New Zealand.
Analysis.
Title. | |
Preamble. | |
1. | Short Title. |
2. | Interpretation. |
Districts and Registrars.
3. | Districts. Alteration of boundaries. |
4. | Registrar. |
5. | Deputy Registrars. |
6. | Their powers and duties. |
Pensions.
7. | Persons entitled to pensions. |
8. | Necessary qualifications. |
9. | Amount of pension. |
10. | Assessment of value of accumulated property. |
11. | Pension not to vary during year. |
12. | Income for purposes of first year's pension. Income for subsequent years. |
13. | General rules for computing income. |
14. | Pension payable pursuant to pension-certificate. When to commence, and payable monthly. |
Pension-Claims.
15. | Pension-claim. |
16. | Register of pension-claims. |
17. | Pension-claims to be numbered. |
18. | Stipendiary Magistrate to investigate. |
19. | Witnesses and evidence on oath. |
20. | Evidence to be corroborated. |
21. | How pension-claim to be dealt with. |
22. | Stipendiary Magistrate may postpone claim. |
23. | Mode of rejecting claim. |
24. | Strict rules of evidence not to be binding. |
25. | Matters to be distinguished. |
26. | As to matters disproved. |
27. | As to matters unproved. |
28. | Provisional investigation of pension-claims. |
29. | Pension-claims may be amended. |
Pension-Certificates.
30. | Issue of pension-certificate when claim established. |
31. | Annual pension-certificate. |
32. | Particulars to be entered in pension-register. |
33. | Entries in register to be numbered. |
34. | Transfer of pension-certificates to other districts, and duplicates. |
Income and Property Statements.
35. | Statement of income for preceding pension-year to be furnished to Deputy Registrar. Issue of pension-certificate for year. |
Payment of Pensions and Forfeiture of Instalments.
36. | Where pension payable. |
37. | Change of place of payment. |
38. | Instalment to be applied for within twenty-one days. |
39. | When instalment deemed forfeited. |
40. | When and how forfeiture may be waived. |
41. | Payment under warrant. |
42. | When warrant deemed lapsed. |
43. | Provision where pensioner in receipt of charitable aid. |
44. | Payment to other than pensioner. |
45. | Period for which pension not payable. |
46. | Procedure as to payments of instalments by Postmasters. |
Penalties.
47. | Imprisonment for certain breaches of Act. |
48. | Additional powers of Court when convicting. |
49. | Additional penalty for certain offences. |
50. | Pension-certificate to be cancelled on imprisonment for certain offences. |
51. | When pension absolutely forfeited. |
52. | Notice of forfeiture to Deputy Registrar. |
Miscellaneous.
53. | Pensions absolutely inalienable. |
54. | Returns to be prepared by Deputy Registrars. |
55. | General Register. |
56. | Particulars to be furnished to Postmaster-General. |
57. | Act to be posted at post-offices. List of pensioners. |
58. | Payment of imprest money into Post Office Account. |
59. | Return by Postmaster-General of all payments made. |
60. | Registrar to certify same for payment. |
61. | Expenses of administration. |
62. | Annual statement to be laid before Parliament. |
63. | Regulations. |
64. | To whom Act not to apply. |
65. | Act to apply to aboriginal natives of New Zealand. Proviso. |
66. | Rules for assessment of undetermined Native interests. |
67. | Pensions granted subject to any amending Act. |
68. | "Registration of People's Claims Act, 1896," repealed. |
1898, No. 14.
Title.An Act to provide for Old-age Pensions.
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1. | Short Title. The Short Title of this Act is "The Old-age Pensions Act, 1898." |
2. | Interpretation. In this Act, if not inconsistent with the context,—
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Districts and Registrars.
3. |
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4. | Registrar.The Governor may from time to time appoint a Registrar, who, subject to the control of the Colonial Treasurer, shall have the general administration of this Act. | ||||
5. | Deputy Registrars. The Governor may also from time to time appoint in and for every such district a Deputy Registrar and such other persons as he deems fit. | ||||
6. | Their powers and duties. Subject to the provisions of this Act, the Registrar and every Deputy Registrar and other person appointed as aforesaid, shall have such powers and duties as the Governor from time to time determines. |
Pensions.
7. | Persons entitled to pensions. Subject to the provisions of this Act, every person of the full age of sixty-five year or upwards shall, whilst in the colony, be entitled to a pension as hereinafter specified.page 3 | ||||||||||||||||||||
8. | Necessary qualifications. No such person shall be entitled to a pension under this Act unless he fulfils the following conditions, that is to say:—
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9. | Amount of pension. The amount of the pension shall be eighteen pounds per year, diminished by,—
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10. | Assessment of value of accumulated property. The net capital value of accumulated property shall be computed and assessed in the prescribed manner, and for that purpose the following provisions shall apply:—
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11. | Pension not to vary during year. The rate of each year's pension shall not vary during the year. | ||||||||||||||||||||
12. |
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13. | General rules for computing income. The following general rules shall apply in the computation of income for all the purposes of this Act:—
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14. | Pension payable pursuant to pension-certificate. With respect to every pension under this Act the following Provisions shall apply:—
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Pension-Claims.
15. |
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16. | Register of pension-claims. The Deputy Registrar shall file the claim, and record it in the prescribed manner in a book, to be called "The District Old-age Pension-claim Register," which shall be open to inspection on payment of a fee of one shilling. | ||||||||
17. | Pension-claims to be numbered. All pension-claims shall be numbered consecutively in the order in which they are entered in the register, so that no two pension-claims in the same register bear the same number. | ||||||||
18. |
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19. | Witnesses and evidence on oath. For the purposes of such investigation all the powers under "The Magistrates' Courts Act, 1893," shall be available for the purpose of compelling the attendance of witnesses, and every witness shall be examined on oath. | ||||||||
20. | Evidence to be corroborated. No pension-claim shall be admitted unless the evidence of the claimant is corroborated on all material points, except that in page 6respect of the age of the claimant the Stipendiary Magistrate, if otherwise satisfied, may dispense with corroborative evidence. | ||||||||
21. | How pension-claim to be dealt with. The Stipendiary Magistrate may admit the pension-claim as originally made, or as modified by the result of his investigations, or may postpone it for further evidence, or reject it, as he deems equitable; and his decision shall be notified to the claimant by the Clerk. | ||||||||
22. | Stipendiary Magistrate may postpone claim. If the Stipendiary Magistrate is of opinion that, although the claim is not completely established, further evidence may be adduced in support thereof, or it may be mended by lapse of time, he shall postpone the claim if the claimant so desires, and in such case all matters as to which the Stipendiary Magistrate is satisfied shall be recorded as proved: Provided that this shall not be a bar to further evidence being adduced in respect of the matter recorded as proved. | ||||||||
23. | Mode of rejecting claim. If the Stipendiary Magistrate decides that the pension-claim is not established, and cannot be mended by postponement for a reasonable time, he shall reject it, and when doing so shall specify in writing all the material points which he finds to be respectively proved, disproved, and not to be proved. | ||||||||
24. | Strict rules of evidence not to be binding. In investigating any pension-claim, the Stipendiary Magistrate shall not be bound by the strict rules of evidence, but shall investigate and determine the matter by such means and in such manner as in equity and good conscience he thinks fit. | ||||||||
25. | Matters to be distinguished. In disposing of material points against the claimant, the Stipendiary Magistrate shall distinguish between what he finds to be disproved and what he finds to be simply unproved or insufficiently proved. | ||||||||
26. | As to matters disproved. In respect of what is found to be disproved, the Stipendiary Magistrate's decision shall be final and conclusive for all purposes. | ||||||||
27. | As to matters unproved. In respect of what is found to be simply unproved or insufficiently proved, the claimant may at any time thereafter adduce fresh evidence on those points before the Stipendiary Magistrate, and in such case all material points previously found by the Stipendiary Magistrate to be proved shall be deemed to be established, and he shall dispose of all other points as in the case of a new pension-claim. | ||||||||
28. | Provisional investigation of pension-claims. In order to facilitate the adjustment of pension-claims they may be filed and provisionally investigated at any time not exceeding two years before the date on which the claimant alleges that his pension should commence; but no pension-claim shall be finally admitted, nor shall any pension-certificate be issued, until all the conditions prescribed in respect thereof by this Act have been fulfilled. | ||||||||
29. | Pension-claim may be amended. The Pension-claim may be amended from time to time on any point which has not been finally disposed of. |
Pension-Certificates.
30. | Issue of pension-certificate when claim established. As soon as the Pension-claim is established, and the rate of the first year's pension is fixed by the Stipendiary Magistrate, he shall, in the prescribed manner, certify the same to the Deputy Registrar, who shall, in the prescribed manner and form, issue to the claimant a certificate (elsewhere throughout this Act called a "pension-certificate") in respect of the first year's pension.page 7 | ||||||||||||
31. | Annual pension-certificate. In respect of the pension for each year after the first, a fresh pension-certificate shall be issued as hereinafter provided. | ||||||||||||
32. | Particulars to be entered in pension-register. The Deputy Registrar shall enter in a book, to be called "The District Old-age Pension Register," the following particulars respecting each pension-certificate issued by him:—
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33. | Entries in register to be numbered. All entries of pension-certificates in the Old-age Pension Register shall be numbered consecutively, so that no two entries in the same register bear the same number. | ||||||||||||
34. | Transfer of pension-certificates to other districts, and duplicates. On application in the prescribed form, and subject to prescribed conditions,—
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Income and Property Statements.
35. | Statement of income for preceding pension-year to be furnished to Deputy Registrar. For the purpose of ascertaining in respect of the second and each subsequent year, computed from the date of the commencement of the pension, whether the pensioner is entitled to any payment in respect of his pension for such year, and, if so, for what amount, the following provisions shall apply:—
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Payment of Pensions and Forfeiture of Instalments.
36. | Where pension payable. Each monthly instalment of the pension shall be payable at the post-office money-order office named in the pension-certificate. | ||||||||
37. | Change of place of payment. On application in the prescribed manner, the name of such office may be changed from time to time, and every change of office shall be recorded by the Deputy Registrar on the pension-certificate and in the District Old-age Pension Register. | ||||||||
38. | Instalment to be applied for within twenty-one days. Subject to the provisions of this Act, each monthly instalment shall be payable at any time within twenty-one days after its due date on the personal application of the pensioner and the production of his pension-certificate to the Postmaster of the post-office money-order office named therein. | ||||||||
39. | When instalment deemed forfeited. In default of strict compliance with all the provisions of the last-preceding section hereof such instalment shall be deemed to be forfeited, unless the forfeiture is waived under the provisions in that behalf hereinafter contained. | ||||||||
40. |
When and how forfeiture may be waived. The Stipendiary Magistrate or two Justices of the Peace, by warrant in the prescribed form, may waive any such forfeiture in any case where, after investigation, he is or they are satisfied—
Provided—
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41. | Payment under warrant. The instalment named in any such warrant shall be payable at any time within fourteen days after the date thereof, on the personal application of the pensioner or other the person named therein, and also the production of the warrant, and (except where the page 9warrant otherwise provides) of the pension-certificate, to the Postmaster of the post-office money-order office named in the warrant. | ||||||||
42. | When warrant deemed lapsed. In default of strict compliance with all the provisions of the last-preceding section hereof the warrant shall be deemed to have lapsed, and the forfeiture of the instalment named therein shall become absolute. | ||||||||
43. | Provision where pensioner in receipt of charitable aid. The following provisions shall apply in every case where the pensioner is maintained in any charitable institution, or receives relief therefrom:—
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44. |
Payment to other than pensioner. Subject to prescribed regulations, and on production to the Postmaster of a warrant in the prescribed form, signed by a Stipendiary Magistrate, the instalments may be paid to any clergyman, Justice of the Peace, or other reputable person named in such warrant, for the benefit of the pensioner.
Such warrant may be issued by a Stipendiary Magistrate whenever he is satisfied that it is expedient so to do, having regard to the age, infirmity, or improvidence of the pensioner, or any other special circumstances. |
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45. | Period for which pension not Payable. Every instalment which falls due during any period whilst the pensioner is in prison, an inmate of a lunatic asylum, or out of the colony, shall be deemed to be absolutely forfeited. | ||||||||
46. | Procedure as to payments of instalments by Postmasters. "With respect to the payment of instalments of pension by the Postmaster the following provisions shall apply:—
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Penalties.
47. | Imprisonment for certain breaches of Act. Every person is liable to imprisonment for not more than six months, with or without hard labour,—
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48. | Additional powers of Court when convicting. In the case of any conviction under the last-preceding section hereof, the convicting Court, in addition to imposing the punishment thereby prescribed, shall also, according to the circumstances of the case, by order—
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49. |
Additional penalty for certain oence s.If any pensioner is convicted of drunkenness, or of any offence punishable by imprisonment for not less than one month and dishonouring him in the public estimation, then, in addition to any other penalty or punishment imposed, the convicting Court may in its discretion, by order, forfeit any one or more of the instalments falling due next after the date of the conviction:
Provided that if, in the opinion of the convicting Court, any pensioner misspends, wastes, or lessens his estate, or greatly injures his health, or endangers or interrupts the peace and happiness of his family, the Court may by order direct that the instalment be paid to any clergyman, Justice of the Peace, or other reputable person for the benefit of the pensioner, or may by order cancel the pension-certificate: Provided further that if on any conviction the pensioner is deemed to be an habitual drunkard within the meaning of "The Police Offences Act, 1884," then, in lieu of forfeiting any instalment of the page 11pension, the convicting Court shall, by order, cancel the pension-certificate. |
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50. | Pension-certificate to be cancelled on imprisonment for certain offences. If any pensioner is sentenced to imprisonment for twelve months or upwards in respect of any offence dishonouring him in the public estimation, the convicting Court shall, by order, cancel the pension-certificate. | ||||||||
51. | When pension absolutely forfeited. In any case where any pension-certificate is cancelled by order of a Court the pension shall be deemed to be absolutely forfeited. | ||||||||
52. | Notice of forfeiture to Deputy Registrar. In every case where any instalment is forfeited or any pension-certificate is cancelled by order of a Court, the Clerk of the Court shall forthwith notify the Deputy Registrar of such forfeiture or cancellation, and the Deputy Registrar shall record the same. |
Miscellaneous.
53. | Pensions absolutely inalienable. The pension being for the personal support of the pensioner, it shall (subject to the provisions of this Act as to payment, forfeiture, and otherwise) be absolutely inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise how-soever. | ||||||||||
54. | Returns to be prepared by Deputy Registrars. Every Deputy Registrar shall, in the prescribed manner and at prescribed intervals, prepare and forward to the Registrar a return showing for each such interval,—
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55. | General Register. The Registrar shall from the aforesaid returns compile a General Old-age Pension Register containing a record of all pension-certificates for the time being in force, and such other particulars as are prescribed. | ||||||||||
56. | Particulars to be furnished to Postmaster General. The Registrar shall at prescribed intervals furnish to the Postmaster-General schedules showing for each such interval,—
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57. | Act to be posted at post-offices. List of pensioners. Copies of this Act shall be posted at the several post-offices in the colony, and a list containing the names of the pensioners whose instalments are paid at any post-office shall be kept thereat, and the same shall on application be open to inspection on payment of the fee of one shilling. | ||||||||||
58. |
Payment of imprest money into Post Office Account. The Colonial Treasurer shall from time to time, without further appropriation than this Act, pay out of the Consolidated Fund into the Post Office Account, by way of imprest, whatever moneys are necessary in order to enable the instalments specified in such schedules to be paid out of such account, and the Postmaster-General shall thereupon pay such instalments accordingly:
Provided that this section shall continue in operation until the fourteenth day after the close of the second session of the now next succeeding Parliament, but no longer. page 12 |
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59. | Return by Postmaster-General of all payments made. The Postmaster-General shall, at such periodical intervals, as are from time to time arranged between him and the Colonial Treasurer, furnish to the Registrar a statement showing for each such interval—
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60. | Registrar to certify same for payment. The Registrar, after satisfying himself that such statement is correct, shall certify to the accuracy thereof, and forward it to the Colonial Treasurer. | ||||||||||
61. | Expenses of administration. All expenses incurred in administering this Act (other than the payment of pensions) shall be payable out of moneys to be from time to time appropriated by Parliament. | ||||||||||
62. | Annual statement to be laid before Parliament. The Colonial Treasurer shall, within thirty days after the close of each financial year ending the thirty-first day of March, prepare and lay before Parliament, if sitting, or, if not sitting, then within fourteen days after the commencement of the next session, a statement showing for such year—
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63. |
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64. | To whom Act not to apply. This Act, in so far as it provides for the grant of pensions, shall not apply to—
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65. | Act to apply to aboriginal natives of New Zealand. Subject to the provisions of subsection one of the last-preceding section hereof, this Act shall apply to aboriginal natives Proviso. of New Zealand: Provided that on the investigation of any such Native's pension-claim his evidence as to his age shall be required to be corroborated to the satisfaction of the Stipendiary Magistrate. | ||||||||||
66. | Rules for assessment of undetermined Native interests. In determining the claim of any aboriginal native, in so far as the same may be affected by rights or property held or enjoyed page 13otherwise than under defined legal title, the Stipendiary Magistrate shall be guided by the following rules:—
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67. |
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68. | "Registration of People's Claims Act, 1896," repealed. "The Registration of People's Claims Act, 1896," is hereby repealed, and all pension-certificates issued thereunder are hereby cancelled; nor shall any fact proved, or entry made, or certificate issued thereunder be available for the purposes of this Act, anything in that Act to the contrary notwithstanding. |