This Act may be cited as the War Pensions Act 1954.
Compare: 1943 No 22 s 1
1A
Application of Act
Except as provided in subsection (5) of section 19 or Part 6, the provisions of this Act shall not apply to any member of the Armed Forces of New Zealand within the meaning of the Accident Compensation Act 1972 in respect of service as such a member.
Section 1A: inserted, on 1 April 1974, by section 2(1) of the War Pensions Amendment Act 1973 (1973 No 33).
Section 1A: amended, on 15 April 2003, by section 3 of the War Pensions Amendment Act 2003 (2003 No 18).
Section 1A: amended, on 1 April 1990, by section 15(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
In this Act, unless the context otherwise requires,—
Advisory Board means the War Pensions Advisory Board established under section 5A
Appeal Board means a War Pensions Appeal Board established under this Act
child, in relation to any member of the forces, means a child under the age of 16 years; and includes a step-child
claims panel means a war pensions claims panel maintained by the Secretary under section 15(1)
Department means, subject to any enactment, the New Zealand Defence Force (as defined in section 2(1) of the Defence Act 1990)
dependant, in relation to a member of the defence force, means—
(a)
any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
(i)
is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and
(ii)
is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:
(b)
any person who is under the care of that member as a consequence of that person’s inability to live independently of the member for reasons of—
(i)
disability; or
(ii)
illness; or
(iii)
advanced age
dependent child, in relation to a member of the forces or any other person claiming a pension or allowance under this Act, means a child who is being cared for as a member of the family of the member of the forces or other such person
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
member of the Emergency Reserve Corps means any person who was at any time a member of the Emergency Reserve Corps established under the Emergency Reserve Corps Regulations 1941
member of the family, in relation to a family that includes a member of the forces, means—
(a)
any person who is related to the member:
(b)
any person who belongs to the same whanau or other culturally recognised family group:
(c)
any person within a class of persons specified as members of a family in guidelines issued by the Secretary
member of the forces means any person who is or has at any time been a member of any of Her Majesty’s forces established in New Zealand, whether before or after the commencement of this Act
member of the forces means a member of the defence force
member of the mercantile marine means any person who is or has at any time been the master or any other officer or the pilot or any member of the crew of—
(a)
any ship that is for the time being on New Zealand articles; or
(b)
any ship that is engaged in trading exclusively in New Zealand waters but is not on articles; or
(c)
any ship that is for the time being owned and operated by the New Zealand Government or by any Harbour Board
Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act
official or employee of the Department includes a member of the New Zealand Defence Force
partner means civil union partner or de facto partner
pay period, in relation to any class of pension or allowance under this Act means a period of 4 complete weeks commencing on such date as the Secretary determines from time to time
Secretary means the Secretary for War Pensions; and includes any person for the time being authorised to exercise or perform any of the powers, duties, or functions of the Secretary
spouse, in relation to a member of the forces who is married, means the person to whom the member is married.
(2)
Terms defined in this section in relation to a member of the forces have corresponding meanings, with any necessary modifications, when used in this Act in relation to persons other than members of the forces.
Compare: 1940 No 24 s 2; 1943 No 22 ss 2, 19(3), 35(1), (2), 54; 1949 No 26 s 3
Section 2(1) Advisory Board: inserted, on 1 April 1989, by section 2(2) of the War Pensions Amendment Act 1988 (1988 No 148).
Section 2(1) Board: repealed, on 1 April 1989, by section 2(1) of the War Pensions Amendment Act 1988 (1988 No 148).
Section 2(1) child: amended, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).
Section 2(1) claims panel: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 2(1) Department: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 2(1) dependant: substituted, on 15 December 2001, by section 3(1) of the War Pensions Amendment Act 2001 (2001 No 97).
Section 2(1) dependent child: substituted, on 1 April 1991, by section 2(1) of the War Pensions Amendment Act 1991 (1991 No 2).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member of the family: substituted, on 15 December 2001, by section 3(1) of the War Pensions Amendment Act 2001 (2001 No 97).
Section 2(1) member of the forces second definition: inserted, on 15 December 2001, by section 3(2) of the War Pensions Amendment Act 2001 (2001 No 97).
Section 2(1) Minister: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 2(1) official or employee of the Department: inserted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 2(1) partner: substituted, on 26 April 2005, by section 3 of the War Pensions Amendment Act 2005 (2005 No 24).
Section 2(1) pay period: inserted, on 1 February 1961, by section 7(2) of the War Pensions Amendment Act 1960 (1960 No 14).
Section 2(1) relationship: repealed, on 26 April 2005, by section 3 of the War Pensions Amendment Act 2005 (2005 No 24).
Section 2(1) spouse: added, on 15 December 2001, by section 3(2) of the War Pensions Amendment Act 2001 (2001 No 97).
Section 2(1) war service pension: repealed, on 1 April 1990, by section 15(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
The following provisions of this Act are divided into Parts as follows:
Part 1—Administration. (Sections 4 to 18.)
Part 1A—War Pensions Medical Research Trust. (Sections 18A to 18S.)
Part 2—War pensions. (Sections 19 to 56A.)
Part 4—Mercantile marine pensions. (Sections 62 to 64.)
Part 5—Emergency Reserve Corps pensions. (Sections 65 and 66.)
Part 6—Veterans’ pensions. (Sections 67 to 74W.)
Part 7—General provisions. (Sections 75A to 97.)
Section 3 Part 1A: inserted, on 1 April 1971, by section 3(a) of the War Pensions Amendment Act (No 2) 1970 (1970 No 125).
Section 3 Part 2: amended, on 13 January 1966, pursuant to section 3(1) of the War Pensions Amendment Act 1966 (1966 No 41).
Section 3 Part 3: repealed, on 1 April 1990, by section 15(3) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3 Part 5A: repealed, on 1 April 1990, by section 15(3) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3 Part 6: substituted, on 15 April 2003, by section 4 of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3 Part 7: amended, on 17 July 1963, pursuant to section 4 of the War Pensions Amendment Act 1963 (1963 No 125).
For the purposes of this Act, a person must be appointed under section 61A of the Defence Act 1990 as the Secretary for War Pensions.
(2)
The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act.
Compare: 1943 No 22 s 4
Section 4(1): substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
4A
Delegation of Secretary’s powers
(1)
The Secretary may from time to time, either generally or particularly, delegate in writing to any official or employee of the Department such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, other than—
(a)
the powers, functions, and discretions conferred on the Secretary by sections 14(2) to (5), 16(4), 19, 21 to 27, 34, 35, 35A, 48, and 85; and
(b)
the power of delegation conferred by this subsection.
(1A)
The Secretary may from time to time, either generally or particularly, delegate in writing to the chief executive of any department of the Public Service listed in Schedule 1 of the State Sector Act 1988 such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, including the power of delegation conferred by this subsection.
(2)
Any delegation under this section may be made to—
(a)
a specified person; or
(b)
a person of a specified class; or
(c)
the holder for the time being of a specified office or appointment; or
(d)
the holders for the time being of offices or appointments of a specified class.
(3)
Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
(4)
Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
(5)
A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.
(6)
If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.
(7)
Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
(8)
Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5.
Section 4A: inserted, on 1 April 1989, by section 3 of the War Pensions Amendment Act 1988 (1988 No 148).
Section 4A(1)(a): amended, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 4A(1A): inserted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
5-
Deputy Secretary for War Pensions
(1)
A Deputy Secretary for War Pensions may from time to time be appointed under section 61A of the Defence Act 1990 and, subject to the control of the Secretary, the Deputy Secretary has and may exercise all the powers, duties, and functions of the Secretary.
(2)
On the occurrence from any cause of a vacancy in the office of Secretary (whether by reason of death, resignation, or otherwise), and in case of the absence from duty of the Secretary (from whatsoever cause arising), and so long as any such vacancy or absence continues, the Deputy Secretary shall have and may exercise all the powers, duties, and functions of the Secretary.
(3)
The fact that the Deputy Secretary exercises any power, duty, or function of the Secretary shall be conclusive evidence of his authority to do so.
Section 5(1): substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
5A
War Pensions Advisory Board
(1)
There is hereby established a board to be called the War Pensions Advisory Board.
(2)
The Advisory Board shall be a body corporate with perpetual succession and a common seal, and may hold real and personal property, and sue and be sued, and do and suffer all such acts and things as bodies corporate may lawfully do and suffer.
(3)
The Advisory Board shall consist of—
(a)
the Secretary for War Pensions:
(b)
the National President for the time being of the New Zealand Returned Services’ Association (Incorporated):
(c)
a medical member (who shall be a medical practitioner) appointed by the Minister.
Section 5A: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
Section 5A(3)(b): amended, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 5A(3)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
5B
Term of office of appointed member
The appointed member of the Advisory Board shall hold office during the Minister’s pleasure, but shall not hold office for a continuous period of more than 3 years without reappointment.
Section 5B: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
5C
Extraordinary vacancies
(1)
The appointed member of the Advisory Board may at any time resign by written notice to the Minister.
(2)
The powers of the Advisory Board shall not be affected by any vacancy in its membership.
Section 5C: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
5D
Presiding member
(1)
The presiding member of the Advisory Board shall be the Secretary for War Pensions who shall preside at all meetings of the Advisory Board at which he or she is present.
(2)
In the absence of the presiding member from any meeting of the Advisory Board, the person appointed to attend the meeting in the presiding member’s place pursuant to section 5E(1) shall be the presiding member for that meeting.
(3)
In the absence from any meeting of both the presiding member and any person appointed to attend the meeting in the presiding member’s place, the members present shall appoint one of their number to be the presiding member for that meeting.
Section 5D: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
5E
Deputies of members
(1)
The Secretary for War Pensions may appoint any official or employee of the Department to attend any meeting of the Advisory Board in the Secretary’s place.
(2)
The National President of the New Zealand Returned Services’ Association (Incorporated) may appoint an officer or the chief executive officer of that association to attend any meeting of the Advisory Board in the place of the National President.
(3)
The Minister may from time to time appoint a deputy for the medial member, who shall be a medical practitioner; and the person appointed shall hold office at the Minister’s pleasure and may act in place of the medical member for whom he or she is the deputy while that member is unable to attend any meeting of the Advisory Board.
(4)
Every person appointed under this section to deputise for a member of the Advisory Board, while so acting, shall be deemed to be a member of the Advisory Board; and the fact that any deputy attends a meeting shall be conclusive proof of the deputy’s authority to do so.
Section 5E: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
Section 5E(2): amended, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).
Section 5E(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
5F
Meetings of Advisory Board
(1)
Meetings of the Advisory Board shall be held at such times and places as the Advisory Board or the presiding member may from time to time appoint.
(2)
At any meeting of the Advisory Board the quorum shall be 2 members.
(3)
Every matter to be decided at a meeting of the Advisory Board shall be determined by a majority of the votes of the members present and voting on it.
(4)
At any meeting of the Advisory Board the person for the time being acting as the presiding member shall have a deliberative vote and, if the voting is equal, shall also have a casting vote.
(5)
Subject to this Act and to the rules of the Advisory Board, the Advisory Board may regulate its own procedure.
Section 5F: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
5G
Administrative services
All secretarial and administrative services required for the purposes of the Advisory Board shall be supplied by the Department.
Section 5G: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
5H
Fees and travelling allowances
(1)
The Advisory Board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.
(2)
There may be paid to the members of the Advisory Board (other than officials and employees of the Department), out of a Crown Bank Account, from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.
Section 5H: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
Section 5H(2): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
5I
Functions of Advisory Board
The Advisory Board shall have the following powers and functions:
(a)
on its own initiative or at the request of the Minister to advise the Minister on policies to be applied in respect of war pensions and allowances:
(b)
to approve guidelines for the determination and assessment of war pensions to be used by medical examiners and claims panels:
(c)
generally to consider and advise on any other matter which assists the administration of war pensions or that the Minister refers to it:
(d)
to administer the War Pensions Medical Research Trust Fund established under section 18I:
(e)
to consider applications for payments from the War Pensions Medical Research Trust Fund, and to determine the persons to whom grants, awards, or fellowships are to be made under section 18L:
(f)
such other powers and functions as may be conferred or imposed on it by this Act or any other enactment:
(g)
to make rules for the conduct of its own business.
Section 5I: inserted, on 1 April 1989, by section 4 of the War Pensions Amendment Act 1988 (1988 No 148).
