In a 2018 interview with Stuff, Defence Minister Ron Mark became emotional when speaking about George and Damien Nepata, who are victims of peacetime accidents during army exercises.

An emotional Defence Minister Ron Mark has admitted misgivings about advice he received from the Defence Force over the treatment of two brothers left permanently scarred in peacetime accidents.

George Nepata was made a tetraplegic and Damien Nepata suffered burns to 40 per cent of his body in separate army exercises five years apart.

The brothers have been through a series of select committee, Waitangi Tribunal and military inquiries seeking an acknowledgement from the Defence Force for their part in the accidents. They are also seeking an ex gratia payment from the Government, which has been twice recommended by select committees only to be refused by successive Labour and National-led governments.

READ MORE: The Battle of Nepata: A Stuff investigation

As a NZ First MP, Mark encouraged the men's petition for compensation. As Defence Minister, he sought fresh advice on the case.

A Stuff investigation has revealed significant gaps in the information he was provided.

The Defence Force has always maintained the brothers received all they were legally entitled to, including full pay until they were discharged from the army and ACC payments at 80 per cent of their salary.

However, for years George Nepata was underpaid because the figure used for his salary did not include any of the overseas allowances he was receiving at the time of his accident in Singapore. After years of battling ACC over the error, Nepata was finally given back pay in August 2014.

The back payment was not included in the briefing given to Mark by the NZDF.

Mark also learned for the first time via Stuff key details about the Scorpion tank involved in Damien Nepata's 1994 accident. He said he had not been aware the Scorpion fleet being used at the time of Damien's accident was being phased out of service.

JOE JOHNSON/STUFF Defence Minister Ron Mark choked up in an interview with Stuff about the Nepata brothers' case.

"I'm still not entirely comfortable I have all the information to accept the sorts of recommendations that have been put to me, which is exactly the same advice put to the previous two governments," Mark said.

He was going back to the Defence Force with more questions.

"I still need to be satisfied the advice I'm receiving or that previous governments have received is advice that stands all scrutiny."

Joseph Johnson/Stuff Damien Nepata is concerned the defence minister may not receive all the information he needs for the inquiry.

Damien Nepata said it was obvious the Defence Force was leaving out information in its advice to the minister.

"I am concerned they aren't giving him all the information he needs or wants," he said.

Joseph Johnson/Stuff George Nepata was permanently disabled when his neck was broken during an army exercise, the minister says should never have happened.

George Nepata said it showed the NZDF "can't be trusted."

The NZDF declined to be interviewed about the case. A spokesperson said: "The Nepata brothers' compensation claims are a matter for the Government and the NZDF has no comment to make."

EMOTIONS SPILL OVER

In an emotional interview with Stuff, Mark said the case was "unfortunate for the reputation of the defence force."

"It's unfortunate for them as a family," he added, before becoming teary-eyed.

"The person I think of the most is their mum having to bare the responsibility of two of your sons for that length of time, both severely injured, that was no small task."

NEPATA FAMILY George Nepata in Singapore, where he broke his neck during an obstacle course exercise.

In 1989, George Nepata was left a tetraplegic after he smashed two vertebrae when he was dropped 3-4 metres onto his neck during a stretcher exercise on an obstacle course in Singapore.

"I struggle to understand why whoever was in charge of that exercise permitted it to go ahead - I struggle with that," Mark said. "I said that then, I still struggle with that today."

NEPATA FAMILY Damien Nepata was in Armoured Vehicle Corp when his Scorpion tank flipped and exploded.

In 1994, Damien Nepata was burnt alive when the tank he was driving on an exercise near Waiouru flipped and exploded. His friend, crew commander Barry Hemopo, father of All Black Jackson Hemopo, died in the fire.

In a 2009 book, the Scorpion was described by the now deceased Major General Piers Reid as a "disastrous vehicle," which should never have been purchased. Three soldiers were killed in Scorpion tank accidents in 1990, 1991 and in the 1994 accident involving Damien Nepata. The tanks were decommissioned four years later.

"That's one of the unique things about working in defence is that you just do what you're told to do," Damien Nepata said.

"They hand you the equipment and that's what you've got. Even if you'd said look these things are death traps I'm not driving that, they'll just court martial you."

ROSS GIBLIN/STUFF Damien Nepata and George Nepata on screen, appear at a select committee hearing in 2003. They appeared before three in 12 years, two recommended compensation but it was rejected twice.

In 1996, Mark encouraged the brothers' petition to Parliament for compensation against the defence force. Two years later, the men appeared before the Foreign Affairs, Defence and Trade select committee. Mark represented NZ First on the committee and supported the claim, which failed. Two subsequent select committees recommended compensation but the Clark and Key Governments both rejected ex-gratia payments after the Crown Law Office said there was no legal obligation to do so.

"I had concerns back in the days when I sat on the select committee," Mark said.

"NZ First still has concerns."

Mark said he could not guarantee the brothers would get any compensation or a public apology. It could take months or years before he could take a fresh proposal to Cabinet.

"Hopefully with all of this new information coming to light I'm hoping he may convince them," George Nepata said.

"Otherwise I'll be very disappointed. It will hurt."