Human Rights Act 1993

70 Superannuation schemes

• (1) Subject to subsection (3), nothing in section 22 or section 44 relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before 1 January 1996.

  (2) It shall continue to be lawful for the provisions of a superannuation scheme to provide—

  • (a) different benefits for members of each sex on the basis of the same contributions; or

  • (b) the same benefits for members of each sex on the basis of different contributions,—

  if the different treatment—

  • (c) is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and

  • (d) is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances.

  (3) It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.

  (4) Nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme from—

  • (a) providing or requiring different contributions for members; or

  • (b) providing benefits for members that differ in nature or amount,—

  by reason of the disability or age of those members, if the different treatment—

  • (c) is based on—

    • (i) actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or

    • (ii) where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and

  • (d) is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.

  (5) Nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme, or the trustees of the scheme, from—

  • (a) requiring an applicant for membership of the scheme to be under a specified maximum age; or

  • (b) permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indefinitely; or

  • (c) specifying an age of eligibility for each type of benefit provided for members of the scheme; or

  • (d) subject to section 9C of the Superannuation Schemes Act 1989, requiring persons who become members of the scheme on or after 1 January 1995 to leave the scheme on reaching the age at which persons of that age ordinarily qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001; or

  • (e) providing benefits on the death or disability of members of the scheme that decrease in value as the age of members increases; or

  • (f) providing benefits for members of the scheme that differ in nature and amount according to the member's period of membership (including any period deemed by the trustees of the scheme to be membership) of the scheme and of any scheme replaced by that scheme, and, in the case of a superannuation scheme provided by an employer, of any scheme to which the employer has paid contributions on behalf of the employee.

  (6) In assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Complaints Division may—

  • (a) require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and

  • (b) request the views of an actuary on the justification for the reliance and for the different treatment.

  Section 70(1): amended, on 9 December 1994, by section 6 of the Human Rights Amendment Act 1994 (1994 No 138).

  Section 70(5)(d): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

  Section 70(5)(d): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).

  Section 70(6)(b): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).