Government set to fight latest legal battle in Agent Orange case (2025)

The High Court is scheduled next month to hear the Wira Gardiner Agent Orange case that is potentially hugely costly to the Crown.

Tā Gardiner, now deceased, claimed in 2021 his glioblastoma brain tumour must be treated as a defence service-related condition due to his exposure to the toxic chemical in Vietnam.

An appeals board late last year agreed.

But the government then counter-appealed over how the law was being interpreted.

That is now due to be heard in a fortnight, on 5 May.

"The court will issue its judgment when it chooses. NZDF has no control over that process, nor knowledge of when that will occur," NZDF told RNZ.

The case sparked a move to change how some military veterans' applications for financial support were assessed, and Veterans' Affairs brought in new processes. But the greater access for claimants did not stick.

"The new processes are likely to mean greater delays in deciding some complex claims.

"Veterans' Affairs has advised veterans of this."

The government considers it could be liable for an extra $3.2 billion in veterans' support.

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