500
THE NEW ZEALAND GAZETTE.
No. 12

Regulations under the Old-age Pensions Acts, 1898, 1900, 1901, and 1902.

RANFURLY, Governor.

PURSUANT to and in exercise of the powers in this behalf conferred on him by “The Old-age Pensions Act, 1898,” and its amendments, His Excellency the Governor of the Colony of New Zealand doth hereby revoke the regulations made on the sixth day of December, one thousand nine hundred, and in lieu thereof doth hereby make the following regulations, that is to say,—

INTERPRETATION.

1. In these regulations “the principal Act” means “The Old-age Pensions Act, 1898”; “the Amendment Act, 1900,” means “The Old-age Pensions Amendment Act, 1900”; “the Amendment Act, 1901,” means “The Old-age Pensions Amendment Act, 1901”; and “the Amendment Act, 1902,” means “The Old-age Pensions Amendment Act, 1902”: “Magistrate” means a Stipendiary Magistrate.

PENSION-CLAIMS, AND MATTERS RELATING THERETO.

2. The pension-claim shall be in the form numbered 1 in the Schedule hereto, and shall be made to the Deputy Registrar in person.

3. The Pension-claim Register shall contain particulars of each pension-claim received, and shall be in the form numbered 2 in the Schedule hereto.

4. The Deputy Registrar shall not record in the Register any pension-claim which is not made on the printed form, or which on its face discloses the fact that the claimant resides in another old-age pension district; but in the former case he shall return it to the claimant, together with a notice in the form numbered 3 in the Schedule hereto, and in the latter case he shall forward it to the Deputy Registrar for the district in which the claimant resides, and notify the claimant in the form numbered 3A in the Schedule hereto.

5. The Deputy Registrar shall, in respect of all claims dealt with by him under the last preceding clause of these regulations, enter in a book to be kept for that purpose a memorandum of the mode in which he has dealt with them.

6. The Deputy Registrar, after reading over the contents of the claim to the applicant, shall record it in the Pension-claim Register, and note thereon the name of the old-age pension district and its registered number, and shall forthwith proceed to verify the statements of the claimant by forms numbered B to I. Having done so, he shall then forward the claim to the Magistrate presiding at the Court held nearest to the residence of the claimant, duly setting out his recommendation.

7. Under instructions from the Magistrate, the Clerk of the Court shall send to the claimant a notice, in the form numbered 4 in the Schedule hereto, of the time and place at which he may attend to support his claim. He shall likewise, where he is not himself the Deputy Registrar, notify the Deputy Registrar of the place and date fixed for the hearing of the application.

8. The pension-claim, with a minute of the Magistrate’s decision thereon, shall be filed in the Court, and each decision shall be notified to the Deputy Registrar, who shall note the purport thereof in the Pension-claim Register.

9. If the Magistrate’s decision is that the claim is rejected, such notification, which shall be in the form numbered 5 in the Schedule hereto, shall specify all the material points which he finds to be respectively proved, disproved, and not proved.

10. If the Magistrate’s decision is that the claim is established, he shall fix the rate of the first year’s pension, and forward to the Deputy Registrar a certificate thereof, in the form numbered 6 in the Schedule hereto.

11. Forthwith upon receipt of the Magistrate’s certificate, the Deputy Registrar shall note the purport thereof in the Old-age Pension Register, and after giving it the next available number therein, which shall be the number of the pension-certificate, shall then immediately forward it by registered letter to the Registrar, who shall record and file the same.

12. The Registrar shall, in respect of each Magistrate’s certificate received by him, issue a pension-certificate in accordance therewith, and forward the same by registered letter to the Deputy Registrar, who shall sign the same and, where possible, deliver it to the pensioner personally, or forward it by registered letter to the pensioner’s known address.

MAORI PENSION-CLAIMS.

13. In every case where a pension-claim is signed by a Maori as claimant,—
    (1.) The claim shall set out all the names by which the claimant is known;
    (2.) There shall be indorsed thereon or subscribed thereto a certificate by a Government officer that the contents of the claim were fully explained to, and appeared to be fully understood by, the Maori before he signed it;
    (3.) The claim shall be forwarded by the Deputy Registrar to the Registrar, who shall send the same to the Registrar of the Native Land Court of the district for a report;
    (4.) The Registrar of the Native Land Court shall indorse on such claim a certificate that the claimant or pensioner does or does not appear from the records of the Court to have held, or since the passing of the principal Act to have held, any land or interest in land;
    (5.) On receipt of such certificate the Registrar shall instruct the Deputy Registrar to proceed with the claim in the ordinary manner.

14. In every case where the Maori claimant holds or enjoys any customary rights or any interest in any land, whether under defined legal title or Native custom, or has previously held or enjoyed any such rights or interest, the pension-claim shall have annexed or subscribed thereto a statement setting forth, in respect of such land, and also in respect of lands owned by claimant’s husband or wife, as the case may be, the following particulars:—
    (1.) The name and locality of the block.
    (2.) The nature and extent of the rights or interest held or claimed therein.
    (3.) The name under which he or she appears in the list of owners.
    (4.) If he has had an interest in any land and has disposed of it, he shall state the date of such disposal, and the consideration obtained, the terms and conditions, and the name of the person to whom transferred.
    Such statement shall be in the form numbered 1A in the Schedule hereto, and shall be deemed to be part of the pension-claim to which it is expressed to refer.

15. It shall be the duty of every Government officer having the requisite knowledge of the Maori language to assist Maoris in preparing their pension-claims, and to give the aforesaid certificate without fee.

INVESTIGATION OF PENSION-CLAIMS.

16. In order to facilitate the Magistrate’s investigation of pension-claims the following provisions shall apply:—
    (1.) If, in the course of the investigation, the Magistrate considers that further evidence on any specific matter is necessary, he may authorise an officer of his Court, or any other fit person, to inquire into the same, and may accept the result of such inquiry as evidence.
    (2.) For the purposes of such inquiry the person so appointed shall have free access to—
    (a.) The registers of the Land Transfer and Deeds Registration Offices for the purpose of searching title to land; and also to
    (b.) The records of the Supreme Court for the purpose of searching instruments registered under “The Chattels Transfer Act, 1889”; and also to
    (c.) The district valuation roll under “The Government Valuation of Land Act, 1896,” for the purpose of ascertaining the particulars and valuation of landed property; and also to
    (d.) The registers and records of the Registrar-General’s Department, for the purposes of information relating to births, deaths, marriages, or ages; and also to
    (e.) The records of the Native Land Courts and the Native Land Purchase Officers; and also to
    (f.) The records of the Stamp Department relating to deceased persons’ estates; and also to
    (g.) All real and personal property of the claimant, and all books, vouchers, and documents relating to such property or to his income, for the purpose of assessing the same.
    (3.) It shall be the duty of all officers of the aforesaid Departments and offices, and of any bank, insurance company, or other corporation carrying on business in New Zealand, and of all officers of the Post-Office Savings-Bank, and of any other Government Department which receives investments of money from the public, to make true answers to all such questions, and to afford, without fee, all such information to the person so appointed as may reasonably be required for the purpose of prosecuting such inquiry as aforesaid.
    (4.) The powers of inquiry and search hereby given shall be limited to specified pensioners or applicants for pension, and shall not be construed as authorising any general search or inquiry.
    (5.) The Magistrate may also, in his discretion, accept as testimony for or against the claim—