The war pension legislation of New Zealand was consolidated in the War Pensions Act 1954 which, with its subsequent amendments, is the legislative authority for the payment of war pensions and allowances, and of pensions for members of peacetime armed forces, and others. The power to grant pensions and allowances is vested in a War Pensions Board of three members, one of whom is a registered medical practitioner, and another a representative of members of the forces appointed by the Minister in Charge of War Pensions on the nomination of the New Zealand Returned Services' Association. The legislation is administered, subject to the general direction and control of the Minister in Charge of War Pensions, by the Secretary of War Pensions who is an officer of the Social Security Department. Pensions and allowances are paid out of the revenue of the country from general taxation. The current war pension programme is largely the outcome of New Zealand participation in two World Wars in which large numbers of citizens served as members of the forces in and outside New Zealand.
The original authority for payment of pensions in respect of service with the forces was contained in the Military Pensions Act of 1866 which was enacted to regulate the granting of pensions to members of the colonial forces for wounds or injuries received in actual service, and to the widows and families of deceased members in certain cases. These provisions were subject to several alterations and the law was later consolidated by the passing of the Defence Act of 1909. Under this Act the maximum pension payable for total and permanent disablement could not exceed 21s. a week for a private. There was no provision for the payment of a pension for the dependants of a disabled soldier, and the provisions for the widows and other dependants of deceased servicemen were very restrictive. In fact, before a widow could receive a pension, it was a necessary condition that the husband should have been killed in action or died of wounds within 12 months of being wounded. Even then the widow's pension was not conferred as of right, but was payable only if she was not “in wealthy circumstances”. The relatively low rates of pension can be gauged by the fact that the maximum pension for the widow of a private or non-commissioned officer was £36 a year, with a further £10 a year for each dependent child.
It was not until after the commencement of the First World War, 1914–18, that a comprehensive scheme was implemented, through the War Pensions Act of 1915, to provide pensions and allowances for members of the First New Zealand Expeditionary Force and their dependants. From time to time the scope of the 1915 Act was extended by various amendments to cover the growing needs of disabled ex-servicemen and their dependants. The investigations of two commissions of inquiry, one in 1922 under the chairmanship of J. R. Bartholomew, S.M., and the other in 1930 under the chairmanship of J. S. Barton, S.M., had important influences on subsequent legislation. A landmark of note was the passing in October 1935 of the War Veterans' Allowances Act, making special provision for those who, having served with a unit in actual engagement with the enemy, had become unfit for permanent employment.
Following the outbreak of the Second World War in 1939 the War Pensions Extension Act 1940 was passed (later amended to include members of the Emergency Reserve Corps) to ensure that the existing legislation would be available to servicemen of the new war. Separate but similar provision was made for members of the Mercantile Marine through the War Pensions and Allowances (Mercantile Marine) Act 1940. A comprehensive review of the whole legislation was again undertaken, and the War Pensions Act of 1943 incorporated existing measures relating to pensions and allowances and generally improved rates and conditions. In October 1950, as a result of demands for better and more adequate pensions, a further commission under the chairmanship of E. A. Lee, S.M., was set up to examine the justice and adequacy of existing war pension legislation. As a result of the findings of this commission, many improvements in rates and conditions were made and eventually incorporated in the current operative authority (the War Pensions Act of 1954 and its amendments).
Definition of “Member of the Forces”. A “member of the forces” is defined as “any person who is or has at any time been a member of Her Majesty's forces established in New Zealand”. The term, therefore, includes any person who served in the Royal New Zealand Navy, the New Zealand Army, or the Royal New Zealand Air Force in war or peace. A person who served in the Home Guard or the Women's Auxiliary Services, actually attached to the armed forces, is also included. The provisions of the Act may, in certain circumstances, be applied to a person who, although not a member of the New Zealand forces, was a bona fide resident of New Zealand at the commencement of the war or emergency in which he served and was a member of the forces of any other country of the Commonwealth.
Disablement Qualification. Disablement must be attributable to or aggravated by service, although a disability occurring overseas during service in connection with any war or emergency is accepted as attributable to service. There is no grant of pension in respect of any disability due to wilful misconduct. When deciding a claim for disablement pension, the War Pensions Board is required to give the claimant the full benefit of all presumptions in his favour, and to draw all reasonable inferences in his favour from evidence and medical opinions submitted to the Board. Pensions payable for certain specific disabilities are assessed as a percentage of the full pension payable for total disablement. For other disabilities the rate of pension is fixed by the Board having regard to the medical evidence. The following schedule sets out the relevant disabilities and percentages:
| Nature of Disability | Per Cent of Full Pension Payable |
| Total blindness | 100 |
| Incurable insanity | 100 |
| Very severe facial disfigurement | 100 |
| Lower limb amputation through hip joint | 100 |
| Lower limb amputation through upper third of thigh (if without useful stump) | 100 |
| Upper limb amputation (where an artificial arm cannot be fitted with retention of elbow joint function) | 100 |
| Lower limb amputation through upper third of thigh (if with useful stump) | 90 |
| Permanent loss of speech | 90 |
| Lower limb amputation through knee joint or middle or lower third thigh | 85 |
| Total deafness | 85 |
| Upper limb amputation (where an artificial arm can be fitted with retention of elbow joint function), but not beyond all the metacarpo-phalangeal joints | 80 |
| Severe facial disfigurement | 80 |
| Lower limb amputation, but not beyond the tarsometatarsal joint | 75 |
| Loss of one eye | 50 |
| Loss of four fingers | 50 |
| Loss of three fingers | 40 |
| Loss of thumb | 40 |
| Loss of two fingers | 25 |
| Loss of index finger of either hand | 20 |
For total disablement, the rate of pension is currently £5 5s. a week, the rate being proportionately less for degrees of disablement less than total disablement. A member suffering from total blindness, two or more serious disabilities, or a single severe disability, may be granted additional pension up to £3 3s. a week, making a total disablement pension entitlement of £8 8s. a week.
An economic pension is a supplementary pension granted in addition to a disablement pension if the Board is of the opinion that the disability suffered is such that it is difficult for the pensioner to obtain or retain suitable employment. A member pensioned for minor disablement does not receive economic pension.
All income above £4 a week received by a pensioner (husband and wife if married) and other factors of economic significance are taken into account. In addition, the personal earnings of a disablement pensioner are disregarded in the assessment of an economic pension to an amount equivalent to that by which the disablement pension he receives is less than the amount of pension for total disablement, and the personal earnings of a member pensioned for total blindness are disregarded altogether. Up to 30s. a week of the personal earnings of women from certain domestic or nursing employment is disregarded, and up to 20s. a week received as sick benefit from a friendly society or as a like benefit from any other source is also disregarded.
The following persons may claim pensions as dependants of a disablement pensioner: (a) his wife; (b) his child or children; (c) his parents; (d) any other member of his family who might reasonably have expected to enjoy some actual pecuniary benefit if the pensioner had not suffered disablement; (e) a woman who, although not legally married to him, is living with him on a permanent domestic basis and is wholly or partially dependent on him.
The pension granted to a wife or in respect of children is ordinarily at a rate proportionate to the disablement pension payable to the husband, except that where an economic pension is granted, the maximum rate for a wife or children may be authorised. In the case of a parent, a pension may be granted regardless of pre-service dependency if the parent is deemed not to have adequate means of support. In dealing with any claim by a dependant, the financial circumstances and the present ability of the disablement pensioner to support the claimant, must be taken into account except that this does not apply to claims for pensions by a wife or child where the disablement pension is on account of total blindness.
A child's pension may be continued beyond the age of 16 years if it is suffering from any physical or mental infirmity or is continuing its education.
Any person, not being a dependant, who has suffered material loss of income or property through the disablement of a member of the forces and has not adequate means of support, may apply for a pension.
A pension may be granted either on a temporary or permanent basis. A temporary pension may be converted to a permanent pension when the disability reaches a final stationary condition but a pension can be reviewed and either increased or reduced at any time.
A clothing allowance for wear and tear of clothing or footwear as follows:
Loss of two limbs or parts: 12s. 6d. a week.
Loss of leg or part: 11s. 6d. a week.
Loss of arm or part: 8s. 6d. a week.
For use of mechanical appliances etc.: 8s. 6d. a week.
A free pass on New Zealand Railways rail and road services to a member in receipt of a full pension.
A permit to travel first class at second class rates on New Zealand Railways to an amputee or other person suffering locomotive disabilities to a degree of over 50 per cent for which a permanent pension is paid.
Payment of travelling allowance up to 10s. a week to a totally disabled pensioner who is unfit to travel alone.
Free medical and surgical treatment in respect of pensionable disabilities. Surgical appliances such as artificial limbs etc. are also supplied free and kept in good order and repair.
Payment of up to £100 towards the cost of structural alterations with a £25 provision for furniture to provide special accommodation for a pensioner suffering from pulmonary tuberculosis.
A maximum accommodation allowance of £2 5s. a day to a pensioner reporting for medical examination or treatment and compensation of up to £2 2s. 6d. a day in respect of loss of earnings.
Interest-free loans to certain seriously disabled pensioners to purchase motor cars; payment of loadings on life insurance policies where loadings are due to war disabilities; gallantry awards to disablement pensioners; and funeral grants in respect of deceased ex-servicemen.
Where a disablement pensioner requires the services of an attendant a grant towards an attendant's wages of up to £8 a week.
| Member | Weekly Rate | ||
| £ | s. | d. | |
| Basic disablement pension | 5 | 0 | 0 |
| Special increment for blindness, multiple or serious disabilities | 3 | 3 | 0 |
| Economic pension (if unmarried £5 6s.) | 4 | 16 | 0 |
| Allowable income | 4 | 0 | 0 |
| Attendant's allowance | 8 | 0 | 0 |
| Wife | 4 | 16 | 0 |
| Child | 15 | 0 |
(Note: The payment of 15s. a week to each child may be made either by way of social security family benefit or, alternatively, by way of war pension.)
Widows: Grounds for Pension:
Death of husband occurred while on service as a member of Her Majesty's Forces in any war or emergency.
Death was attributable to service in New Zealand or overseas.
The condition that resulted in death was aggravated by service in New Zealand or overseas; or
The husband was in receipt of a permanent pension in respect of not less than 70 per cent of the rate for total disablement at the time of his death. This provision also applies where the deceased, although not in receipt of a permanent pension of not less than 70 per cent, could, in the opinion of the War Pensions Board, have been granted such a pension had he not died.
| Weekly Rate | |||
| Rates of Pension: | £ | s. | d. |
| Basic pension* | 3 | 17 | 6 |
| Additional mother's allowance: | |||
| Widow with one child | 3 | 11 | 0 |
| Widow with two children | 4 | 1 | 0 |
| Widow with three children | 4 | 11 | 0 |
| Widow with four children | 5 | 1 | 0 |
| Widow with five children | 5 | 11 | 0 |
| Widow with six or more children | 6 | 1 | 0 |
*Ranges from £3 17s. 6d. a week for all ranks up to lieutenant-colonel (Army) and equivalent in other services, and for members of mercantile marine and of Emergency Reserve corps; £3 18s. a week for colonel and equivalent to £4 a week for brigadier or upwards and equivalent in other services.
The basic widow's pension may be supplemented by an economic pension, in determining the rate of which no account is taken of up to £4 a week of the applicant's income. In the case of a widow supporting a dependent child or children, income up to £6 a week is disregarded. In addition, earnings up to 30s. a week from domestic or nursing employment in a private home, hospital, home for the care of the aged, or other approved institution may be disregarded, and no account is taken of up to 20s. a week received as sick benefit from a friendly society or as a like benefit from any other source.
Children. A child, both of whose parents are dead, or, alternatively, not under the control of its mother: £3 3s. 6d. a week.
Other Dependants. The pension payable to any other dependant cannot exceed the amount payable to a widow without children, i.e., £3 17s. 6d. a week. The income and property of the dependant are taken into account in determining the amount of pension payable. A widowed mother, wholly dependent on a deceased member or the mother of two or more sons, being deceased members of the forces, may be granted a supplementary economic pension of up to £5 6s. a week, or, if partially dependent, up to £4 3s. 6d.
Persons Other than Dependants. The guardian of a child or children of a deceased member may be granted an allowance of up to £4 16s. a week.
Purpose. The object of war veterans' allowances is to make provision for members of the forces who, apart from wounds or other injuries received during war service, are ageing prematurely or otherwise becoming unfit for permanent employment by reason of mental or physical incapacity.
Service – New Zealand Forces. To be accepted as a veteran, a male claimant must have served as a member of the New Zealand forces with a unit in actual engagement with the enemy or, by reason of the period of his overseas service and the arduous or dangerous nature of his service, be considered by the War Pensions Board a proper person for the grant of an allowance.
The above requirements are waived for a person who served in the South African War as a member of a New Zealand contingent, and has attained the age of 75 years.
A female member of the New Zealand forces must have served overseas in connection with a war or emergency.
Other Commonwealth Forces. Any person, male or female, who served with the forces of any Commonwealth country other than New Zealand, with a unit in actual engagement with the enemy, or who served overseas for a period, fulfilling duties of an arduous or dangerous nature, may be regarded as a proper person for the grant of an allowance.
Residential Qualifications:
Five years' continuous residence, immediately prior to the date of a claim is required, by a veteran who has served as a member of the New Zealand forces or who, being a bona fide resident of New Zealand at the outbreak of any war or emergency in which New Zealand forces were engaged, has served as a member of any of the forces of the Commonwealth other than New Zealand. Continuous residence is not deemed to have been interrupted by absence or absences not exceeding six months in the aggregate which is increased by one month for every year of residence in excess of five years.
Twenty years' continuous residence immediately prior to date of application is required in any other case. The aggregate of allowable absence within the 20 years is two years, increased by six months for every year of residence in excess of 20 years.
| Annual | Weekly | |||||
| Rates: | £ | s. | d. | £ | s. | d. |
| Married veteran with dependent wife | 499 | 4 | 0 | 9 | 12 | 0 |
| Married female veteran | 249 | 12 | 0 | 4 | 16 | 0 |
| Other veteran | 275 | 12 | 0 | 5 | 6 | 0 |
Income. In general, the annual rates above are reducible by £1 for every complete ££1 of the income of the veteran or, in the case of a married person, of the combined income of husband and wife in excess of £208 a year. Where allowance is payable in respect of only one of a married couple, the rates are reducible by £1 for every complete 1 in excess of 457 12s. a year. Disablement and war widows' pensions are not taken into account as income, nor is up to £78 a year of the personal earnings from domestic or nursing employment of a female war veteran or the wife of a veteran. In addition, up to 20s. a week received as sick benefit from a friendly society, or a like benefit from any other source, is disregarded.
Age Supplement. An allowance may be increased by an age supplement at a rate not exceeding £39 a year each for a veteran and his wife on attaining the age of 65 years, provided that the amount of the supplement, together with income from other sources and any war disablement pension, does not exceed £208 a year.
Children. No additional allowance is payable in respect of dependent children as these are provided for by way of family benefit under the Social Security Act.
Death of a Veteran. A war veteran's allowance ceases on the death of the veteran but, if he leaves a wife or any dependent children, the allowance may be continued for up to two years at a rate not exceeding £477 2s. a year (9 3s. 6d. a week).
General. The War Pensions Appeal Board consists of a chairman, who is usually a Judge or Stipendiary Magistrate, and two members who are medical practitioners, one being appointed as a representative of members of the forces on the nomination of the New Zealand Returned Services' Association. Appeals may be made against any decision of the War Pensions Board in respect of attributability or assessment. They may also be made by claimants of war veterans' allowances whose applications have been declined on the grounds that they are not unfit for permanent employment.
War Bursaries. Bursaries for educational purposes are available to children of war veterans of seriously and permanently disabled ex-servicemen, and of deceased ex-servicemen in respect of whose deaths war pensions are paid.
Bursaries are paid at the following rates:
| Maximum Annual Rate | |||
| £ | s. | d. | |
| (a) Secondary school children | 25 | 0 | 0 |
| (b) Full-time university students | 30 | 0 | 0 |
| (c) Part-time university students | 10 | 0 | 0 |
| (d) Part-time secondary school children | 1 | 10 | 0 |
The rates payable under (a) and (b) are doubled in the case of an orphan child or a child whose father or mother is in receipt of an economic pension or war veteran's allowance, or in any other case where the cost of educating the child is causing hardship to the parents or guardian.
| Boarding Allowances: | Annual Rate |
| Secondary and technical school children | £50 |
| University students – in every case | £80 |
Supplementary Assistance. Additional assistance may be granted to war pensioners and veterans who, through ill health, family circumstances, or other good cause, are unable to maintain themselves and their dependants adequately on their pensions and allowances.
Growth of Pensions Programme. The above table sets out the numbers of pensions and allowances in force at 31 March, at five-yearly intervals from 1920 and the expenditure for the years ended on those dates. Division of the total expenditure for a year by the number of pensions in force at the end of that year provides an index illustrating the increase in the monetary value of pensions. Between 1920 and 1963 this index figure rose from £52 to 240.
by George James Brocklehurst, B.COM., A.R.A.N.Z., Chairman, Social Security Commission, and Secretary for War Pensions, Wellington.