08 January 2006Copyright, Victor R Johnson Presentation Purpose The purpose of this presentation is...

08 January 2006 Copyright, Victor R Johnson

Presentation Purpose

The purpose of this presentation is to gain objective views from those persons present for input to the Discussion Forum being hosted in Wellington by RNZRSA on 18-19 January 2007.

Agent Orange and Vietnam VeteransPost-Health Select Committee Report

The JWG submitted a report to Government, after meeting with veterans and families.

A Joint Working Group was formed following the Health Select Committee Hearing on Vietnam Veteran issues.

Consultation then occurred between Govt representatives and members of the JWG, who were also executive members of RNZRSA and EVSA.

The consultation outcomes were defined in a Memorandum of Understanding. There is not a unanimous accord about the final results.

The question begging an answer is:

Given inputs to the Health Select Committee Hearings and the JWG process, why are the outcomes so remote from the original needs?


Memorandum of Understanding

The lead-in statement to the Memorandum of Understanding is that the inquiry raised serious issues about the health care of Veterans and made various recommendations to address those issues.

As a result of the Health Select Committee’s report and representation from the Veterans Associations, the Government agreed the establishment of a Joint Working Group [JWG] to consider certain issues concerning veterans…


Memorandum of Understanding

Clause 2. Status, Apology & Acknowledgement

2.1 The Veterans Associations confirm to the Crown that they have negotiated and signed this Memorandum on behalf of their members and that they have the mandate to do so. However, the signing of this Memorandum is without prejudice to the right of any individuals against any person.


Memorandum of UnderstandingKey Point -1

Apology and acknowledgement

• A formal public apology to Viet Nam Veterans and their families.


Memorandum of UnderstandingKey Point - 2

Reeves and McLeod reports

• Acknowledge the Reeves (1999) and McLeod (2001) reports were based on flawed assumptions and do not inform current government policy or decisions.



Welcome Home Ceremony:

• New Zealand Defence Force to host parade and welcome home ceremony.

• Formal Statement by NZDF acknowledging role played by Veterans, the treatment they received on return to New Zealand, and the sacrifice of those Veterans killed in Viet Nam.



Oral History Programme:

• Funding through Ministry of Culture and Heritage for an oral history programme beginning in 2007 to record accounts of the experiences of Viet Nam Veterans.



Increased Medallic Recognition:

• Recommend to Her Majesty the Queen that approval be granted for acceptance and wear of South Vietnamese gallantry awards given to New Zealanders.

• A Review of the Theatre Honours awarded to the 1 RNZIR Battalion to encompass the tours of duty by V5 and V6 rifle companies.

• The Crown will sympathetically consider medallic recognition for Vietnam veterans based on the submission of the RSA to extend eligibility of the NZ General Service Medal [1992] Warlike with clasp ‘VIETNAM’ to those veterans who are currently eligible for the Vietnam medal 1964.



Ex Gratia Payments For Viet Nam Veterans:

• Ex-gratia payment of $40,000 for Veterans suffering a prescribed condition.

• Ex-gratia payment of $25,000 for spouse or partner of Veteran who has died as a result of prescribed condition.



War Disablement Pensions:

• All Veterans, of any conflict, diagnosed with a terminal illness which is a result of operational service will receive pension equal to 160% of current War Disablement Pension.

• Substantial and substantive review of War Pensions Act to provide improved service delivery for all Veterans.

• Expert panel established to advise Crown on rates, types and eligibility criteria of war pensions.



Expert Panel: • The Crown will establish the Expert Panel. The first priority

being to assess and recommend appropriate rates of pensions, and any subsequent entitlements for Viet Nam veterans suffering from a Prescribed Condition and for Viet Nam veterans suffering from a condition on the NAS Institute of Medicine [IOM] ‘limited or suggestive evidence list’. The IOM ‘limited or suggestive evidence list’ as at the date of execution of the memorandum is on the next slide.

• The Expert Panel will focus on creating uniform standards and criteria to ensure that all Veterans with equal degrees of disability are treated fairly and consistently.

• Any changes to the War Disablement Pension rates for specific conditions arising from the recommendations of the Expert Panel will be back-dated to the date of diagnosis and/or appropriate milestones identified by the Expert Panel, where a range of rates are recommended for any single condition.


Memorandum of UnderstandingSchedule 1

Prescribed Conditions:

• Chronic lymphocytic leukaemia• Soft tissue sarcoma• Non-Hodgkin’s lymphoma• Hodgkin's disease• Chloracne



Five Accepted Conditions:

• Spina bifida• Cleft lip• Cleft palate• Acute myeloid leukaemia• Adrenal gland cancer



Limited or Suggested Evidence of an Association:

• Respiratory cancer [of lung or bronchus, larynx and trachea• Prostatic cancer• Multiple myeloma• Acute and subacute transient peripheral neuropathy• Porphyria cutanea tarda• Type 2 diabetes• Spina bifida in natural children of Viet Nam veterans



Programme For Children Of Viet Nam Veterans:

• Ex-gratia payment up to $30,000 to each child who suffers from any of five accepted conditions.

• Ex-gratia payment of $30,000 to each family who has lost a child to one of five accepted conditions.

• Review of services for children and grand-children of Viet Nam Veterans in other countries.



Ongoing Research:

• Crown will access, monitor and where appropriate sponsor research into the intergenerational effects of dioxins.



EVSA Youth Development Trust:

• One off grant of $250,000 to EVSA Youth Development Trust which assists children of Viet Nam Veterans.



Veterans' Card:

• Card issued to all Viet Nam Veterans to allow easy identification by medical professionals.

• Children and grand children of Viet Nam Veterans to received similar card.



National Register:

• Crown to establish a national register of Viet Nam Veterans and their children and grandchildren.



Provision Of Information:

• Veterans' Affairs New Zealand to make available to Veteran groups and health professionals medical information to assist with treatments and diagnosis.

• Crown to work with Veteran's Homes to establish centres of excellence for information on and treatment of conditions prevalent amongst veterans.



Veterans' Affairs New Zealand Review :

• Review of all aspects of operations of Veterans' Affairs New Zealand.



Medical Assessments:

• Viet Nam Veterans funded for a one off comprehensive medical examination and a specialist visit.



Trust Fund For Viet Nam Veterans And Families :

• Crown endowment of $7 million to create trust fund to provide assistance to Veterans and families.

• Interest from endowment sum will provide for ex-gratia payments to be administered by trustees.

• Exact status, form and criteria of trust yet to determined.



Joint Implementation Group:

• Joint Implementation Group [JIG] representing wide range of agencies will oversee implementation of measures announced today

• JIG will convene in early 2007

• Membership not yet determined


Memorandum of UnderstandingKey Point - Terms

Prescribed Condition:

The term 'prescribed conditions' refers to conditions on the United States Academy of Sciences Institute of Medicine "Sufficient evidence of an association with exposure to Agent Orange" list:

• Chronic lymphocytic leukaemia • Soft tissue sarcoma• Non-Hodgkin's lymphoma• Hodgkin's disease• Chloracne


Service-related ConditionsAccepted in Australia & USA,

omitted in New Zealand:

o Chronic lymphocytic leukemiao Soft tissue sarcomao Non-Hodgkin's lymphomao Hodgkin's diseaseo Chloracne.o Porphyria cutanea tarda,o Multiple myeloma,o Certain respiratory cancers (of the lung, bronchus,

larynx, or trachea)o prostate cancer and acute and subacute peripheral

neuropathyo Diabetes Type 2


Memorandum of UnderstandingKey Point - Terms

The five "currently accepted conditions" are:

• Spina bifida, • Cleft lip, • Cleft palate, • Acute myeloid leukaemia• Adrenal gland cancer


Memorandum of UnderstandingKey Point – Concerns

Non-prescribed or currently accepted condition:

A statement appended to the press release by Ministers Goff and Barker dated 8 December 2007, reads.

• Some reporting on this package have caused concern amongst Viet Nam veterans and their families who do not have a prescribed or currently accepted condition. A trust fund has been established to provide flexibility is such cases. More information is at website:

http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=28015

• Explanation from the website is provided in the next slide.


Memorandum of UnderstandingKey Point – Trust

Non-prescribed or currently accepted condition:"For those suffering serious difficulties but whose conditions are not on the United States Academy of Science Institute of Medicine 'sufficient evidence of association' list, a trust has been set up which will have the flexibility to provide assistance.

"The trust will be run by the veterans' organisations and will be able to make discretionary payments to Viet Nam veterans, widows, children and grandchildren. The trust was not a recommendation of the Joint Working Group, but an outcome of subsequent negotiations between the veterans' organisations and the Government.

"The sole intention of the trust is to provide flexibility where there is no scientifically proven link," said Rick Barker.

The trust will have a Crown endowment of $7million and will exist for 30 years, after which the endowment will be returned to the Crown. Interest from trust is expected to provide $500,000 a year for the trustees to administer. A Joint Implementation Group representing wide range of agencies will convene in early 2007 to determine the exact status, form and criteria of the trust.


RNZRSA’s Explanation of Memorandum of Understanding

Not a full and final document - it provides a basis for:

Source: John CampbellNational President, RNZRSA

31 December 2006

• Implementation of Memorandum of Understanding• Further development to the agreements reached• Incorporates scope for further enhancements to

treatment and care of veterans and their families.

Key to creating maximum benefit from MoU is how effectively implementation of its various provisions are conducted, and how the maximum potential is drawn from the Government related to its agreed position


Legal Opinion on Binding of Signatory Parties Financial Members

o A preliminary legal opinion regarding the MoU is that EVSA & RNZRSA have no mandate whatsoever to bind any member of their respective organisations to any commitment without the member agreeing or the member waiving such right.

o The broad rationale being effectively rooted in contract principles of natural justice [the right to be heard] and informed consent. Clearly the government had the right to choose the agency to which it wished to bargain or negotiate.

o However in any form of discussion or negotiation there is a fundamental step prior to ratification and that involves disclosure, discussion etc with the membership to effectively secure a mandate or approval to accept a proposition.

o The legal counsel’s respectful opinion is that EVSA & RNZRSA have neither authority nor status to bind its financial members to the arrangement recently concluded.


Discussion Forum Main Objective

The objective of the Discussion forum is to provide RNZRSA and EVSA with views, opinions and input from a range of sources to assist in developing effective plans of action to harness the full potential of the MoU provisions.

RNZRSA believes it is essential to hold this forum as soon as possible - before Government Departments proceed on a course of action that could be detrimental to us - and before the Joint Implementation Group (JIG) begins its work.


Geoff Monks 1 ATF, 68/69 George Mathew NZ, 1971

John Masters 161 Bty, 70/71 Chris Mullane V6, 1971

Victor Johnson V3, 68/69 Terry Culley SAS

Gary Corkin 1 ALSG Geoff Braybrooke Svces Med, 68/69

Rick Thame NZ Rob Munro 1 ATF, 70/71

Elizabeth Lancaster SME Hank Emery V1, 67; V6, 71

Gavin Nicol V5, 70/71 Evan McKenzie W2, 68/69

Baden Ewart NZ, 71/72 John Campbell 1 ALSG

Robin Klitscher RNZAF

Discussion Forum Participants

SME: Subject Matter Expert


Income Tax Whilst on Active Service

Vietnam veterans were effectively paying for their ammunition, rations, and accommodation by being fully taxed on income on active service. Service personnel from Australia and the United States for example, were not taxed on income whilst in Vietnam.

This issue was not accepted by the Crown


Earnings-related Income

Reference: Crown Proceedings Act, Section 9 Crown not liable to pay compensation or damages for death or disablement of members of New Zealand armed forces where pension may be claimed

This issue was not presented to the Crown

A citizen is entitled by law to 80% of earnings-related income if injured and incapable of working.

Former service personnel injured pre-1974 are precluded from earnings-related income whilst incapable or working because the ACC Act excludes them due to the War Pensions Act. Consequently a Vietnam veteran incapable of earning an income because of suffering from abnormal health diseases and disorders due to military service receives no earnings related income. A war disability pension is not regarded by law as earnings, yet, by default it has become regarded as a defacto income


End

08 January 2006Copyright, Victor R Johnson Presentation Purpose The purpose of this presentation is...

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