New Zealand Gazette – 1915 – No. 137

Page 3939

✨ War Pensions Regulations



Numb. 137. 3939

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, NOVEMBER 25, 1915.
Published by Authority.

WELLINGTON, MONDAY, NOVEMBER 29, 1915.

Additional Regulations under the War Pensions Act, 1915.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-ninth day of November, 1915.

Present:
His Excellency the Governor in Council.

IN pursuance and exercise of the power and authority conferred on him by the War Pensions Act, 1915 (hereinafter referred to as “the said Act”), His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following additional regulations for the purposes of the said Act.

REGULATIONS.
ILLEGITIMATE CHILDREN.

  1. WHEN an application for a pension under the said Act has been made by or on behalf of any person as being the illegitimate child of a deceased member of the Forces, or of any other deceased person whose dependants are entitled to a pension under the said Act, the application shall for the purposes of these regulations be referred by the Secretary of the War Pensions Board to a Stipendiary Magistrate to inquire into and determine the paternity of the said child, and the Magistrate shall have jurisdiction accordingly.

  2. Such inquiry shall be conducted in the same manner and be governed by the same rules as an application for an affiliation order under the Destitute Persons Act, 1910.

  3. The Magistrate shall fix a time and place for the hearing of the application, and shall give notice to the person (hereinafter called “the applicant”) by whom the application for the pension has been made, and to the Registrar of Pensions to whom such application has been made.

  4. The Registrar of Pensions, or some other person appointed by the Commissioner of Pensions, shall attend the inquiry, and shall have the right to be heard and cross-examine the applicant and his or her witnesses, and (if necessary) to call evidence.

  5. The application shall be heard and determined by the Magistrate in private, unless in any case he considers for special reasons the application should be heard and determined in open Court. In the hearing and determination of the application the Magistrate shall have the same powers of hearing evidence on oath and of procuring the attendance and testimony of witnesses as if the application was a complaint under the Destitute Persons Act, 1910.

  6. The Magistrate shall report to the Secretary of the War Pensions Board his determination as to the paternity of the child.

  7. The determination of the Magistrate shall for the purposes of the said Act be final and conclusive, and there shall be no appeal therefrom or rehearing or renewal of the application. No Court fees shall be payable in respect of any proceedings before a Magistrate under the foregoing regulations.

  8. When an application for a pension under the said Act is made by or on behalf of any person as being the illegitimate child of any person still living, the paternity of the child shall



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1915, No 137


NZLII — PDF NZ Gazette 1915, No 137




✨ LLM interpretation of page content

🛡️ Additional Regulations under the War Pensions Act, 1915

🛡️ Defence & Military
29 November 1915
War Pensions, Illegitimate Children, Regulations, Magistrate Inquiry
  • His Excellency the Governor in Council