C22/2010 Presumption that certain members of the New Zealand Defence Force incurred danger during the Vietnam conflict

Amends DI No.

N/A

Replaces DI No.

N/A

Purpose

The purpose of this Instruction is to provide guidance on the treatment of claims for qualifying service by members of the New Zealand Defence Force who served in the Vietnam conflict.

Background

The Repatriation Commission decided at its meeting on 3 June 2010 that certain members of the New Zealand Defence Force (NZDF) can be presumed to have incurred danger from hostile forces of the enemy during their service in the Vietnam conflict. This presumption will allow individuals to meet the requirements for having rendered qualifying service under the Veterans' Entitlements Act 1986 (VEA) without the need to prove on a case-by-case basis that they incurred danger.

The Repatriation Commission's decision is CM6369.

Legislation

The VEA, under s 7A(1)(b)(i), considers that a person who as a member of a defence force established by a Commonwealth rendered qualifying service if they served in a war or war-like operations in which Australian forces were engaged, providing they “... incurred danger from hostile forces of the enemy...”.

Instruction

The Commission agreed that members of certain NZDF units which were closely integrated with Australian units that were allotted for duty and individuals who were formally attached to Australian units that were allotted for duty can be presumed to have incurred danger as required under s 7A(1)(b)(i).

New Zealand Army units attached to Australian units

As advised by the Department of Defence, the following New Ze — alan — d Army units are considered to have been closely integrated with an Australian unit that was allotted for duty:

• 161 Battery, Royal New Zealand Artillery

July 1965 – May 1971

• V (Victor) Company, 1st Battalion Royal New Zealand Infantry Regiment

May 1967 – December 1971

• W (Whiskey) Company, 1st Battalion Royal New Zealand Infantry Regiment

December 1967 – November 1970

• No. 4 Troop, Special Air Service Squadron

December 1968 – February 1971

Royal New Zealand Air Force and Royal New Zealand Navy

No units of the Royal New Ze — alan — d Navy or Royal New Ze — alan — d Air Force are considered to have been closely integrated with an Australian unit. Claimants from these two services who cannot provide evidence of formal attachment to an Australian unit will need to demonstrate that they incurred danger from hostile forces of the enemy.

Attachments on an individual basis

We have been advised that a number of individuals from all three NZDF services were attached to Australian units that were allotted for duty, and any individual NZDF member who was formally attached to such an Australian unit (of any of the three services) ca — n be presumed to have incurred danger as required under s 7A(1)(b)(i).

Contact

The contact officer for this initiative is Martin Page, Liability & Service Eligibility, on 16309.