Introduction
VANZ is involved directly with the Law Commission and by agreement will be involved in the next phase. By agreement this liaison will help draft the options for administration and assessment of claims.
Question 79
Would you prefer that overall decision-making authority under a new Act is vested in the Chief Executive of the Department, another person or an independent body? Can an individual hold this role?
The NZDF will actively support any decision making authority approved by Parliament.
Question 80
Who should make the decision on whether a veteran should be awarded a disability pension? If a doctor makes the decision on the level of impairment, who should make the decision on whether the veteran meets the evidential and service criteria?
Option 2 – provided staff are supported with information or have guidelines for decision making, the ability to review decisions should be in place. This will align the new Act with the ACC provisions.
Question 81
Should decisions on claims be made by an individual or by several people?
To be determined by VANZ and Law Commission during next phase of review.
Question 82
Do you think that Claims Panels should be retained in some form?
To be determined by VANZ and Law Commission during next phase of review.
Question 83
Can a decision on a claim be made effectively by staff members from the
Department? Why?
To be determined by VANZ and Law Commission during next phase of review.
Question 84
Should the opportunity be available for the claimant and the decision-maker to meet face to face before a decision is made?
To be determined by VANZ and Law Commission during next phase of review.
Question 85
Should the decision-making process be centralised or decentralised by region throughout New Zealand? Why?
To be determined by VANZ and Law Commission during next phase of review.
Question 86
If the applicant is dissatisfied with the decision, do you support the continuation of an internal review? If so, should the new legislation retain a specific statutory role for a person to carry out this function?
To be determined by VANZ and Law Commission during next phase of review.
Question 87
On what basis, if any, should a previously declined claim be reconsidered? Who should be responsible for making this decision?
To be determined by VANZ and Law Commission during next phase of review.
Question 88
Do you think that an appeal tribunal for the veterans’ entitlements system should be retained? If so, should the appeal tribunal have the ability to look at any decision made under the legislation?
To be determined by VANZ and Law Commission during next phase of review.
Question 89
Should people with service experience and medical knowledge serve on the appeal tribunal?
To be determined by VANZ and Law Commission during next phase of review.
Question 90
Should there be a further right of appeal on matters of law to a court?
To be determined by VANZ and Law Commission during next phase of review.
Question 91
Is there a need for a veterans’ advisory body to advise the Minister on issues relating to veterans? If so, should the advisory body be included in the legislation?
To be determined by VANZ and Law Commission during next phase of review.
Question 92
Should a medical expert body have a role in directing how decision-making on claims is made?
To be determined by VANZ and Law Commission during next phase of review.
Question 93
Should the proposed Expert Panel be made a statutory body under the new Act?
To be determined by VANZ and Law Commission during next phase of review.
Question 94
Do you support the creation of a Code of Claimants’ Rights for veterans? What should this code include?
To be determined by VANZ and Law Commission during next phase of review.
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