Department of Social Welfare Act 1971

Department of Social Welfare Act 1971

Public Act1971 No 60
Date of assent25 November 1971
Note

This Act is administered in the Department of Social Welfare.

Contents

Title

1 Short Title and Commencement

2 Interpretation [Repealed]

Part 1
Department of Social Welfare

3 Department of Social Welfare [Repealed]

4 Functions of Department [Repealed]

5 Powers of Minister [Repealed]

6 Director-General of Social Welfare [Repealed]

6A Deputy Directors-General of Social Welfare [Repealed]

7 Assistant Directors-General of Social Welfare [Repealed]

7A Social Welfare Commission [Repealed]

7B Term of office of members [Repealed]

7C Extraordinary vacancies [Repealed]

7D Presiding member [Repealed]

7E Deputies of members [Repealed]

7F Meetings of Commission [Repealed]

7G Administrative services [Repealed]

7H Fees and travelling allowances [Repealed]

7I Functions of Commission [Repealed]

7J Powers of Commission [Repealed]

7K District Executive Committees and Area Welfare Executive Committees [Repealed]

7L Functions of District Executive Committees and Area Welfare Executive Committees [Repealed]

7M Institution management committees [Repealed]

7N Functions of institution management committees [Repealed]

8 Social Workers [Repealed]

9 Honorary Social Workers [Repealed]

9A Social welfare volunteers [Repealed]

10 Other officers and employees of the Department [Repealed]

11 Delegation of powers by Minister [Repealed]

12 Delegation of powers by Director-General [Repealed]

13 Committees [Repealed]

14 Regulations [Repealed]

Part 2
Amendments to other enactments

Social security

15 Administration of Part 1 of Social Security Act 1964

16 Social Security Commission [Repealed]

17 Acting Commissioners [Repealed]

18 

Family benefits (home ownership)

19 Amendments to Family Benefit (Home Ownership) Act 1964

War pensions

20 Amendments to War Pensions Act 1954 [Repealed]

Child welfare

21 Amendments to Child Welfare Act 1925 [Repealed]

Infants

22 Amendments to Infants Act 1908 [Repealed]

Adoption

23 Amendments to Adoption Act 1955

Maori community development

24 Amendment to Maori Welfare Act 1962 [Repealed]

25 Amendments to Matrimonial Proceedings Act 1963 [Repealed]

26 Amendments to Domestic Proceedings Act 1968 [Repealed]

Guardianship

27 Amendments to Guardianship Act 1968

Parliamentary Commissioner (ombudsman).

28 Amendment to Parliamentary Commissioner (Ombudsman) Act 1962 [Repealed]

State Services

29 Amendments to State Services Act 1962 [Repealed]

Consequential amendments

30 General consequential amendments

An Act to establish a Department of Social Welfare to provide for the development and administration of effective social welfare policies and social welfare services for New Zealand and to promote co-operation in and the co-ordination of social welfare activities

1 Short Title and Commencement

  • (1) This Act may be cited as the Department of Social Welfare Act 1971.

    (2) This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

2 Interpretation

  • [Repealed]

    Commission was inserted, as from 23 June 1987, by section 30(1) Social Security Amendment Act 1987 (1987 No 106).

    Section 2 was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Part 1
Department of Social Welfare

3 Department of Social Welfare

  • [Repealed]

    Sections 3 and 4 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

4 Functions of Department

  • [Repealed]

    Sections 3 and 4 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

5 Powers of Minister

  • [Repealed]

    Section 5 was substituted, as from 23 June 1987, by section 30(2) Social Security Amendment Act 1987 (1987 No 106).

    Section 5 was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

6 Director-General of Social Welfare

  • [Repealed]

    Section 6 was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

6A Deputy Directors-General of Social Welfare

  • [Repealed]

    Section 6A was inserted by section 28 Social Security Amendment Act (No 2) 1985 (1985 No 159).

    Section 6A was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7 Assistant Directors-General of Social Welfare

  • [Repealed]

    Section 7 was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7A Social Welfare Commission

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7B Term of office of members

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7C Extraordinary vacancies

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7D Presiding member

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7E Deputies of members

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7F Meetings of Commission

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7G Administrative services

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7H Fees and travelling allowances

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7I Functions of Commission

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7J Powers of Commission

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7K District Executive Committees and Area Welfare Executive Committees

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7L Functions of District Executive Committees and Area Welfare Executive Committees

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7M Institution management committees

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7N Functions of institution management committees

  • [Repealed]

    Sections 7A to 7N were inserted, as from 23 June 1987, by section 31 Social Security Amendment Act 1987 (1987 No 106).

    Sections 7A to 7N were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

8 Social Workers

  • [Repealed]

    Sections 8 and 9 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

9 Honorary Social Workers

  • [Repealed]

    Sections 8 and 9 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

9A Social welfare volunteers

  • [Repealed]

    Section 9A was inserted, as from 22 October 1981, by section 2 Department of Social Welfare Amendment Act 1981 (1981 No 63).

    Section 9A was repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

10 Other officers and employees of the Department

  • [Repealed]

    Sections 10-14 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

11 Delegation of powers by Minister

  • [Repealed]

    Sections 10-14 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

12 Delegation of powers by Director-General

  • [Repealed]

    Sections 10-14 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

13 Committees

  • [Repealed]

    Sections 10-14 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

14 Regulations

  • [Repealed]

    Sections 10-14 were repealed, as from 1 April 1990, by section 33(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Part 2
Amendments to other enactments

Social security

15 Administration of Part 1 of Social Security Act 1964

  • (1) [Repealed]

    (2) [Repealed]

    (3) [Repealed]

    (4) Section 4 of the Social Security Act 1964 is hereby repealed.

    Section 15(1): repealed, on 1 April 1994, by section 6(a) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 15(2): repealed, on 23 June 1987, by section 2(5) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 15(3): repealed, on 1 April 1990, by section 34(3)(a) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

16 Social Security Commission

  • [Repealed]

    Sections 16 and 17 were repealed, as from 23 June 1987, by section 2(5) Social Security Amendment Act 1987 (1987 No 106).

17 Acting Commissioners

  • [Repealed]

    Sections 16 and 17 were repealed, as from 23 June 1987, by section 2(5) Social Security Amendment Act 1987 (1987 No 106).

18

  • (1) [Repealed]

    (2) [Repealed]

    (3) The said section 124 is hereby further amended by repealing paragraph (b), and substituting the following paragraph:

    • “(b) All other expenditure incurred in the administration of this Act:”

    (4) Section 134 of the Social Security Act 1964 is hereby repealed.

    Subsection (1) was impliedly repealed, as from 23 June 1987, by section 2(5) Social Security Amendment Act 1987 (1987 No 106).

    Subsection (2) was repealed, as from 17 September 1997, by section 24(3)(a) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Family benefits (home ownership)

19 Amendments to Family Benefit (Home Ownership) Act 1964

  • (1) Section 2 of the Family Benefits (Home Ownership) Act 1964 is hereby amended by omitting from the definition of the term Commission, in subsection (1), the words “appointed under”, and substituting the words “established by”.

    (2) The said section 2 is hereby further amended by repealing the definition of the term Department in subsection (1), and substituting the following definition:

    “Department means the Department of Social Welfare established by the Department of Social Welfare Act 1971”

    (3) The said Act is hereby further amended—

    • (a) By omitting from section 4 the words “Social Security Department”, and substituting the words “Department of Social Welfare”:

    • (b) By omitting from section 4, and also from subsection (1) of section 5, the words “Minister of Social Security”, and substituting in each case the words “Minister of Social Welfare”.

War pensions

20 Amendments to War Pensions Act 1954

  • [Repealed]

    Section 20 was repealed, as from 1 October 1998, by section 12(a) Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Child welfare

21 Amendments to Child Welfare Act 1925

  • [Repealed]

    Section 21 was repealed, as from 1 April 1974, by section 109 Children and Young Persons Act 1974 (1974 No 72).

Infants

22 Amendments to Infants Act 1908

  • [Repealed]

    Section 22 was repealed, as from 19 December 1989, by section 2(j) Infants Act Repeal Act 1989 (1989 No 145).

Adoption

23 Amendments to Adoption Act 1955

  • (1) Section 2 of the Adoption Act 1955 is hereby amended by repealing the definition of the term Child Welfare Officer (as inserted by section 2(b) of the Adoption Amendment Act 1962), and inserting, after the definition of the term relative, the following definition:

    “Social worker—

    • “(a) In relation to any application or proposed application by a Maori, whether jointly or singly, for an adoption order in respect of a Maori child, means a Welfare Officer appointed under section 4 of the Maori Welfare Act 1962:

    • “(b) In relation to any other application or proposed application for an adoption order, means a Social Worker under the Department of Social Welfare Act 1971; and includes, where the Court so directs, a Welfare Officer appointed under section 4 of the Maori Welfare Act 1962.”

    (2) [Repealed]

    (3) Section 2 of the Adoption Amendment Act 1962 is hereby consequentially amended by repealing paragraph (b).

    (4) Subject to the foregoing provisions of this section, and unless the context otherwise requires, every reference in the Adoption Act 1955 and its amendments—

    • (a) [Repealed]

    • (b) To a Child Welfare Officer shall hereafter be read as a reference to a Social Worker.

    Subsection (2) was repealed, as from 1 April 1990, by section 36(6) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Subsection (4)(a) was repealed, as from 1 October 1999, by section 14(a) Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Maori community development

24 Amendment to Maori Welfare Act 1962

  • [Repealed]

    Section 24 was impliedly repealed, as from 1 April 1990, by section 230(1) Sale of Liquor Act 1989 (1989 No 63).

25 Amendments to Matrimonial Proceedings Act 1963

  • [Repealed]

    The heading “Matrimonial and Domestic Proceedings” before section 25 was repealed, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94).

    Sections 25 and 26 were repealed, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94).

    “Matrimonial and Domestic Proceedings”: The heading to sections 25 and 26 were repealed, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94).

26 Amendments to Domestic Proceedings Act 1968

  • [Repealed]

    Sections 25 and 26 were repealed, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94).

Guardianship

27 Amendments to Guardianship Act 1968

  • (1) [Repealed]

    (2) [Repealed]

    (3) Subject to the foregoing provisions of this section, and unless the context otherwise requires, every reference in the Guardianship Act—

    • (a) [Repealed]

    • (b) To a Child Welfare Officer shall hereafter be read as a reference to a Social Worker.

    Subsections (1) and (2) were repealed, as from 1 January 1980, by section 3(2) Guardianship Amendment Act 1979 (1979 No 52).

    Subsection (3)(a) was repealed, as from 1 October 1999, by section 14(a) Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Parliamentary Commissioner (ombudsman).

28 Amendment to Parliamentary Commissioner (Ombudsman) Act 1962

  • [Repealed]

    Section 28 was repealed, as from 26 June 1975, by section 33(1) Ombudsmen Act 1975 (1975 No 9).

State Services

29 Amendments to State Services Act 1962

  • [Repealed]

    Subsection (1) was impliedly repealed, as from 1 April 1988, by section 88(1) State Sector Act 1988 (1988 No 20).

    Subsection (2) was repealed, as from 8 August 1973, by section 4(2) State Services Amendment Act 1973.

Consequential amendments

30 General consequential amendments

  • Subject to the foregoing provisions of this Part of this Act, and unless in any case the context otherwise requires, every reference in any enactment, regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of this Act,—

    • (a) [Repealed]

    • (b) [Repealed]

    • (c) [Repealed]

    • (d) To a Child Welfare Officer shall hereafter be read as a reference to a Social Worker.

    Paragraphs (a) to (c) were repealed, as from 1 October 1999, by section 14(a) Department of Child, Youth and Family Services Act 1999 (1999 No 82).