Veterans Minister Chris Penk.
Photo: NICK MONRO / RNZ
The government is considering changing veterans support laws, after a High Court ruling lowered the threshold for returned service people to get help.
A group supporting New Zealand veterans is concerned those legislative amendments would override court decisions showing Veterans Affairs NZ (VANZ) has been unlawfully restricting veterans’ access to support to avoid a $3.2 billion liability.
The acting head of Veterans’ Affairs says they “categorically reject” the criticisms raised in the letter.
The group ‘No Duff’ has written to all Members of Parliament, seeking assurances they will vote against any potential amendments that restrict veterans’ rights.
The charitable trust is worried this would “destroy” veteran engagement and damage defence force recruitment at a time when both are critically needed.
The letter said the country was losing an entire generation of veterans to a “broken support system”, with less than 10 percent of contemporary veterans engaging with VANZ support services – “the lowest rate in the Western world” it stated.
It referenced a High Court ruling from August that found VANZ interpretation of the Veterans’ Support Act “appears to be the very opposite of benevolence and instead appears to be about resources”.
This was a precedent-setting case between VANZ and Tā Wira Gardiner, and previous decisions were made under the interpretation of the law that applied before this ruling.
“This is now the second time the High Court has rejected VANZ’s restrictive interpretation of the Veterans Support Act 2014, but this case reveals far more than a legal dispute” said No Duff.
“It exposes deep systemic problems in how New Zealand treats its veterans, problems that are driving both historical and contemporary veterans away from support, and reducing what should be earned entitlements to grudging welfare handouts.”
Veterans Minister Chris Penk said he had confidence in VANZ and the professionalism of its staff, and that it would apply the law in line with the new ruling.
“The Veterans’ Support Act has been applied consistently since 2014 and it was appropriate to seek judicial clarification of its interpretation,” he said. “The recent court decision has fundamentally changed how cases are assessed and Veterans’ Affairs is now applying the law in line with that ruling.”
Penk said he had received advice on the implications of the judgment and the government was still considering whether further legislative clarification was needed regarding its implications.
“Achieving a clear and consistent understanding of the law is in the long-term interests of all veterans,” he said.
VANZ has been approached for comment.
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