The Veterans’ Entitlements Appeal Board Decision in the case of Tā Harawira Gardiner

In 2021, Tā Harawira Gardiner submitted a claim to Veterans' Affairs, which was declined because his condition was not considered to be service-related.

Tā Harawira made an appeal to the Veterans' Entitlement Board (VEAB), and the Board decided that his glioblastoma must be treated as service-related.

The Crown appealed this decision to the High Court. The presiding Judge asked the VEAB to consider the claim again, taking into account the guidance she provided to them on the law.

The VEAB issued its final decision in October 2024. They confirmed that the glioblastoma must be treated as service-related.

Veterans’ Affairs will be appealing the VEAB decision. The appeal is being made to seek clarification from the High Court about how the Veterans' Support Act 2014 should be interpreted. In the meantime, Veterans’ Affairs has updated and implemented new procedures to reflect the VEAB decision. There are new requirements for assessing applications and they are likely to mean greater delays for those veterans who submit more complex claims.

Veterans’ Affairs is continuing to process claims so please put in your application – we want to help you. For more information please check out our website at www.va.mil.nz/veab/decisions/gardiner