ings and the reasonable cost of board and lodgings estimated at a rate not exceeding twenty-six pounds a year, but shall not include:

(a) Any pension payable under this act; nor

(b) Any payment by way of sick allowance or funeral benefit from any registered friendly society; nor

(c) Any money received by way of charitable relief, not exceeding fifty-two pounds in any year; nor

(d) Any money received from the Gold-miners' Relief Fund pursuant to section sixteen of the Mining Amendment Act, 1910, or from the Coal-miners' Relief Fund, or the Sick and Accident Fund pursuant to section eighty of the Coal-mines Act, 1908; nor

(e) Any money received on the sale or exchange of land or property;

nor

(f) Any money received under an insurance policy on the destruction or damage by fire or otherwise of a building or other property;

nor

(g) Any capital moneys expended for the benefit of the applicant, or for the benefit of his or her wife or husband or dependent children; nor

(h) Any money or money's worth received by an applicant on the intestacy or under the will of the deceased husband or wife of the applicant; nor

(i) Any payment by way of gift or voluntary or other allowance (not exceeding fifty-two pounds in any year) from any relative of the applicant.

"Income year" means the year ending one month before the date on which the pension claim is finally admitted, and at the same time in each subsequent year:

“Minister" means the minister for the time being administering this act: "Prescribed " means prescribed by this act or by regulations thereunder : "Pension year" means in respect of an original pension certificate a period of twelve months commencing on the first day of the month in which the pension claim is established, and in respect of a renewed pension certificate means a period of twelve months commencing on the corresponding day of any subsequent year:

"Widow" includes a woman whose husband is detained in an institution under the Mental Defectives Act, 1911.

Districts and registrars.

3. (1) For the purposes of this act the governor may from time to time divide New Zealand into such districts, with such names and boundaries as he thinks fit.

(2) If any such district is constituted by reference to the boundaries of any other portion of New Zealand as defined by any other act, then any alteration in such boundaries shall take effect in respect of such district without any further proceedings, unless the governor otherwise determines.

4. The governor may from time to time appoint a commissioner of pensions who, subject to the control of the minister, shall have the general administration of this act.

5. The governor may also from time to time appoint in and for every such district a registrar and such other persons as he deems fit.

6. Subject to the provisions of this act, the commissioner and every registrar and other person appointed as aforesaid shall have such powers and duties as

PART II.1

WIDOWS' PENSIONS.

15. Subject to the provisions of this part of this act, every widow who at the commencement of any pension year conforms to the requirements hereinafter set forth shall be entitled to receive during that year a pension at the rate hereinafter provided.

16. No widow shall be entitled to a pension unless she is resident in New Zealand, and has a child or children to whom this part of this act is applicable. For the purposes of this part of this act the term "child" includes a stepchild or a child legally adopted during the lifetime of the husband of the applicant. 17. This part of this act shall not apply to

(a) Any child over the age of fourteen years.

(b) Any illegitimate child, unless after the birth of the child its parents have intermarried.

(c) Any child born out of New Zealand unless its mother was only temporarily absent from New Zealand at the time of its birth, or unless its mother has continuously resided in New Zealand for not less than ten years immediately preceding the date of an application for a pension: Provided, That continuous residence in New Zealand shall not be deemed to have been interrupted by occasional absences therefrom if she establishes the fact that during such absences her family or home was in New Zealand.

18. No. widow shall be entitled to a pension under this part of this act— (a) If she has at any time, whether before or after the coming into operation of this act, deprived herself directly or indirectly of property or income in order to qualify for a pension, or in order to increase the pension to which she would otherwise be entitled;

nor

(b) Unless the magistrate to whom the application for a pension certificate is made is satisfied that she is of sober habits and of good moral character, and that the pension will be properly used for the support of her children.

19. (1) A pension under this part of this act shall be payable at the following rates, subject to the deductions hereinafter provided:

(a) If the widow has one child to whom this part of this act applies the pension shall amount to twelve pounds a year.

"(b) For each additional child to whom this part of this act applies the pension shall be increased by six pounds a year." (Ł6 per annum

additional for each child provided for period of the war and 12 months thereafter by Finance Act, 1917.)2

(2) Each of the foregoing rates of pension shall be subject to a deduction of one pound for every pound by which the annual income of the widow and her children as aforesaid, after deducting personal earnings to an amount not exceeding one hundred pounds, exceeds the sum of thirty pounds.

20. (1) If a widow or any of her children to whom this part of this act applies is the owner of any property which produces no income, or which produces an income less than five per centum per annum of the value of that property, the widow or child shall, for the purposes of this part of this act, be

1 Part 1 (secs. 7-14) relates to old age pensions. Section 9 provides for an additional pension of not exceeding thirteen pounds per annum where children under fourteen are dependent on pensioner.

deemed to be in receipt from that property of an annual income equal to five per centum of the value thereof after deducting the value of any property upon which the widow and her children permanently reside, not exceeding the sum of three hundred and forty pounds, and also the value of any furniture and other personal effects.

(2) In estimating, for the purposes of the last preceding subsection, the value of property upon which a widow and her children permanently reside, the value shall not be deemed to exceed the capital value of that property as appearing on the district valuation roll under the Valuation of Land Act, 1908, at the date of the establishment of the applicant's original claim.

(3) If a widow or any of her children to whom this part of this act applies is in receipt of any income which is partly derived from property and is partly personal earnings in respect of that property, the magistrate to whom the application for a pension certificate is made shall apportion that income in such manner as he thinks just between the income derived from such property and such personal earnings.

21. In case of the death of the pensioner, the guardian or other person for the time being having the care or control of her children to whom this part of this act applies shall, with the approval of the commissioner, be entitled to receive the pension to which the widow would have been entitled in respect of her children if she had lived.

22. The right to a pension or the amount of a pension shall not be affected during any pension year by reason merely of the fact that any child of the pensioner has within that year attained the age of fourteen years, or by reason merely of the death of any child of the pensioner.

PART IV.1

MISCELLANEOUS.

27. Where an applicant, or the wife or husband of an applicant, for a pension or for the renewal of a pension under Part I hereof is at the date of application entitled to received from any source periodical payments, by way of personal earnings or otherwise, for his or her own use or benefit, or where an applicant for a pension or for the renewal of a pension under Part II hereof is at the date of application entitled to receive from any source any such payments for her own use or benefit, or for the use or benefit of any of her children to whom the said Part II applies, such moneys shall be included in the computation of the income of the applicant, although no part thereof may have been actually received by the applicant or by the wife or husband of the applicant, as the case may be.

28. With respect to every pension under this act the following provisions shall apply:

(a) The pension shall be deemed to commence on the date named in that behalf in the magistrate's certificate issued in respect of the first year's pension, being in every case the first day of the month within which that certificate is issued: Provided, That no old-age pension shall be deemed to commence on a date prior to that on which the applicant reached the age of fifty-five, sixty, or sixty-five years, as the case may be.

(b) Each year's pension shall be payable pursuant to a pension-certificate issued in respect of such year, and not otherwise.

1 Part 3 (secs. 23-26) relates to military pensions.

(c) Such certificate shall in every case specify the amount of the year's pension, and the instalments by which it is payable, being twelve equal monthly instalments. The first such instalment shall be payable on the first day of the month next after the commencement of the year, and subsequent instalments shall be payable on the first day of each succeeding month thereafter: Provided, That an instalment payable on the first day of January in any year may be paid at any time not earlier than the twenty-third day of December preceding the due date. (d) Except as hereinafter provided, the rate of each year's pension shall not vary during the year.

Pension claims and pension certificates.

29. (1) Every person claiming to be entitled to a pension under Part I or Part II of this act shall, in the prescribed manner and form, deliver a claim therefor (elsewhere throughout this act called a "pension claim") to the registrar of the district wherein the claimant resides.

(2) The pension claim shall affirm all the requirements and negative all the disqualifications under this act.

(3) Every claimant shall, by statutory declaration, affirm that the contents of his pension claim are true and correct in every material point.

30. (1) The registrar shall, in the prescribed manner, transmit the claim to a magistrate exercising jurisdiction in the district.

(2) The registrar shall thereupon ascertain on what date the claim may be investigated, and shall notify the claimant of a date on which he may attend to support his claim.

(3) The magistrate shall on the date so fixed, or on the first convenient day thereafter, proceed in chambers to fully investigate the claim for the purpose of ascertaining whether the claimant is entitled to a pension, and, if so, for what amount in respect of the first year.

(4) The registrar, or some person appointed by him, shall have the right to appear at the hearing and to examine or cross-examine the applicant and the witnesses.

(5) The hearing may from time to time be adjourned by the magistrate at the request of the registrar.

31. Where the magistrate is satisfied that the documentary evidence in support of the claim is sufficient to establish it, and also that by reason of physical disability or other sufficient cause the attendance of the applicant should be dispensed with, he shall not require the personal attendance of the applicant, who shall be notified accordingly.

32. (1) For the purposes of such investigation all the powers under the Magistrates' Courts Act, 1908, shall be available for the purpose of compelling the attendance of witnesses, and every witness shall be examined on oath. (2) It shall be the duty of every person to make true answers to all questions concerning any applicant for a pension, or any of the statements contained in any application for a pension, put to him by the registrar or any officer authorized in that behalf by the registrar.

(3) Every person commits an offence who

(a) Refuses to answer any such question; or

(b) Makes any answer knowing the same to be untrue.

(4) This section shall apply to any officer of any bank or other corporation carrying on business in New Zealand, and to any officer of the post-office savings bank, or of any other government department which receives investments of

33. No pension-claim shall be admitted unless the evidence of the claimant is corroborated on all material points, except that in respect of the age of the claimant the magistrate, if otherwise satisfied, may dispense with corroborative evidence.

34. The 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 registrar.

35. (1) If the 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 magistrate is satisfied shali 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.

(2) If the magistrate decides that the pension-claim is not established, and can not 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, unproved, or insufficiently proved.

36. (1) If the magistrate is of opinion that any fraudulent misrepresentation has been made by the applicant for a pension with the intention of obtaining a pension to which he was not by law entitled, or a higher rate of pension than that to which he was by law entitled, then, in addition to any penalty incurred under this act by the applicant, the magistrate shall refuse the application, and may by order declare that the applicant shall not be entitled to make a fresh application for such period, not exceeding twelve months, as the magistrate thinks fit.

(2) If the magistrate finds that any real or personal property has been transferred to any other person by the applicant, or by the wife or husband of the applicant, he may inquire into such transfer, and refuse the application or grant a reduced pension. A disposition by will of any real or personal property shall be deemed to be a transfer of such property for the purposes of this section.

37. (1) In investigating any claim for a pension, the 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.

(2) In disposing of material points against the claimant, the magistrate shall distinguish between what he finds to be disproved and what he finds to be simply unproved or insufficiently proved.

(3 In respect of what is found to be disproved, the magistrate's decision shall be final and conclusive for all purposes.

(4) 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 magistrate, and in such case all material points preyiously found by the 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. 38. The pension claim may be amended from time to time on any point which has not been finally disposed of.

39. As soon as the pension claim is established, and the rate of the first year's pension is fixed by the magistrate, he shall, in the prescribed manner, certify the same to the commissioner, who shall, in the prescribed manner and form, issue to the claimant a certificate (elsewhere throughout this act called a