✨ Old-age Pensions Regulations




384

THE NEW ZEALAND GAZETTE.

[No. 9

thereon the next available number in the said Register,
which shall be the number of the pension-certificate, shall
then forward it by first mail to the Commissioner, who
shall record and file the same.

  1. The Commissioner shall, in respect of each Magistrate's
    certificate of establishment received by him, and having
    regard to the provisions of the principal Act and any amend-
    ment thereof, issue a pension-certificate in accordance there-
    with to the pensioner.

PENSION-CLAIMS BY MAORIS.

  1. In every case where a pension-claim is signed by a
    Maori as claimant, or where the wife or husband of a
    claimant is a Maori, there shall be annexed a statement
    setting forth in respect of any customary rights or interest
    now or previously held or enjoyed by the claimant or by the
    claimant's husband or wife, as the case may be, in any block
    of land, whether under defined legal title or Native custom,
    the following particulars :-
    (a.) All the names by which he or she is known.
    (b.) The names and locality of the blocks.
    (c.) The nature or extent of the rights or interest held or
    claimed therein.
    (d.) The name under which he or she appears in the list
    of owners.
    (e.) If any interest in any land has been disposed of
    since the first day of November, one thousand
    eight hundred and ninety-eight, the date, terms,
    and conditions of such disposal, the consideration
    obtained, and the name of the person to whom
    transferred.
    Such statement, which shall be in the form numbered IA in
    the First Schedule hereto, shall be deemed to be part of the
    pension-claim to which it is expressed to refer, and there
    shall be indorsed thereon a certificate by a Government
    officer that the contents thereof were fully explained to, and
    appeared to be fully understood by, the claimant before he
    signed it.
    The claim shall be forwarded by the Registrar to the Com-
    missioner, who shall send the same to the Registrar of the
    Native Land Court for a report as to the interests held
    or claimed to be held.
    On receipt of such report the Commissioner, after adding
    thereto the value of the interests held, as shown by the
    books of the Valuation Office, shall return the claim, together
    with the report, to the Registrar to be dealt with as in
    the case of an ordinary claim.

  2. 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.

PENSION-CLAIMS UNDER SECTION 11 OF THE PRINCIPAL ACT.

  1. Any claimant wishing to avail himself of the provisions
    of section eleven of the principal Act shall, in addition to
    making a claim on Form 1, likewise make application on
    the form numbered 1B in the First Schedule hereto. After
    satisfying himself so far as he is able by means of the inquiry
    forms that the claimant is otherwise qualified to receive a
    pension, the Registrar shall forward Form 1B to the Com-
    missioner, who shall procure from the books of the Valua-
    tion Office the value of the dwelling and freehold land upon
    which such dwelling is situated, and forward the same to the
    Public Trustee.
    When the Public Trustee has agreed to accept the transfer
    or conveyance of the property, the application shall be re-
    turned to the Registrar, who will at once proceed with the
    investigation of the claim in the ordinary way.
    If the Magistrate's decision is that the claim is established,
    he shall, in lieu of the certificate on form numbered 6, sign
    the certificate on the said application.
    Forthwith upon receipt of the said certificate the Regis-
    trar shall note the purport thereof in his Old-age Pension
    Register, and, after giving it the next available number
    therein, forward it by first mail to the Commissioner, who
    shall issue a pension-certificate as provided by Regula-
    tion 12.
    In the event of the applicant for a pension under this
    section being already an old-age pensioner, the application
    shall be made in conjunction with the next succeeding
    Income and Property Statement forwarded by the pensioner,
    and shall be dealt with as in the case of an original claim,
    and for that purpose the provisions of this regulation and
    the form required thereunder shall apply with all necessary
    modifications.
    On the death of any pensioner, or survivor of a pensioner,
    under this section, the Commissioner, on receipt of the
    notice of death, shall notify the same to the Public Trustee,

who shall proceed to act as provided by subsection (5) of the
aforesaid section, or by subsection (3) of section 4 of the
Amendment Act, 1909. All moneys payable by way of refund
shall be paid into the Public Account and the bank receipt
forwarded to the Commissioner.
Where the Commissioner has reason to believe that the
premises are not being maintained in good order and sub-
stantial repair, or the rates and the assessments payable
thereon are not being paid, he may withhold payment of the
instalments, and may, if necessary, apply such instalments
to meet the cost of repairs that may be deemed to be
necessary, or to pay the aforesaid rates and assessments.

INVESTIGATION OF PENSION-CLAIMS.

  1. In order to facilitate the investigation of pension-claims,
    the following provisions shall apply :-
    (a.) If in the course of the investigation further evidence
    on any specific matter is necessary, the Registrar
    or any person authorised by the Magistrate may
    inquire into the same, and the result of such
    inquiry may be accepted as evidence.
    (b.) For the purpose of such inquiry free access shall be
    given to--
    (1.) The registers and records of the Registrar-
    General's Department, for the procuring of in-
    formation relating to ages at birth, death, or
    marriage; and also to
    (2.) The records of the Immigration Depart-
    ment; and also to
    (3.) The district valuation rolls under "The
    Government Valuation of Land Act, 1908," and
    the records of the Commissioner of Taxes, for the
    purpose of ascertaining the particulars and valua-
    tion of real property; and also to
    (4.) The registers of the Land Transfer and
    Deeds Registration Offices, for the purpose of
    searching title to land; and also to
    (5.) The records of the Supreme Court, for the
    purpose of searching instruments registered under
    "The Chattels Transfer Act, 1908"; and also to
    (6.) The records of the Advances to Settlers
    Office, the Public Trust Office, and the Govern-
    ment Insurance Department, relating to mort-
    gages on property; and also to
    (7.) The records of the Native Land Courts and
    the Native Land Purchase Officers; and also to
    (8.) The records of the Stamp Department
    relating to deceased persons' estates; and also to
    (9.) All real and personal property of the
    claimant, and all books, vouchers, and docu-
    ments relating to such property, and any
    mortgage thereon, or to his income, for the pur-
    pose of assessing the same.
    (c.) It shall be the duty of all officers of the aforesaid
    Departments and offices, and of any bank, in-
    surance company, or other corporation carrying
    on business in New Zealand, and of all officers
    the Post-Office Savings-Bank, and of any oth
    Government Department which receives inves-
    ments of money from the public, and of any
    private individual, to make true answers to all
    questions, and to afford, without fee, all such
    information as may be reasonably required for
    the purpose of prosecuting such inquiry as afore-
    said.
    (d.) 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.
    (e.) The Magistrate may, in his discretion, accept as
    testimony for or against the claim-
    (1.) A statutory declaration made by any re-
    putable person, who therein declares to what he
    knows of his own knowledge to be true; or
    (2.) Any other documentary evidence, whether
    strictly legal evidence or not; or
    (3.) The sworn spoken evidence of any reput-
    able person who deposes to what he knows to be
    true; or
    (4.) The knowledge or observation of the Magis-
    trate himself.

  2. The valuations for the time being appearing in the
    general valuation roll under "The Government Valuation
    of Land Act, 1908," shall, so far as the same are applicable,
    be used for the purpose of assessing the net capital value
    of the accumulated property of claimants for pensions.
    Where the beneficial interest in any property chargeable
    against a pension consists of the life interest in such property



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VUW Te Waharoa PDF NZ Gazette 1910, No 9





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πŸ₯ Regulations under the Old-age Pensions Acts, 1908 and 1909 (continued from previous page)

πŸ₯ Health & Social Welfare
Old-age Pensions, Regulations, Claims, Magistrates, Registrar, Maori Claims, Investigation