Veterans’ Advisory Board

Terms of reference

Background

1.
The Veterans’ Advisory Board (the Board) is a statutory advisory board
established under section 232 of the Veterans’ Support Act (the Act). The Board is
established by and accountable to the Minister of Veterans’ Affairs (the Minister).

Functions
1982

2.
The Board’s statutory function is to provide advice to the Minister, including
advice on policies to be applied in respect of veterans’ entitlements. The Board is
Act
required to provide advice on policies relating to the implementation of the Act and is
established following Royal Assent pursuant to section 2(1A). The Minister may give
terms of reference on the advice that the Board provides to the Minister.

3.
The Board is required to advise the Minister as to its nominated representative
on the Veterans’ Health Advisory Panel.

4.
The Board may determine its own procedure, subject to any provision of the Act
or any regulation made under the Act.
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Composition of the Board

5.
The Board must consist of not more than seven members appointed by the
Minister, one of which must be a serving veteran nominated by the Chief of Defence
Official
Force, appointed as an ex officio member. The Minister must endeavour to appoint
members representative of the veteran community and must have regard to
nominations from the General Manager of Veterans’ Affairs New Zealand (VANZ) or
the
any veterans group.

6.
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 Board. A deputy member attending in
under
place of a member will have the powers and capacity of a member of the Board.

7.
Nominations must be received by the Minister’s office in accordance with the
deadlines promulgated separately to these terms of reference.

Terms and conditions of appointment

8.
Each member of the Board is appointed by the Minister for Veterans’ Affairs,
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and may hold office for a term not exceeding three years (subject to reappointment).

9.
A member may resign at any time by written notice to the Minister.

10.  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.

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11.
The member appointed to the Veterans’ Health Advisory Panel as an ex officio
member will be required to possess appropriate health experience and knowledge.
Chairperson and deputy chairperson
12.
The Minister will appoint a chairperson and deputy chairperson from among the
members. If both the chairperson and deputy chairperson are both absent from any
meeting, the remaining members are to appoint one of their number to act as
chairperson.
Responsibilities of the chairperson
13.
The chairperson is responsible for the following:
a.
determining the times and locations for the Board meetings;
b.
determining the agenda for the Board meetings;
c.
chairing meetings of the Board;
d.
co-ordinating the work of the Board; and
e.
seeking consensus on issues, recommendations and matters before the
Board.
Responsibilities of the deputy chairperson
14.
In the absence of the chairperson, the deputy chairperson will undertake the
responsibilities of the chairperson for the duration of the chairpersons’ absence.
Duties and responsibilities of a member
15.
As an independent statutory body, the Board operates in an effective and
efficient way within the parameters of its functions as set out in these terms of
reference.
16.
The Board is required to provide independent advice and recommendations to
under the Official Information Act 1982
the Minister.
17.
Board members should be committed to working in the best interests of the
Board.
18.
Members are expected to make every effort to attend all the Board meetings
and devote sufficient time to become familiar with the affairs of the Board and the
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wider environment in which it operates.
Advice and recommendations
19.
The quorum for the Board is four members, excluding ex officio members.
20.
Advice will be provided to the Minister in writing, and include recommendations
where appropriate.
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21.  Any recommendations from the Board will have an advisory status and the
Minister is not compelled to accept the recommendations.

Conflicts of interest

22.  Members must perform their functions in good faith, honestly and impartially,
and avoid situations that might compromise their integrity or otherwise lead to
conflicts of interest. They must also be, and be seen to be, independent of the
Minister and VANZ. Proper observation of these principles will protect the Board and
its members and will ensure it retains public confidence.
1982

23.  Members attend meetings and undertake Board activities as independent
persons responsible to the Board as a whole. Members are not appointed as
Act
representatives of professional organisations and groups.

24.  Members are required to declare any actual or perceived interests to the full
Board.  The Board will then determine whether or not the interest represents a
conflict, and if so, what action will be taken.

25.  The chairperson will ask members to declare any actual or perceived interests
at the start of each meeting.

Information
Administration

26.  The following administrative support for the Board will be provided by VANZ,
but is not limited to:

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a.
the provision of information at the request of the chairperson;

b.
logistics support for meetings of the Board;
the

c.
distribution of an agenda, any briefing materials and other documentation
prior to meetings of the Board;

d.
management of Board member availability and advising the chairperson;
under

e.
recording minutes of meetings and arrange for distribution; and

f.
managing travel and expenses of members of the Board.

Remuneration

27.  Remuneration of Board members is set by the Minister in accordance with the
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Cabinet Fees Framework. The Chair is to receive $320 per day, the Deputy Chair
$285 and members $250.

28.  Each member of the Board is entitled, in accordance with the Fees Framework,
to be reimbursed for actual and reasonable travelling and other expenses incurred in
carrying out his or her office as a member.

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Veterans’ Entitlements Appeal Board

Terms of reference

Background

1.
The Veterans’ Support Act 2014 (‘Act’) provides for the rehabilitation and
support of veterans. The Act replaces the War Pensions Act 1954, and is
administered by the New Zealand Defence Force.

2.
Part 7 of the Act establishes a system of decision-making, review, and
1982
appeal in respect of veterans’ entitlements. The final stage in this process
may involve an appeal to the Veterans’ Entitlements Appeal Board (‘Appeal
Board’).
Act

3.
The Appeal Board is serviced by Veterans Affairs New Zealand (‘VANZ’),
a unit of the New Zealand Defence Force.

Composition of the Board

4.
The Appeal Board is to consist of not more than four members, of which:

a.  one must be a lawyer (within the meaning of the Lawyers and
Information
Conveyancers Act 2006) who has at least seven years’
standing; and

b.  two must be medical practitioners.

Official
5.
One of the medical practitioners must be appointed on the nomination of
the Royal New Zealand Returned and Services Association.

the
6.
The lawyer member of the Appeal Board must also be its chairperson.

7.
For each member that the Minister appoints, the Minister may appoint a
deputy member to act in the place of the member in the event of
unavailability.
under

8.
The chairperson may also appoint specialist members to assist the
board, but not in a decision-making capacity.

Function, powers, and procedure

9.
The function of the Appeal Board is to determine appeals against review
decisions made under Part 7 of the Act. An appeal to the Appeal Board is a
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de novo appeal, and the Appeal Board is not bound by any finding of fact
made by the decision-maker whose decision is the subject of the appeal.

10.  The Act contains a range of powers including powers to receive and take
evidence, require documents, and summon witnesses. However, the intention
of the Act is that the Appeal Board will operate with a level of informality. It

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must comply with the principles of natural justice, but appeals must be heard
and determined without regard to legal or procedural technicalities.

11.  Moreover, all decision-makers under the Act (including the Appeal
Board) must do so in accordance with certain principles, which include
providing fair entitlements; promoting equal treatment of equal claims; taking
a benevolent approach to claims; and determining claims in accordance with
substantial justice and the merits of the claim and not in accordance with any
technicalities, legal forms, or legal rules of evidence.

12.  The Appeal Board may, subject to any provision of the Act or any
1982
regulations made under the Act, determine its own procedure. The Act also
provides that the Appeal Board may sit in public or in private.

Act
13.  The Veterans’ Support Regulations 2014 provide for the Appeal Board to
hold case management conferences at any time, and make directions in
relation to the management of a case if it is in the interests of justice to do so.
An appeal may be continued by the veteran’s or claimant’s representative,
should they die before the appeal is determined.

14.  The regulations contain further guidance on procedural matters for the
Appeal Board, such as the submission of evidence.

Information
Decisions and appeals

15.  Each appeal must be heard by not fewer than three members of the
Appeal Board, one of whom must be a medical practitioner and one the
chairperson.
Official

16.  Following the hearing of an appeal, the Appeal Board must confirm,
modify or revoke the review decision appealed against; or make any other
the
decision that is appropriate to the circumstances of the case. The Appeal
Board has power to substitute its decision for a revoked decision, or require
VANZ (as the original decision-maker) to make the decision again in
accordance with the Appeal Board’s directions.

under
17.  Appeals 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.

18.  Decisions must be made available on the VANZ website, subject to the
Appeal Board’s power to order prohibition or restriction of publication.

19.  There is a right of appeal to the High Court against a determination of the
Appeal Board, but only on a question of law.
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Duties and responsibilities of members

20.  The Appeal Board is a judicial body, and its members are required to act
judicially and with full independence in accordance with the Appeal Board’s

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functions and powers, procedures, and other provisions of the Act and any
applicable regulations.

21.  Members are expected to show familiarity with the Act, its underlying
principles, and its relationship with other legislation including the Accident
Compensation Act 2001. They should be able to display a high degree of
competence and knowledge in their area of professional discipline, and be
prepared to work in a collegial manner which promotes effective and decision-
making in accordance with the Act.

22.  Members should also have a commitment to discharging the workload of  1982
the Appeal Board in an effective and efficient manner, and in the interests of
the parties to appeals. That should include making themselves available for
hearings and deliberations and for the writing of decisions as allocated by the
Act
chairperson.

23.  As a judicial body, the Appeal Board and its members are subject to the
common law on judicial bias, including requirements for recusal in cases of
conflicts of interest. Members are expected not only to act impartially but be
seen to do so, and to declare any interest that might give rise to a need for
recusal.

Responsibilities of the chairperson
Information

24.  The chairperson is responsible for:

a.  determining the times and locations of meetings of members
and hearings of the Appeal Board;
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b.  assigning members to cases;

the
c.  overseeing the procedures of the Appeal Board in relation to the
filing and exchange of documentation, as administered by VANZ
personnel, and the giving of directions to parties;

d.  chairing hearings of the Appeal Board;
under

e.  allocating responsibilities in respect of the writing of decisions;
and,

f.  in all other respects, ensuring that the Appeal Board functions in
a legally appropriate and correct manner.

Terms and conditions of appointment
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25.  Each member of the Appeal Board is appointed by the Minister for
Veterans’ Affairs, and may hold office for a term not exceeding three years
(subject to reappointment).

26.  A member may resign at any time by giving written notice to the Minister.

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27.  Members of the Appeal Board are immune from liability in civil
proceedings for good-faith actions or omissions in pursuance or intended
pursuance of their functions, duties, or powers.

Remuneration and expenses

28.  Remuneration of Appeal Board members is set by the Minister in
accordance with the Cabinet Fees Framework.1

29.  The Minister has set remuneration on the following basis (daily rates):
1982

a.  Chairperson: $720.

Act
b.  Members:
$420.

30.  Each member of the Appeal Board is entitled, in accordance with the
Fees Framework, to be reimbursed for actual and reasonable travelling and
other expenses incurred in carrying out his or her office as a member.

Administration

31.  VANZ provides administrative support to the Appeal Board, which
Information
includes but is not limited to:

a.  acting as the registry for appeals, and ensuring that documents
are filed and distributed in accordance with the Appeal Board’s
requirements;
Official

b.  logistics support for meetings and hearings;

the
c.  management of member availability, and assisting and advising
the chairperson in the assignment of cases and the arrangement
of meetings and hearings;

d.  recording and/or taking records of meetings and hearings, and
under
arranging for distribution as directed by the chairperson; and

e.  managing travel arrangements and administering travelling and
other expenses for Appeal Board members and appellants
(including support persons).

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1 CO (12) Cabinet Office Circular Fees Framework for members appointed to bodies in which the Crown
has an interest (19 December 2012).

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Veterans’ Health Advisory Panel
Terms of reference
Background

1.
The Veterans’ Health Advisory Panel (the Panel) is a statutory body established
under section 254 of the Veterans’ Support Act 2014. The Panel is appointed by and
provides advice, comment and guidelines to the Minister of Veterans’ Affairs (the
Minister), as well as making decisions on the grants and awards for medical
research. The Panel had important statutory roles in the regulation making process
prior to the commencement of the Act and was established following Royal Assent 1982
pursuant to section 2(1A).
Functions
Act
2.
The Panel’s statutory functions are to:
(a)  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;
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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-
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related; and
v.
the assessment and determination of claims by Veterans’
the
Affairs New Zealand (Veterans’ Affairs) and medical assessors.
(b)  Provide comment to the Minister on a report of any review undertaken by
Veterans’ Affairs of the changes to the statements of principle determined
by the Australian Repatriation Medical Authority under the Veterans’
under
Entitlements Act 1986 (Cth). The purpose of the reviews by Veterans’
Affairs is to assess which statements of principle should be applied in New
Zealand pursuant to sections 22, 23 and 24 of the Act.
(c)  Advise the Minister on conditions that are to be treated, in the absence of
evidence to the contrary in the particular circumstance of the claim, as
being linked to specific exposure or specific events occurring during
qualifying operational service after consulting any person or organisation
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the Panel considers to be representative of the interests of persons likely
to be to be substantially affected by the proposed regulations pursuant to
section 21(1).
(d)  Advise the Minister on organs that should be accepted as paired organs
pursuant to section 20.

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(e)  Decide how the income of the Veterans’ Medical Research Trust Fund is to
be applied for grants and awards.
(f)
Carry out any other functions the Minister requires that are consistent with
this Act and any other enactment.
3.
The Board may determine its own procedure, subject to any provision of the Act
or any regulation made under the Act.
1982
Composition of the Panel
4.
The Panel will consist of a maximum of 10 members, of whom three will be ex
Act
officio members. Veterans’ Affairs and the Chief of Defence Force are each to
nominate an ex officio member who is a medical practitioner, while the Veterans’
Advisory Board is to nominate an ex officio member as its representative.
5.
Panel members will be appointed by the Minister on the basis of their expertise,
qualifications and knowledge relevant to the mandate of the Panel. Non ex officio
members will be appointed to the Panel in their own right and will not be
representative of any individual or organisation.
6.
The membership of the Panel should include, but not be limited to, the following
Information
areas:
(a)  health expertise and knowledge;
(b)  health research experience and expertise;
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(c)  knowledge of veteran issues; and
(d)  military background.
the
7.
Nominations must be received by the Minister’s office in accordance with the
deadlines promulgated separately to these Terms of Reference.
Terms and conditions of appointment
under

8.
Members of the Panel, other than ex officio members, are appointed by the
Minister for a term of up to three years. Due to initial appointments being likely to be
made in the pre-election period, these appointments will be of a temporary nature,
with terms expiring on 1 March 15. Members may be reappointed by the Minister.

9.
A member may resign at any time by written notice to the Minister.

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10.  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.

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Chairperson and deputy chairperson
11.  The Minister will appoint a chairperson and deputy chairperson from among the
members. If both the chairperson and deputy chairperson are both absent from any
meeting, the remaining members are to appoint one of their number to act as
chairperson.

Responsibilities of the chairperson
1982
12.  The chairperson is responsible for the following:
Act
(a)  determining the times and locations for the Panel meetings;
(b)  determining the agenda for the Panel meetings;
(c)  chairing meetings of the Panel;
(d)  co-ordinating the work of the Panel; and
(e)  seeking consensus on issues, recommendations and matters before the
Panel.
Information

Responsibilities of the deputy chairperson
13.  In the absence of the chairperson, the deputy chairperson will undertake the
responsibilities of the chairperson for the duration of the chairpersons’ absence.

Official
Duties and responsibilities of a member
14.  As an independent statutory body, the Panel operates in an effective and
the
efficient way within the parameters of its functions as set out in these terms of
reference.
15.  The Panel is required to act independently in providing advice, guidelines and
comment to the Minister and in making decisions.
under
16.  Panel members should be committed to working in the best interests of the
Panel.
17.  Members are expected to make every effort to attend all the Panel meetings
and devote sufficient time to become familiar with the affairs of the Panel and the
wider environment in which it operates.

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Decision making
18.  The quorum for the Panel is five members.
19.  Where consensus cannot be achieved, the chairperson must put the matter to
the Panel for a vote. The result of such a vote must record the existence of
dissenting votes.

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20.  Advice will be provided to the Minister in writing.
Conflicts of interest
21.  Members must perform their functions in good faith, honestly and impartially,
and avoid situations that might compromise their integrity or otherwise lead to
conflicts of interest.  They must also be, and be seen to be, independent of the
Minister and Veterans’ Affairs.  Proper observation of these principles will protect the
Panel and its members and will ensure it retains public confidence.
1982
22.  Members attend meetings and undertake Panel activities as independent
persons responsible to the Panel as a whole.  Members are not appointed as
representatives of professional organisations and groups.
Act
23.  Members are required to declare any actual or perceived interests to the full
Panel.  The Panel will then determine whether or not the interest represents a
conflict, and if so, what action will be taken.
24.  The chairperson will ask members to declare any actual or perceived interests
at the start of each meeting.

Administration
Information
25.  The following administrative support for the Panel will be provided by Veterans'
Affairs, but is not limited to:
(a)  the provision of information at the request of the chairperson;
Official
(b)  logistics support for meetings of the Panel;
(c)  distribution of an agenda, any briefing materials and other documentation
the
prior to meetings of the Panel;
(d)  management of Panel member availability and advising the chairperson;
(e)  recording minutes of meetings and arrange for distribution; and
under
(f)
managing travel and expenses of members of the Panel.
Remuneration

26.  Remuneration of  Panel  members  is  set by  the  Minister in accordance  with  the
Cabinet  Fees  Framework.  The  Chair  is  to  receive  $530  per  day,  the  Deputy  Chair
$440, and members $340.

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27.  Each member of the Panel is entitled, in accordance with the Fees Framework,
to be reimbursed for actual and reasonable travelling and other expenses incurred in
carrying out his or her office as a member.

Document Outline