(1) [Repealed]

(2) [Repealed]

(3) [Repealed]

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

(7) [Repealed]

(8) [Repealed]

(9)–(16) Amendment(s) incorporated in the Act(s).

(17) [Repealed]

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

(19) [Repealed]

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

(1)–(4) Amendment(s) incorporated in the Act(s).

(5) [Repealed]

(6)–(7) Amendment(s) incorporated in the Act(s).

(8) Amendment(s) incorporated in the order(s).

(1) For the purpose of giving effect to any agreement or Convention with the government of another country providing for reciprocity in respect of matters relating to social security monetary benefits, or to any alteration thereto, the Governor-General may, by Order in Council,—

• (a) declare that the provisions contained in any agreement or Convention or alteration thereto set out in a schedule of the Order in Council shall have force and effect so far as they relate to New Zealand:

• (b) declare that the provisions of this Act and of the Social Security Act 1964 and Part 6 of the War Pensions Act 1954 and of Part 1 of the New Zealand Superannuation and Retirement Income Act 2001 and of the regulations and orders in force under those Acts shall have effect subject to such modifications as may be required for the purpose of giving effect to the agreement or Convention or alteration thereto:

• (c) revoke any previous Order in Council which applied in respect of any such agreement or Convention which is no longer in force or which is intended to be no longer in force on the commencement of the Order in Council.

(2) The Governor-General may, by the same or a subsequent Order in Council, specify the date on which any Order in Council made under subsection (1) is to come into force, which may be a date before or on or after the date on which the Order in Council is so made.

(2A) If an agreement or Convention or alteration to an agreement or Convention contains a provision of the kind referred to in section 19A(2), no Order in Council in respect of that agreement or Convention or alteration may be made under subsection (1) unless the Privacy Commissioner has first presented a report to the Minister and to the Minister of Justice on the following matters:

• (a) whether the provision complies with the privacy principles set out in the Privacy Act 1993, having regard to the matters set out in paragraphs (a) to (f) of section 98 of that Act:

• (b) if the provision is of the kind referred to in section 19A(2)(b), the adequacy of the privacy protection given in the other country to information about any individual that may be supplied by New Zealand under the provision.

(2B) Subsection (2A) does not apply to a provision that relates solely to the recovery of moneys paid under the agreement or Convention in excess of that to which the recipient was entitled under that agreement or Convention.

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

(4) Amendment(s) incorporated in the order(s).

(1) In this section and in sections 19B to 19D,—

(2) An agreement may contain—

• (a) provision for the governments of New Zealand and the other country to provide each other with assistance in the recovery of social security debts; or

• (b) provision for those governments to supply each other with information for social security purposes; or

• (c) both provisions described in paragraphs (a) and (b).

(3) No provision of the kind referred to in subsection (2)(a) may be included in an agreement unless it is subject to the terms and conditions set out in section 19B or terms and conditions to the like effect.

(4) No provision of the kind referred to in subsection (2)(b) may be included in an agreement unless it is subject to the terms and conditions set out in section 19C or terms and conditions to the like effect.

(5) Nothing in section 19(2A) or this section prevents an agreement containing other provisions for mutual assistance if those provisions are not of the kind referred to in subsection (2).

(1) The terms and conditions referred to in section 19A(3) are—

• (a) assistance to recover any social security debt of a party may be provided by the other party only in respect of a debt—

  • (i) that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or organisation in that country acting administratively within the terms of his, her, or its lawful authorisation; and

  • (ii) in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),—

    • (A) has been exhausted or has expired; or

    • (B) if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determined; and

  • (iii) that may be lawfully recovered under the laws of that country; and

  • (iv) that was first found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in subsection (2):

• (b) when providing assistance to recover any social security debt of a party, the party giving the assistance is not required to—

  • (i) give priority to the recovery of social security debts of the other party; and

  • (ii) take any measures for recovery not provided for under the laws relating to the recovery of debts of that party:

• (c) a party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual:

• (d) any recovery of a social security debt of a deceased individual is limited to the value of that individual's estate:

• (e) any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if—

  • (i) the institution, court, or tribunal has the power to do so; and

  • (ii) it is its normal practice to do so:

• (f) a party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in subparagraphs (i) to (iv) of paragraph (a):

• (fa) if a party gives assistance in respect of any social security debt for which there is no time limit for exercising any right of review or appeal of the determination of the debt under the law under which the debt was determined, or for which there is a time limit but a right of review or appeal may be exercised after its expiry in the discretion of the court or tribunal or body or person concerned, or in the discretion of any other person,—

  • (i) the requesting institution must immediately advise the requested institution if any such right is exercised; and

  • (ii) the requested institution must defer recovery of the debt until notified by the requesting institution that the review or appeal is finally determined:

• (g) the party requesting assistance to recover a social security debt must pay the costs of the other party of recovering the debt, including court costs or other fees payable under the laws of that party.

(1A) For the purposes of subsection (1)(a)(ii), a right of review or appeal under the law under which a debt was determined has expired—

• (a) if the right has not been exercised within the time limit provided for its exercise; and

• (b) irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of review or appeal to be exercised after that time.

(2) Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5-year period referred to in subsection (1)(a)(iv) is extended by the period of deferral or, as the case requires, the period over which the debt is to be paid by instalments.

(1) The terms and conditions referred to in section 19A(4) are—

• (a) a request for information relating to an individual may be made only for social security purposes:

• (b) the requested institution of a party may supply to the requesting institution any information about the person to whom the request relates that it holds or is lawfully able to obtain:

• (c) the requesting institution of a party (the requesting party) to whom information is supplied by the requested institution of the other party may supply that information to the taxation authorities of the requesting party for either or both of the following purposes:

  • (i) making an assessment of the tax due by any person under the laws of the requesting party relating to taxation:

  • (ii) detecting tax fraud or tax evasion under the laws of the requesting party:

• (d) every request for and supply of information made by and to the competent institutions of the parties must be made in terms of an agreement between the competent institutions of the parties that—

  • (i) specifies the types of information that the competent institutions may supply to each other; and

  • (ii) limits the supply of information to the types of information specified; and

  • (iii) subject to subparagraph (iv), in relation to New Zealand, contains, with all necessary modifications, the safeguards required to be set out in an information matching agreement within the meaning of section 99 of the Privacy Act 1993; and

  • (iv) in relation to New Zealand, requires the information matching rules set out in clause 4 of Schedule 4 of the Privacy Act 1993, with all necessary modifications, to be applied; and

  • (v) in relation to New Zealand, has been agreed to by the Privacy Commissioner under the Privacy Act 1993, the Commissioner having had regard to the information matching guidelines in section 98 of that Act:

• (e) subject to paragraphs (b) and (c), any information supplied by a party to the other party must be subject to the same privacy protections as any other personal information obtained under the social security laws of the other party:

• (f) no party that receives, under the agreement, personal information about any individual from the competent institution of the other party may supply that information to any other country without the prior written consent of that competent institution or the individual concerned:

• (g) a party must supply the competent institution of the other party with any information required by that institution to answer any questions or to make any report or return required by a person or body authorised to monitor compliance with that party's privacy laws.

(2) In relation to New Zealand, section 99(4) of the Privacy Act 1993 applies, with any necessary modifications, to an agreement between the competent institutions of the parties under subsection (1)(d).

(1) Where an Order in Council is made under section 19 in respect of an agreement which contains a provision of the kind referred to in section 19A(2)(a),—

• (a) any social security debt of the other country may, in accordance with and subject to the provision and to the extent that it has not been recovered in the other country, be recovered by the chief executive under section 86(1D) of the Social Security Act 1964 as if it were a debt due to the Crown; and

• (b) any amount so recovered may, after the deduction of the costs of collection, be paid to the other country without any further appropriation than this paragraph.

(2) For the purposes of subsection (1)(a), a certificate signed by an authorised officer of the competent institution of the other country that the debt is of a kind described in subparagraphs (i) to (iv) of section 19B(1)(a) is, in the absence of proof to the contrary, sufficient evidence of the existence of the debt.

(3) Where an Order in Council is made under section 19 in respect of an agreement which contains a provision of the kind referred to in section 19A(2)(b),—

• (a) the chief executive may supply any information in the department's possession about any person to, or receive information about any person from, the competent institution of the other country in accordance with, and subject to, the provision:

• (b) the chief executive may from time to time, in accordance with arrangements made in an agreement with the Commissioner of Inland Revenue, supply any information received from the competent institution of the other country to the Commissioner for either or both of the purposes referred to in section 19C(1)(c):

• (c) if any information received from the competent institution of the other country under the provision has produced a discrepancy and the chief executive proposes to take action against an individual as a result, the chief executive must give that individual written notice—

  • (i) specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and

  • (ii) stating that the individual has 5 working days from the receipt of the notice in which to show cause why that action should not be taken:

• (d) the chief executive may not take any adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in paragraph (c)(ii):

• (e) sections 100 to 102 and 104 to 106 of the Privacy Act 1993 apply in respect of the provision as if the provision were an authorised information matching programme and the department were the only specified agency involved in that programme.

(4) Nothing in paragraph (c) or paragraph (d) of subsection (3) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of subsection (3)(c) would prejudice any investigation into the commission of an offence or the possible commission of an offence.

(4A) Subsection (4B) applies if—

• (a) an agreement contains a provision of the kind referred to in section 19A(2)(b); and

• (b) the social security purposes concerned are wholly or principally the administration of the agreement itself; and

• (c) the parties to the agreement are likely to frequently exchange information about individuals for the purposes of granting or paying benefits under the agreement, calculating the rates of benefits payable under the agreement, or calculating the rates of other benefits that are affected by the rates of benefits payable under the agreement.

(4B) If this subsection applies, if any information received from the competent institution of the other country under the provision contains identifying information about any individual (including the unique identifier assigned to that individual by that institution) who has applied for a benefit payable under the agreement in either country and produces a discrepancy with information already held about that person by the chief executive, and the chief executive has not previously given notice under this subsection, the chief executive must give that individual written notice—

• (a) specifying particulars of the discrepancy and of the action the chief executive proposes to take as a result of that discrepancy; and

• (b) specifying the unique identifiers assigned to that individual by the competent institutions of both countries; and

• (c) informing him or her that information received from the other country about that individual will be matched with information in the department's possession using those unique identifiers; and

• (d) specifying the kinds of information about the individual that the chief executive is likely to receive from the other country under the agreement; and

• (e) specifying the kinds of actions that the chief executive may take as a result of information about that individual received at any subsequent time from the other country under the agreement; and

• (f) specifying the likely consequences of those actions for any benefit payable to that individual under the agreement or otherwise; and

• (g) stating that the individual has 5 working days from the receipt of the notice to show cause why the chief executive should not take the action referred to in paragraph (a) or actions of the kinds referred to in paragraph (e).

(4C) Despite subsections (3)(c) to (e) and (6), if subsection (4B) applies, after the expiration of the 5 working days referred to in subsection (4B)(g), the chief executive is not obliged to comply with subsection (3)(c) and (d) in respect of any information that is—

• (a) subsequently received from the other country under the provision; and

• (b) received for a purpose set out in subsection (4A)(c); and

• (c) matched against information held by the chief executive using the unique identifiers assigned to the individual concerned by the competent institutions of both countries.

(5) Subsections (3) and (4) of section 103 of the Privacy Act 1993 apply to any notice to be given to any individual under subsection (3)(c) or subsection (4B).

(6) Where the chief executive fails to comply, in relation to any individual, with the provisions of subsection (3)(c), the failure is considered, for the purposes of Part 8 of the Privacy Act 1993, to constitute a failure to comply with the provisions of Part 10 of that Act.

(7) In this section, expressions defined in section 97 of the Privacy Act 1993 have the meanings so defined, with any necessary modifications.

(1) The Minister may from time to time appoint such committees as the Minister thinks fit to advise or otherwise assist the Minister or the chief executive on such aspects of social welfare as the Minister may specify.

(2) The members of any such committee shall hold office at the pleasure of the Minister.

(3) Every such committee may regulate its own procedure.

(4) Every such committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(5) There may, if the Minister so directs, be paid to the members of any such committee, out of the Department's Bank Account from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.

No person, by reason only that he or she is a member of a committee appointed under section 30 of this Act, shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

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

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

(4) [Repealed]

(5) [Repealed]

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

(1)–(2) Amendment(s) incorporated in the Act(s).

(3) [Repealed]

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

(7) [Repealed]

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

(9) [Repealed]

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

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

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

If any officer of the Department has, at any time before the commencement of this section, purported to exercise any power, function, or discretion of the Director-General under the Social Security Act 1964, and the exercise of that power, function, or discretion would have been valid if it had been carried out pursuant to a valid delegation by the Director-General (with the written consent of the Minister of Social Welfare) pursuant to section 10 of the Social Security Act 1964, the exercise of that power, function, or discretion shall be deemed to have been valid.

In this Part and in Schedule 3, unless the context otherwise requires,—

(1) There is hereby established a Board called the New Zealand Artificial Limb Board.

(2) The Board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3) The Crown Entities Act 2004 applies to the Board except to the extent that this Act expressly provides otherwise.

The functions of the Board are—

• (a) to manufacture, import, export, market, distribute, supply, fit, repair, and maintain artificial limbs and similar devices:

• (b) to provide rehabilitative and other services to persons in connection with artificial limbs and similar devices:

• (c) to carry out research and development in relation to artificial limbs and similar devices:

• (d) to advise the Minister on matters relating to artificial limbs and similar devices.

(1) The Board shall consist of 6 members appointed under section 28(1)(a) of the Crown Entities Act 2004, including—

• (a) [Repealed]

• (b) 1 member to be appointed by the Minister to represent the interests of war amputees:

• (c) 1 member to be appointed by the Minister on the nomination of the Amputees Federation of New Zealand:

• (d) 1 member to be appointed by the Minister on the nomination of the New Zealand Orthopaedic Association:

• (e) 1 member to be appointed by the Minister to represent Area Health Boards, which member shall be appointed on the nomination of the Minister of Health:

• (f) 1 member to be appointed by the Minister on the nomination of the Board.

(2) Members of the Board are the board for the purposes of the Crown Entities Act 2004.

As soon as practicable after the expiry of the period of 3 years beginning on the date of commencement of this Act, and then at intervals of not more than 5 years, the Board shall—

• (a) review the operation of the Board since—

  • (i) the date of the commencement of this Act (in the case of the first review carried out under this paragraph); or

  • (ii) the date of the last review carried out under this paragraph (in the case of every subsequent review); and

• (b) consider—

  • (i) whether the Board should be retained or abolished; and

  • (ii) whether any amendments to this Part are necessary or desirable; and

• (c) report its findings to the Minister.

The provisions set out in Schedule 3 shall apply in respect of the Board.

(1) On the commencement of this Act,—

• (a) the undertaking of the existing body shall vest in the Board; and

• (b) all money that is purportedly payable to the existing body shall become payable to the Board.

(2) On the commencement of this Act, every person who purports to be an employee of the existing body shall become an employee of the Board but, for the purposes of every enactment, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment which that employee purports to have with the existing body shall be deemed to have been unbroken and the period of service with the existing body shall be deemed to have been a period of service with the Board.

(3) The terms and conditions of employment of each employee to whom subsection (2) applies shall, until varied, be identical with the terms and conditions that purport to be the terms and conditions of that employee's purported employment with the existing body immediately before the commencement of this Act.

(4) No such employee shall be entitled to receive any payment or other benefit by reason only of that employee ceasing by virtue of this Act to be an employee of the existing body.

(5) Any person who, immediately before the commencement of this Act, purported to hold office as a member of the existing body shall, on the commencement of this Act, be deemed to have been appointed under section 46 as a member of the Board for a term of 5 years, and the provisions of this Act shall apply accordingly.

(6) Every agreement, contract, deed, instrument, undertaking, or notice entered into, executed, or given by the existing body, and every action taken by the existing body, before the commencement of this Act, to the extent that it would have been valid if entered into, executed, given, or taken by the Board after the commencement of this Act, is hereby validated and declared to have been lawfully entered into, executed, given, or taken.