The late Tā Wira Gardiner. Photo: Oranga Tamariki
Former National Cabinet Minister Hekia Parata has condemned Veterans' Affairs for its treatment of her late husband, Tā (Sir) Wira Gardiner.
In 2021, Tā Wira claimed his glioblastoma brain tumour was a defence service-related condition due to his exposure to the toxic chemical Agent Orange in Vietnam, where he served as a Platoon Commander in 1970.
Tā Wira, who held some of the most senior roles in the public service, died in 2022.
Veterans Affairs (VA) - a unit of the Defence Force charged with providing support to those who have served in the Armed Forces - rejected the claim and appealed it seven times in total.
"I think that's bullying rather than trying to clarify whether or not they've made the right decision because seven times they were told they had not," Parata told Nine to Noon.
Its decision was twice overturned by an appeal body, and then twice by the High Court, over four years.
The most recent High Court ruling, issued in August, found VA appeared to be prioritizing cost over care.
Parata said her whānau has spent years fighting the very agency that is supposed to be supporting service men and women.
"Veterans are entitled to expect that they will be looked after because they have been put in harms way by their government and they have carried out their service," Parata said.
"So, to me it is a basic social contract that needs to be honoured and VA needs to be focused on how does that get honoured, rather than how do we minimise cost."
Parata said she has been concerned that the approach by VA has been driven by liability management.
However, VA said benevolence is fundamental to the way it operates.
"We are always conscious of our responsibilities to veterans and their whānau to facilitate their care when they have suffered as a result of their service to New Zealand. We try, wherever possible, to minimise the burden on veterans in establishing claims, and to ensure that decisions that we make are fair, equitable, and consistent," VA acting head Alex Brunt said in a statement.
Brunt said VA works to ensure fair, consistent, and where possible, positive outcomes to claims.
Parata said Tā Wira's latest appeal was upheld, forcing Veterans Affairs to apply the law with more benevolence, opening access to more former service people.
She said this case was not about money, but making a path for others.
"I am hopeful that no other veteran has to relitigate what has now been established by two High Court judgements and three veteran appeal boards - it's clear now," Parata said.
However, veterans' lobby group No Duff is concerned the government will make it harder for veterans to make claims in response to the recent findings.
No Duff co-founder Aaron Wood told Nine to Noon thousands of veterans who have been previously been denied would now be eligible for support.
"We will certainly be encouraging everyone who is eligible to reapply for their service-related issues," Wood said.
No Duff wrote to all Members of Parliament last month, seeking assurances they will vote against any potential amendments that restrict veterans' rights.
"If you want to stand there on ANZAC Day with a few hundred-thousand other New Zealanders and talk about remembering veterans and talk about expanding the New Zealand Defence Force... Then you've got to stand by what happens to those veterans when they come back," Wood said.
Minister for Veterans, Chris Penk, said he has confidence in VA.
"The Veterans' Support Act has been applied consistently since 2014, and it was appropriate to seek a judicial view of its interpretation. The view of the court expressed recently would fundamentally change how cases are assessed. Since the decision was notified, Veterans Affairs has been applying the law in line with that ruling," he said.
Minister for Veterans Chris Penk. Photo: NICK MONRO / RNZ
"Legal proceedings can be difficult for those involved, and I acknowledge the impact this case may have had. However, achieving a clear and consistent understanding of the law is in the long-term interests of all veterans."
Penk said he has received advice on the implications of the judgement, including whether any legislative clarification may be needed and the government was carefully considering its response.
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