Department of Social Welfare Act 1971

Reprint
as at 1 October 1999

Coat of Arms of New Zealand

Department of Social Welfare Act 1971

Public Act1971 No 60
Date of assent25 November 1971
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Social Development.


Contents

Title

1 Short Title and commencement

2 Interpretation [Repealed]

Part 1
Department of Social Welfare

[Repealed]

3 Department of Social Welfare [Repealed]

4 Functions of department [Repealed]

5 Powers of Minister [Repealed]

6 Director-General of Social Welfare [Repealed]

6A Deputy Directors-General of Social Welfare [Repealed]

7 Assistant Directors-General of Social Welfare [Repealed]

7A Social Welfare Commission [Repealed]

7B Term of office of members [Repealed]

7C Extraordinary vacancies [Repealed]

7D Presiding member [Repealed]

7E Deputies of members [Repealed]

7F Meetings of Commission [Repealed]

7G Administrative services [Repealed]

7H Fees and travelling allowances [Repealed]

7I Functions of Commission [Repealed]

7J Powers of Commission [Repealed]

7K District Executive Committees and Area Welfare Executive Committees [Repealed]

7L Functions of District Executive Committees and Area Welfare Executive Committees [Repealed]

7M Institution management committees [Repealed]

7N Functions of institution management committees [Repealed]

8 Social workers [Repealed]

9 Honorary social workers [Repealed]

9A Social welfare volunteers [Repealed]

10 Other officers and employees of the department [Repealed]

11 Delegation of powers by Minister [Repealed]

12 Delegation of powers by Director-General [Repealed]

13 Committees [Repealed]

14 Regulations [Repealed]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16 Social Security Commission [Repealed]

17 Acting Commissioners [Repealed]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 Consequential amendments

Family benefits (home ownership)

19 Amendments to Family Benefits (Home Ownership) Act 1964

War pensions

[Repealed]

20 Amendments to War Pensions Act 1954 [Repealed]

Child welfare

[Repealed]

21 Amendments to Child Welfare Act 1925 [Repealed]

Infants

[Repealed]

22 Amendments to Infants Act 1908 [Repealed]

Adoption

23 Amendments to Adoption Act 1955

Maori welfare

24 Amendment to Maori Welfare Act 1962

Matrimonial proceedings

[Repealed]

25 Amendments to Matrimonial Proceedings Act 1963 [Repealed]

Domestic proceedings

[Repealed]

26 Amendments to Domestic Proceedings Act 1968 [Repealed]

Guardianship

27 Amendments to Guardianship Act 1968

Parliamentary Commissioner (Ombudsman)

[Repealed]

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

State services

29 Amendments to State Services Act 1962

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.

    Section 1(2): this Act brought into force, on 1 April 1972, by the Department of Social Welfare Act Commencement Order 1972 (SR 1972/37).

2 Interpretation
  • [Repealed]

    Section 2: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Part 1
Department of Social Welfare

[Repealed]

  • Part 1: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

3 Department of Social Welfare
  • [Repealed]

    Section 3: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

4 Functions of department
  • [Repealed]

    Section 4: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

5 Powers of Minister
  • [Repealed]

    Section 5: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

6 Director-General of Social Welfare
  • [Repealed]

    Section 6: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

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

    Section 6A: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7 Assistant Directors-General of Social Welfare
  • [Repealed]

    Section 7: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7A Social Welfare Commission
  • [Repealed]

    Section 7A: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7B Term of office of members
  • [Repealed]

    Section 7B: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7C Extraordinary vacancies
  • [Repealed]

    Section 7C: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7D Presiding member
  • [Repealed]

    Section 7D: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7E Deputies of members
  • [Repealed]

    Section 7E: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7F Meetings of Commission
  • [Repealed]

    Section 7F: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7G Administrative services
  • [Repealed]

    Section 7G: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7H Fees and travelling allowances
  • [Repealed]

    Section 7H: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7I Functions of Commission
  • [Repealed]

    Section 7I: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7J Powers of Commission
  • [Repealed]

    Section 7J: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

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

    Section 7K: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

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

    Section 7L: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7M Institution management committees
  • [Repealed]

    Section 7M: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

7N Functions of institution management committees
  • [Repealed]

    Section 7N: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

8 Social workers
  • [Repealed]

    Section 8: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

9 Honorary social workers
  • [Repealed]

    Section 9: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

9A Social welfare volunteers
  • [Repealed]

    Section 9A: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

10 Other officers and employees of the department
  • [Repealed]

    Section 10: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

11 Delegation of powers by Minister
  • [Repealed]

    Section 11: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

12 Delegation of powers by Director-General
  • [Repealed]

    Section 12: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

13 Committees
  • [Repealed]

    Section 13: repealed, on 1 April 1990, by section 33(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

14 Regulations
  • [Repealed]

    Section 14: repealed, on 1 April 1990, by section 33(1) of the 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) Amendment(s) incorporated in the Act(s).

    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]

    Section 16: repealed, on 23 June 1987, by section 2(5) of the Social Security Amendment Act 1987 (1987 No 106).

17 Acting Commissioners
  • [Repealed]

    Section 17: repealed, on 23 June 1987, by section 2(5) of the Social Security Amendment Act 1987 (1987 No 106).

18 Consequential amendments
  • (1) Amendment(s) incorporated in the Act(s).

    (2) [Repealed]

    (3), (4) Amendment(s) incorporated in the Act(s).

    Section 18(2): repealed, on 17 September 1997, by section 24(3)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Family benefits (home ownership)

19 Amendments to Family Benefits (Home Ownership) Act 1964
  • Amendment(s) incorporated in the Act(s).

War pensions

[Repealed]

  • Heading: repealed, on 1 October 1998, pursuant to section 12(a) of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

20 Amendments to War Pensions Act 1954
  • [Repealed]

    Section 20: repealed, on 1 October 1998, by section 12(a) of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Child welfare

[Repealed]

  • Heading: repealed, on 1 April 1975, pursuant to section 109 of the Children and Young Persons Act 1974 (1974 No 72).

21 Amendments to Child Welfare Act 1925
  • [Repealed]

    Section 21: repealed, on 1 April 1975, by section 109 of the Children and Young Persons Act 1974 (1974 No 72).

Infants

[Repealed]

  • Heading: repealed, on 19 December 1989, pursuant to section 2(j) of the Infants Act Repeal Act 1989 (1989 No 145).

22 Amendments to Infants Act 1908
  • [Repealed]

    Section 22: repealed, on 19 December 1989, by section 2(j) of the Infants Act Repeal Act 1989 (1989 No 145).

Adoption

23 Amendments to Adoption Act 1955
  • (1) Amendment(s) incorporated in the Act(s).

    (2) [Repealed]

    (3) Amendment(s) incorporated in the Act(s).

    (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.

    Section 23(2): repealed, on 1 April 1990, by section 36(6) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Section 23(4)(a): repealed, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Maori welfare

24 Amendment to Maori Welfare Act 1962
  • Amendment(s) incorporated in the Act(s).

Matrimonial proceedings

[Repealed]

  • Heading: repealed, on 1 October 1981, by section 189(1) of the Family Proceedings Act 1980 (1980 No 94).

25 Amendments to Matrimonial Proceedings Act 1963
  • [Repealed]

    Section 25: repealed, on 1 October 1981, by section 189(1) of the Family Proceedings Act 1980 (1980 No 94).

Domestic proceedings

[Repealed]

  • Heading: repealed, on 1 October 1981, by section 189(1) of the Family Proceedings Act 1980 (1980 No 94).

26 Amendments to Domestic Proceedings Act 1968
  • [Repealed]

    Section 26: repealed, on 1 October 1981, by section 189(1) of the 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.

    Section 27(1): repealed, on 1 January 1980, by section 3(2) of the Guardianship Amendment Act 1979 (1979 No 52).

    Section 27(2): repealed, on 1 January 1980, by section 3(2) of the Guardianship Amendment Act 1979 (1979 No 52).

    Section 27(3)(a): repealed, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Parliamentary Commissioner (Ombudsman)

[Repealed]

  • Heading: repealed, on 26 June 1975, pursuant to section 33(1) of the Ombudsmen Act 1975 (1975 No 9).

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

    Section 28: repealed, on 26 June 1975, by section 33(1) of the Ombudsmen Act 1975 (1975 No 9).

State services

29 Amendments to State Services Act 1962
  • (1) Amendment(s) incorporated in the Act(s).

    (2) [Repealed]

    Section 29(2): repealed, on 8 August 1973, by section 4(2) of the State Services Amendment Act 1973 (1973 No 15).

Consequential amendments

30 General consequential amendments
  • Subject to the foregoing provisions of this Part, 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.

    Section 30(a): repealed, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 30(b): repealed, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 30(c): repealed, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Department of Social Welfare Act 1971. The reprint incorporates all the amendments to the Act as at 1 October 1999, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Department of Child, Youth and Family Services Act 1999 (1999 No 82): section 14(a)

    Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): section 12(a)

    Social Security Amendment Act (No 4) 1997 (1997 No 63): section 24(3)(a)

    Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149): section 6(a)

    Social Welfare (Transitional Provisions) Act 1990 (1990 No 26): sections 33(1), 34(3)(a), 36(6)

    Infants Act Repeal Act 1989 (1989 No 145): section 2(j)

    Social Security Amendment Act 1987 (1987 No 106): section 2(5)

    Family Proceedings Act 1980 (1980 No 94): section 189(1)

    Guardianship Amendment Act 1979 (1979 No 52): section 3(2)

    Ombudsmen Act 1975 (1975 No 9): section 33(1)

    Children and Young Persons Act 1974 (1974 No 72): section 109

    State Services Amendment Act 1973 (1973 No 15): section 4(2)

    Department of Social Welfare Act Commencement Order 1972 (SR 1972/37)