NZDF

Administration and Assessment of Claims

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.

This page was last reviewed on 24 July 2009, and is current.