advice to the Minister on the pairing of organs under section 20 section 21
d: to decide how the income of the Veterans' Medical Research Trust Fund is to be applied for grants and awards:
e: to carry out any other functions the Minister requires that are consistent with this Act and any other enactment.
3: The advisory panel may, subject to any provision in this Act or regulations made under this Act, regulate its own procedure.
255: Membership of advisory panel
1: The advisory panel consists of not more than 10 members, of whom the following are ex officio
a: a medical practitioner nominated by VANZ:
b: a medical practitioner nominated by the Chief of Defence Force:
c: a person nominated by the advisory board as its representative.
2: A member appointed under subsection (1)(a), (b), or (c) may attend and speak at meetings of the advisory panel but may not vote on any matter before the panel.
3: The Minister must appoint suitably qualified persons as members of the advisory panel on any terms and conditions that the Minister thinks fit.
4: The Minister must appoint a chairperson and a deputy chairperson.
5: If the chairperson and the deputy chairperson are both absent from any meeting, the remaining members may appoint one of their number to act as chairperson at that meeting.
6: The Minister may, by notice in writing to a member, remove the member from office for misconduct, inability to perform the functions of office, or neglect of duty.
256: Advisory panel serviced by VANZ
VANZ must provide the resources and administrative support necessary to enable the advisory panel to perform its functions.
257: Meetings of advisory panel
1: Meetings of the advisory panel must be held at the times and places that the advisory panel or the chairperson may from time to time appoint.
2: The quorum for the advisory panel is 5 members.
3: Every decision on how to apply the income of the Veterans' Medical Research Trust Fund must be made at a meeting of the advisory panel and by a majority of the votes of the members present and voting on it.
4: When the advisory panel makes a decision referred to in subsection (3), the person for the time being acting as the chairperson has a deliberative vote and, if the voting is equal, has a casting vote.
258: Term of appointment
1: The term of office of a member of the advisory panel other than an ex officio
2: A member may be reappointed.
3: A member may resign at any time by written notice to the Minister.
259: Remuneration of members of advisory panel
1: Every member of the advisory panel, other than the ex officio
a: to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework section 10
3: Veterans' Medical Research Trust Fund
260: Veterans’ Medical Research Trust Fund
1: The fund existing under the name of the War Pensions Medical Research Trust Fund immediately before the commencement of this Part continues under the name Veterans' Medical Research Trust Fund (the fund
2: VANZ administers the fund in accordance with this Act.
3: The capital of the fund comprises—
a: all property held by or on behalf of the War Pensions Medical Research Trust Fund on the commencement of this Act:
b: all property held by or on behalf of the War Pensions Advisory Board immediately before the commencement of this Act:
c: all money paid into the fund by way of grants, donations, or gifts:
d: all property held by the Crown as capital of the fund:
e: all money derived from the sale of any property held by the Crown as capital of the fund:
f: all income transferred to capital under section 261(3)
4: The income of the fund comprises—
a: all income derived from the investment of money by VANZ under section 263
b: all income derived from the administration of property held by the Crown as capital of the fund:
c: all money derived from the leasing of land:
d: all other money not forming part of the capital of the fund.
261: Income to be applied for grants and awards
1: VANZ must apply the income of the fund by making grants or awards for the purpose of research into any field of medicine that the advisory panel considers may be beneficial for veterans.
2: VANZ must meet the costs incurred in the administration of the fund from the income.
3: VANZ may transfer any income of the fund that is not required for expenditure under subsections (1) and (2) to the capital of the fund.
4: In making decisions in respect of grants or awards under subsection (1), the advisory panel must—
a: act fairly and transparently; and
b: implement systems and procedures to enable it to give effect to the principle set out in paragraph (a); and
c: make information about those systems and procedures available on VANZ's Internet site.
262: Annual report and audit of fund
1: VANZ must prepare an annual report of the fund, including—
a: annual financial statements prepared in accordance with generally accepted accounting practice (within the meaning of section 2(1)
b: a report on the fund's implementation of the systems and procedures referred to in section 261(4)(b)
2: The fund's annual report must include a statement of responsibility in respect of the fund's financial statements and the report on the fund's implementation of the systems and procedures.
3: Section 45C
4: The fund is to be treated as a public entity as defined in section 4
5: The Defence Force must ensure that the fund’s annual report is included in the annual report prepared by the Defence Force in accordance with section 43(1)
6: The fund’s financial statements and annual report are to be treated, for the purposes of sections 43(2) 44 45D
263: Investment of capital and income
1: Any money that is capital of the fund held by the Crown may be invested in accordance with the Trusts Act 2019
2: VANZ may invest income of the fund in accordance with the Trusts Act 2019
3: If at any time the income of the fund is insufficient for the purposes of section 261 Section 263 replaced 30 January 2021 section 161 Trusts Act 2019
9: Miscellaneous
1: Notification
264: How documents given or information notified
1: This section applies when this Act or regulations made under this Act—
a: require a document to be given to a person; or
b: require a person to be notified of any information, and references in this section to a document being given must be applied accordingly.
2: A document that this Act or regulations made under this Act require to be given to a person must be given by the method in subsection (3) that the person required to give the document considers is most likely to ensure that the document reaches the person.
3: The methods by which a document may be given are—
a: personally delivering it to the person; or
b: posting it to a usual address of the person; or
c: sending it to the person by fax or some other electronic means; or
d: providing it to the person in a manner approved by the person.
4: A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be delivered to the corporate body's offices during working hours.
5: A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post. For the purposes of proving delivery,—
a: it is sufficient to prove that the document was properly addressed; and
b: the document is presumed, in the absence of proof to the contrary, to have been posted on the day on which it was dated.
6: A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to be delivered on the day after the day on which it is sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists.
7: This section is subject to any provision of this Act or regulations made under this Act that specifically provides how a document is to be given.
2: Regulations
265: Regulations
1: The Governor-General may, by Order in Council, make regulations for the purposes of 1 or more of the following provisions:
1: section 7
2: section 20
3: section 21
4: section 22
5: section 23
6: sections 30 31
7: section 46
8: section 56
9: section 66
10: section 72
11: section 76
12: section 81
13: section 88
14: section 90
15: section 96
16: section 98
17: section 109
18: section 140
19: section 144
20: section 145
21: section 148
22: section 150
23: section 151
24: section 153
25: section 154
26: section 156
27: section 157
27A: section 159
28: section 169
29:
29A: section 171
30: section 174
31: section 208
32: section 212
33: section 216
34: section 221
35: section 229
36: section 235
37: section 240
38: section 247
39: section 254
40: Schedule 1 transitional, savings, and related provisions
41: Schedule 2
2: The Governor-General may, by Order in Council, make regulations for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 265(1)(27A) inserted 9 November 2020 section 33 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 265(1)(29) repealed 1 October 2020 section 31 Veterans’ Support Amendment Act 2020 Section 265(1)(29A) inserted 1 April 2020 section 20 Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019 Section 265(1)(40) amended 21 January 2019 section 12 Social Assistance (Residency Qualification) Legislation Act 2018 Section 265(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
266: Treatment cards
1: The Governor-General may, by Order in Council, make regulations providing for treatment cards for veterans.
2: The purpose of a treatment card is to enable a veteran to give treatment providers access to information held by VANZ about the service-related injuries, illnesses, or conditions the veteran has and for which VANZ will pay or contribute towards the cost of treatment.
3: Without limiting subsection (1), regulations made under that subsection may—
a: specify—
i: the information to be included on a treatment card:
ii: the obligations of a holder of a treatment card:
iii: the conditions under which a treatment card may be used:
iv: what uses of a treatment card are not authorised; and
b: prescribe when a treatment card is to be recalled and when a treatment card may be cancelled; and
c: prescribe when the holder of a treatment card may be exempted from any conditions under which the card may be used.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 266(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
267: Regulations relating to treatment and rehabilitation
1: For the purposes of Part 4 Schedule 2
a: prescribing the costs that VANZ is liable to pay for the entitlement of treatment and rehabilitation:
b: prescribing the circumstances in which, and the method by which, VANZ must make any payment for treatment and rehabilitation:
c: prescribing the circumstances in which, and the method by which, VANZ may make arrangements, and make contributions, for treatment and rehabilitation:
d: prescribing the persons to whom those payments may be made.
2: The Minister must not make any recommendation under subsection (1) without first receiving a recommendation from VANZ and consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may—
a: prescribe—
i: a percentage, or different percentages, of the total costs to be paid by VANZ; or
ii: a specified amount, or specified amounts, that VANZ is liable to pay in respect of those costs in specified circumstances:
b: provide that VANZ is liable to make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
c: provide that VANZ is liable to make payments in respect of treatment and rehabilitation only if a person who is a member of a class prescribed in the regulations—
i: provides treatment and rehabilitation; or
ii: refers a claimant to treatment and rehabilitation; or
iii: directly supervises the provision of treatment and rehabilitation:
d: provide that VANZ—
i: must not pay any of the cost of specified treatment and rehabilitation; or
ii: is liable to pay some or all of such costs only if conditions specified in the regulations or by VANZ are met:
e: prescribe—
i: an amount that the veteran or claimant must or must not pay for treatment and rehabilitation that is treatment; or
ii: a percentage that the veteran or claimant must or must not pay of the total amount payable for treatment.
4: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may contain different provisions in respect of—
a: payments relating to work-related injury or illness and payments relating to other injury or illness:
b: payments relating to claimants based on either or both of the following:
i: the need of a veteran or claimant as assessed by VANZ:
ii: assessments conducted by or on behalf of any other relevant government agency:
c: payments to persons not resident in New Zealand at the time of receiving the payments.
5: Regulations under this section are secondary legislation ( see Part 3 2001 No 49 s 324 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 267(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
268: Regulations relating to ancillary services for rehabilitation
1: For the purposes of clause 6
a: prescribing the costs that VANZ is liable to pay or contribute to paying in respect of 1 or more ancillary services that facilitate rehabilitation provided by VANZ in New Zealand:
b: prescribing the circumstances in which, and the method by which, VANZ is liable for any payment for 1 or more services ancillary to rehabilitation:
c: prescribing the circumstances in which, and the method by which, VANZ may make arrangements, and make contributions, for 1 or more services ancillary to rehabilitation:
d: prescribing the conditions that must be met, and the matters that must be taken into account:
e: prescribing the persons to whom those payments may be made.
2: The Minister must not make any recommendation under subsection (1) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may—
a: prescribe the circumstances in which VANZ is liable to pay or contribute to the costs of 1 or more ancillary services that facilitate rehabilitation, examples of which are that the service—
i: is necessary and appropriate:
ii: is or will be provided by a person who is an appropriate provider of the particular ancillary service:
iii: has been or will be provided only on the number of occasions necessary for that purpose:
iv: has been agreed in an individual rehabilitation plan, if a plan has been agreed:
v: is provided after VANZ has agreed to the rehabilitation and after VANZ has agreed to the ancillary service in respect of the rehabilitation:
b: prescribe the matters that must be taken into account when VANZ is deciding whether and to what extent ancillary services that facilitate rehabilitation should be provided, including such matters as—
i: the nature and severity of the injury:
ii: the rehabilitation outcome that will be achieved:
iii: the claimant's assessed need for the ancillary services:
iv: the other options available to meet the need:
v: the cost of the service and of the other options, compared with the benefit that the claimant is likely to receive from the ancillary service:
vi: the responsibilities of the person in relation to his or her rehabilitation:
vii: the geographic location in which the person lives:
c: provide that VANZ is to make payments only if specified service thresholds have been met or exceeded.
4: Regulations under this section are secondary legislation ( see Part 3 2001 No 49 s 325 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 268(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
269: Regulations relating to when conditions stabilise and to assessing whole-person impairment
1: For the purposes of Part 3
2: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of assessing whole-person impairment, including regulations that—
a: refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the Evaluation of Permanent Impairment
b: refer to, or incorporate by reference, guides, frameworks, or other standards:
c: prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part, any thing referred to in paragraph (a) or (b):
d: do any combination of the things referred to in paragraph (a), (b), or (c):
e: amend the lump sum compensation amounts or independence allowance payable under clause 46
f: prescribe calculations and rules for determining the combined effects of injury or illness on a claimant who has suffered more than 1 injury or illness, for the purposes of clause 48(5)
g: prescribe calculations and rules for adjusting the whole-person impairment score of a claimant to take into account the effect of injuries suffered before 1 April 2002:
h: prescribe the scale of lump sum compensation amounts or independence allowance payable in respect of different degrees of whole-person impairment under clauses 46 49
i: prescribe such other matters as may be desirable to enable the assessment, calculation, and payment of lump sums or independence allowance.
3: The Minister must not make any recommendation under subsection (1) or (2) without first consulting the persons or organisations that the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
4: Any material incorporated by reference under subsection (2)(a) must be incorporated in accordance with, and subject to, sections 63 to 66 Schedule 2
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 269(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 269(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Offences
270: Offence to mislead VANZ
1: A person commits an offence if the person, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead VANZ or any other person concerned in the administration of this Act.
2: The purpose is—
a: for the person to receive or continue to receive any payment or entitlement; or
b: for another person to receive or continue to receive any payment or entitlement.
3: The result is—
a: that the person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act; or
b: that another person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act.
4: A person who commits an offence against this section is liable on conviction—
a: to imprisonment for a term not exceeding 3 months; or
b: to a fine not exceeding $5,000. 1954 No 54 s 92 s 308
271: Offence not to provide earnings information to VANZ
1: This section applies to a person who is receiving any of the following entitlements:
a:
b: weekly compensation:
c: weekly income compensation:
d: a veteran's pension under—
i: section 161 section 171(1)
ii: section 164
e: a dependant's pension.
2: A person to whom this section applies commits an offence if,—
a: after he or she began receiving any payment for the entitlements, his or her earnings have increased in such a way as to reduce the entitlement payable to him or her; and
b: he or she fails to advise VANZ of the matters in paragraph (a) as soon as practicable.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 2001 No 49 s 310 Section 271(1)(a) repealed 24 October 2019 section 175 Statutes Amendment Act 2019
272: Offence not to provide requested information to VANZ
1: This section applies to—
a: an employer or a former employer of a claimant:
b: a person who has provided any rehabilitation to a claimant:
c: a person who has sought or received any payment in respect of a claimant.
2: A person to whom this section applies must provide VANZ with any information or statement, when requested to do so by VANZ, for the purposes of facilitating decisions about cover and the timely and appropriate provision of entitlements, or detecting fraud.
3: A person to whom this section applies commits an offence if the person refuses or fails to supply, without reasonable excuse, the information or statement requested under subsection (2).
4: This section does not apply unless the claimant has authorised the request being made and the person to whom the request is made has notice of that authorisation.
5: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000. 2001 No 49 s 309
273: Offence to demand or accept assignment or charge of entitlement
1: A person must not, in relation to any entitlement under this Act, demand or accept any certificate, acknowledgment, or undertaking that would constitute a legal or an equitable assignment of or a charge upon the entitlement (if the entitlement were capable of being legally assigned or charged).
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500. 1954 No 54 s 89(2) 1964 No 136 s 84(2)
274: Time for filing charge
Despite anything to the contrary in section 25 1954 No 54 s 93
275: General fine for offences
A person who commits an offence against this Act or any regulations made under it for which no fine is provided in this Act or its regulations, otherwise than in this section, is liable on conviction to a fine not exceeding $500. 2001 No 49 s 315
4: Repeals, transitional provisions, and consequential amendments
276: Repeals
The War Pensions Act 1954 Veterans' Affairs Act 1999 2014-12-07 War Pensions Act 1954 Veterans' Affairs Act 1999
277: Application, savings, and transitional provisions
Section 277 repealed 21 January 2019 section 13 Social Assistance (Residency Qualification) Legislation Act 2018
278: Consequential amendments
Amend the enactments specified in Schedule 4 2014-12-07 Social Security Act 1964 Child Support Act 1991 Child Support Amendment Act 2013 Crown Proceedings Act 1950 Defence Act 1990 District Courts Act 1947 Health Research Council Act 1990 Housing Restructuring and Tenancy Matters Act 1992 Income Tax Act 2007 Official Information Act 1982 Public Audit Act 2001 Public Bodies Contracts Act 1959 Rates Rebate Act 1973 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Court of Appeal Fees Regulations 2001 Customs and Excise Regulations 1996 District Courts Fees Regulations 2009 Family Courts Fees Regulations 2009 Health Entitlement Cards Regulations 1993 High Court Fees Regulations 2013 Income Tax (Social Assistance Suspensory Loans) Order 1995 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Effect on Benefit of Warrant to Arrest—Excluded Beneficiaries) Regulations 2013 Social Security (Period of Income Assessment) Regulations 1996 Social Security (SuperGold Card) Regulations 2007 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Australia) Order 2002 Social Welfare (Reciprocity with Canada) Order 1996 Social Welfare (Reciprocity with Denmark) Order 1997 Social Welfare (Reciprocity with Ireland) Order 1993 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Supreme Court Fees Regulations 2003 Taxation Review Authorities Regulations 1998 War Pensions (Arrangement with Australia) Regulations 1967
5: Other matters
279: Veteran officially reported as missing
1: This section applies in relation to a veteran who is officially reported as missing while on qualifying operational service.
2: No pensions, benefits, or entitlements payable if the veteran had died while on qualifying operational service are payable until the veteran is officially reported as having died while on qualifying operational service.
3: If the veteran is officially reported as having died while on qualifying operational service and is subsequently found to be alive, then all pensions, benefits, and entitlements are cancelled on and from the date on which the veteran is found to be alive.
280: Arrangements with other countries
1: The Minister may enter into arrangements with the appropriate authority in any other country providing that the appropriate department of State of that country is to act in that country as agent for the Defence Force for any purpose under this Act, and that the Defence Force is to act in New Zealand as agent for that department of State for any purpose under any analogous law of that country.
2: There must be paid out of a Crown Bank Account, from money appropriated by Parliament for the purpose, all money required to be expended by the Minister or the Defence Force for the purpose of giving effect to any arrangement entered into under this section.
3: Without limiting the power to make regulations conferred by section 265
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, even if that date is before the date of the making of the regulations.
281: When the Crown not liable to pay compensation or damages for death or disablement of veterans
1: No proceedings for compensation or damages lie against the Crown or any officer of the Crown in respect of the death or disablement of a veteran if—
a: any entitlement has at any time been provided or is being provided under this Act or the War Pensions Act 1954
b: VANZ has determined that, for the purposes of this Act, the death or disablement is, or is to be treated as being, caused by, contributed to by, or aggravated by the service of the veteran with the armed forces, or that the condition that resulted in the death or disablement was aggravated by his or her service with the armed forces.
2: However, subsection (1) does not exempt an officer of the Crown from liability for any act or omission in any case where the court is satisfied that the act or omission was not connected with the execution of his or her duties as an officer of the Crown.
3: Any determination of VANZ under subsection (1) may be made by VANZ whether or not a claim for an entitlement has been made under this Act.
4: A certificate by the Chief of Defence Force to the effect that VANZ has determined that, for the purposes of this Act, the death or disablement of a veteran is, or is to be treated as being, caused by, contributed to by, or aggravated by his or her service with the armed forces, or that the condition that resulted in the death or disablement of the veteran was aggravated by his or her service with the armed forces, is for the purposes of this section conclusive as to the fact that it certifies.
282: Review of operation of Act
1: As soon as practicable after the second anniversary of the commencement of Part 3
a: review the operation of this Act; and
b: consider whether any amendments to this Act are necessary or desirable; and
c: report his or her findings to the Minister.
2: As soon as practicable after receiving the report, the Minister must present a copy of the report to the House of Representatives.