3274
THE NEW ZEALAND GAZETTE.
[No. 106

also be revived at any time not exceeding twelve calendar months after the date of forfeiture as above determined, on satisfactory proof being given of the unimpaired health of the person whose life is insured, and on payment of the premiums in arrear and interest thereon as at the due date of each premium, accumulated at a rate not exceeding seven pounds per centum per annum, provided that no charge for interest shall be less than one shilling.

(d.) The sum assured under any policy will be paid in case of the death of the person whose life is insured during either the thirty days of grace mentioned in section (b) of these conditions, or, in the case of policies which have acquired a surrender value, while the surrender value for the time being is in excess of all charges on the policy of whatever nature, notwithstanding the non-payment of premium or premiums due; but the amount of premiums remaining unpaid, with interest as aforesaid, shall be deducted from the sum assured before payment.

(e.) Policies shall become void if the person whose life is insured dies by suicide, whether sane or insane, within six months from the date of the policy: Provided, nevertheless, that it shall be lawful for the Commissioner, in his absolute discretion, to pay the sum assured if he is satisfied, after careful inquiry, that the person whose life is insured had not at the date of the policy any suicidal intention.

(f.) Policies shall be exempt from forfeiture in all cases except fraud or fraudulent misrepresentation, or concealment of facts, or non-payment of premium.

(g.) Unless the age of the life assured has already been admitted by the Commissioner, the Commissioner shall be entitled to require at any time reasonable proof of the date of birth.

(h.) On the death of the person whose life is insured, notice in writing of such death shall be immediately given to the Commissioner.

(i.) Payment of the sum assured shall not be due until the expiration of one calendar month after the time when the proofs of identity and death of the person whose life is insured have been supplied to the satisfaction of the Commissioner, nor until the policy, duly discharged, has been delivered to the Commissioner or to a duly appointed officer; but it shall be competent for the Commissioner, if he thinks fit, to pay the said sum at any time after such proofs have been supplied to him.

COMMISSIONER MAY INSERT OTHER CONDITIONS OF POLICIES.

19. In addition to the terms and conditions which, pursuant to the said Act and these regulations, any policy is subject to, the Commissioner may, at the time of issuing the policy, cause to be inserted in or indorsed thereon any other terms and condition or conditions he thinks fit, and in that case such policy shall be deemed subject to such other terms and conditions as fully and effectively as if they had been specifically imposed by the said Act or these regulations.

TERMS ON WHICH CONTRACTS MAY BE VARIED.

20. The terms and conditions on which contracts entered into under the said Act may be varied, either by way of exchange or otherwise, shall be such as are mutually agreed upon by the Commissioner and the policyholder.

ANNUITY INSTALMENT.

21. Before payment of any instalment of an annuity the annuitant shall furnish such proofs of identity and survival as the Commissioner requires.

DEFERRED ANNUITY OR ENDOWMENT CLAIM.

22. Before any moneys payable in respect of any deferred annuity or endowment are paid under any policy in that behalf, the Commissioner may require satisfactory evidence of the age, identity, and survival of the person on whose life the policy is effected.

PROOF OF AGE.

23. In every case where the age of the person whose life is insured has not been admitted by the Commissioner, the age may be proved by furnishing to the Commissioner either—

(a.) An examined official or certified copy or extract from the register or other official record of the birth; or

(b.) A declaration, affirmation, or affidavit, stating that no register or other official record of the birth is to be found; and a declaration, affirmation, or affidavit, by some person other than the insured, stating with particularity the belief of such person as to the age of the person whose life is insured, and the grounds of such belief. Such declarations, affirmations, or affidavits must be made in such form and manner that the persons making them would, under the law of the place where they are made (if there is any such law), be criminally responsible if any statement therein is false to their knowledge.

PROOF OF DEATH.

24. Death may be proved by the production of the following evidence:—

(a.) A certificate under the hand of the medical attendant (if any) of the deceased during his last illness, stating the date, and place, and cause of death; and

(b.) An examined official or certified copy or extract from the register or other official record of the death or burial; or

(c.) A declaration, affirmation, or affidavit stating the time, place, and circumstances of death, and that no official record of the death or burial is to be found; such declaration, affirmation, or affidavit to be made in such form and manner that the person making it would, under the law of the place where it is made (if there is any such law), be criminally responsible if any statement therein is false to his knowledge.

PROOF OF IDENTITY.

25. The identity of the deceased with the person whose life is insured shall be proved by declaration, affirmation, or affidavit made in the manner herein prescribed with regard to declarations, affirmations, or affidavits as to proof of death, and stating the knowledge or belief of the person making the same as to the identity of the deceased, and giving with particularity the grounds of such knowledge or belief.

OTHER PROOFS OF AGE, IDENTITY, AND DEATH MAY BE RECEIVED.

26. The Commissioner may accept, and shall be entitled to demand, proofs of age, identity, and death other than as aforesaid where they appear to him substantially sufficient for any of the aforesaid purposes.

PROOF OF CLAIM TO BE PRODUCED.

27. All powers of attorney, probates, letters of administration, exemplifications or other formal proofs, orders of Courts, and other instruments evidencing the right of any person to receive any money under any policy shall be produced to the Commissioner or to such person as he in each case appoints. All proofs shall be made at the expense of the person tendering the same.

POLICY MAY BE SURRENDERED AFTER CERTAIN DURATION.

28. Any life-insurance policy, except as hereinafter mentioned, may be surrendered after it has been in force for a period of not less than two years: Provided that any double endowment insurance policy having a period of not more than fifteen years may be surrendered after it has been in force for not less than one year: Provided further that any life-insurance policy fully paid up at the date of issue may be surrendered at any time after such date of issue: Provided further that, in the case of policies other than as aforesaid, the terms of surrender shall be such as are from time to time determined by the Commissioner. The methods upon which surrender values shall be calculated shall be such as the Commissioner from time to time determines.

COMMISSIONER MAY GRANT LOANS TO POLICYHOLDERS.

29. The Commissioner may, upon the application of any policyholder whose policy has been in force for two years prior to the date of the loan, advance to him, by way of loan, any sum not exceeding nine-tenths of the then surrender value of the policy: Provided that no loan on any policy shall be for a less sum than five pounds.