For the purpose of this Convention:

Other words and expressions which are used in this Convention have the meanings respectively assigned to them in the legislation concerned.

The present Convention applies:

The provisions of this Convention shall apply,

Subject to the provisions of paragraphs (3), (4), and (5) of this Article, this Convention shall apply also to any legislation which supersedes, replaces, amends, supplements, or consolidates the legislation specified in paragraph (1) of this Article.

This Convention shall apply, unless the Parties agree otherwise, only to benefits described in the legislation specified in paragraph (1) of this Article at the date of coming into force of this Convention and for which specific provision is made in this Convention.

This Convention shall apply to any legislation which relates to a branch of social security not covered by the legislation specified in paragraph (1) of this Article, only if the two Parties make an agreement to that effect.

This Convention shall not apply to Regulations on social security of the Council of the European Communities or to any convention on social security which either Party has concluded with a third party or to any laws or regulations which amend the legislation specified in paragraph (1) of this Article for the purpose of giving effect to such a convention but shall not prevent either Party from taking into account under its legislation the provisions of any other convention which that Party has concluded with a third party.

Subject to the provisions of Article 7 of this Convention, the provisions of paragraphs (1) and (2) of this Article shall apply for the purposes of a claim for sickness benefit under the legislation of the United Kingdom by a person who is usually gainfully occupied in the United Kingdom, or would but for his incapacity for work be so occupied:

Where a person was receiving sickness benefit or invalid’s benefit under the legislation of New Zealand when he was last in that country and is incapable of work at the time when he arrives in the United Kingdom, he shall be treated under the legislation of the United Kingdom as if at that time, and for so long as he continues from that time to be incapable of work, he satisfied the contribution conditions for sickness benefit under that legislation.

For the purpose of a claim to receive sickness benefit under the legislation of New Zealand by a person who is usually gainfully occupied in that country, or would but for his incapacity for work be so occupied, each week during which that person was resident in the United Kingdom shall be treated as if it were a week during which he was resident in New Zealand.

Where, but for the provisions of this Article, a person would be entitled to receive sickness benefit under the legislation of both Parties for the same period, whether by virtue of the provisions of this Convention or otherwise, that benefit shall be granted only under the legislation of the country in which he is usually resident.

he had been resident in New Zealand during any period during which he was resident in the United Kingdom;

any blindness or permanent incapacity for work originating in the United Kingdom had originated in New Zealand.

Subject to the provisions of Article 7 of this Convention, the provisions of paragraph (1)(a) and (1)(c) of Article 4 of this Convention shall apply to a person for the purposes of a claim for unemployment benefit under the legislation of the United Kingdom at a time when he would usually be gainfully occupied as an employed person in the territory of the United Kingdom.

Where a person claims unemployment benefit under the legislation of New Zealand at a time when he would usually be gainfully occupied in that country, any period during which he was resident in the United Kingdom shall be treated as a period during which he was resident in New Zealand.

Where a person claims unemployment benefit under the legislation of the United Kingdom by virtue of paragraph (1) of this Article, any period for which he received such benefit under the legislation of New Zealand shall be taken into account as if it were a period during which he had received unemployment benefit under the legislation of the United Kingdom.

Nothing in Articles 4 or 6 of this Convention shall diminish any right to receive sickness benefit or unemployment benefit under the legislation of the United Kingdom which a person has otherwise than by virtue of the provisions of this Convention.

Any claim to benefit by a person to whom the provisions of Article 4(1) or Article 6(1) apply shall take account also of contribution periods and equivalent periods completed under the legislation of the United Kingdom.

Where a person who is usually resident in the United Kingdom claims orphan’s benefit under the legislation of the United Kingdom in respect of a child who is also usually resident there, each week of residence completed in New Zealand by either parent of the child shall be treated as if it had been a week of residence completed in the United Kingdom and if either parent of the child was born in New Zealand, that parent shall be treated as if he had been born in the United Kingdom.

Where a person who is usually resident in New Zealand claims orphan’s benefit under the legislation of New Zealand in respect of a child who is also usually resident there, that child shall be treated as if it had been born in New Zealand if it was born in the United Kingdom and any period during which that child’s last surviving parent was usually resident in the United Kingdom shall be treated as if it were a period during which that parent was usually resident in New Zealand.

Any benefit which has become payable by virtue of the provisions of paragraph (1) or paragraph (2) of this Article shall cease to be payable if and when the person in receipt of the benefit, or the child in respect of whom the benefit is payable, ceases to be usually resident in the territory of the Party under whose legislation the benefit is being paid.

The provisions of this Article shall apply to persons in the United Kingdom who have been resident in New Zealand.

Where a person is in, or resident in, the United Kingdom and at the time when he was last in New Zealand he was receiving national superannuation under the legislation of New Zealand, otherwise than by virtue of this Convention or the former Agreements, provided that he is over pensionable age as defined under the legislation of the United Kingdom he shall be entitled, subject to the provisions of paragraph (6) of this Article, to receive a basic retirement pension at the full standard rate under the legislation of the United Kingdom as if he satisfied the contribution conditions for such a pension. Provided that, if the claimant is a married woman who does not satisfy either of the conditions specified in paragraph (4) of this Article, she shall be treated as if her husband and not she satisfied the said contribution conditions.

Subject to the provisions of paragraphs (4) and (6) of this Article, for the purpose of a claim for basic retirement pension under the legislation of the United Kingdom by a person to whom the provisions of paragraph (2) of this Article do not apply, a person in, or resident in, the United Kingdom shall be treated as if he, or in the case of a claim made by a married woman or widow by virtue of her husband’s insurance, her husband, had paid a Class 3 contribution under the legislation of the United Kingdom for each week during which he was resident in New Zealand.

Where the person claiming a basic retirement pension under the legislation of the United Kingdom is a married woman and she is claiming by virtue of her own insurance, the provisions of paragraph (3) of this Article shall not apply to her in respect of any period during which she was a married woman unless—

For the purposes of this paragraph, “contributions of the appropriate amount” means contributions the earnings-factor derived from which is not less than fifty two times the lower earnings limit for the year to which the contributions relate, and “contributions” means contributions other than contributions which would not be taken into account for the purpose of any claim for benefit under the legislation of the United Kingdom.

Where the person claiming a basic retirement pension under the legislation of the United Kingdom is a woman claiming by virtue of her own insurance, her marriage having been terminated by the death of her husband or otherwise, and her husband’s contributions are taken into account for the purpose of her claim, she shall be treated as if he had paid a Class 3 contribution under the legislation of the United Kingdom for each week during which he was resident in New Zealand.

Any basic retirement pension which has become payable under the legislation of the United Kingdom by virtue of the provisions of this Convention or the former Agreements shall cease to be payable if and when the person to whom, or in respect of whom, the pension is payable leaves the United Kingdom, unless that person is usually resident in the United Kingdom and his absence from the United Kingdom is only temporary.

The provisions of this Article shall apply to persons in New Zealand who have been resident in the United Kingdom.

Subject to the provisions of Article 15 of this Convention, for the purpose of any claim to receive National Superannuation under the legislation of New Zealand, a person who is usually resident in New Zealand shall be treated as if he had been resident there during any period when he was resident in the United Kingdom, provided that—

National Superannuation which has become payable under the legislation of New Zealand by virtue of the provisions of this Convention, or the former Agreements, shall cease to be payable if and when the person to whom, or in respect of whom, the pension is payable ceases to be usually resident in New Zealand.

The provisions of this Article shall apply to persons in the United Kingdom who have been resident in New Zealand.

Where a widow is in, or resident in, the United Kingdom, and at the time when she was last in New Zealand she was receiving a widow’s benefit under the legislation of New Zealand, otherwise than by virtue of this Convention or the former Agreements, she shall be entitled to receive at the standard rate under the legislation of the United Kingdom—

as if the contribution conditions for such a benefit were satisfied. For the purpose of this paragraph, a widow’s benefit “at the standard rate” means the standard rate of widow’s benefit appropriate to a widow according to her age at the time her husband died, or when she ceased to be qualified to receive widowed mother’s allowance.

For the purpose of a claim for widow’s benefit under the legislation of the United Kingdom by a widow who is in, or resident in, the United Kingdom to whom the provisions of paragraph (2) of this Article do not apply, each week of residence in New Zealand completed by her husband shall be treated as if it were a week for which her husband paid a Class 3 contribution under the legislation of the United Kingdom.

Any widow’s benefit or retirement pension to which a person has become entitled under the legislation of the United Kingdom by virtue of the provisions of this Convention or the former Agreements shall cease to be payable if and when the person leaves the United Kingdom, unless that person is usually resident in the United Kingdom and the absence of that person is only temporary.

Where a woman would be entitled to receive a widowed mother’s allowance under the legislation of the United Kingdom if the child for whom she is responsible were in the United Kingdom, she shall be entitled to receive that allowance while the child is in New Zealand.

Where a woman entitled to receive a widowed mother’s allowance under the legislation of the United Kingdom otherwise than solely by virtue of Article 11 of this Convention, (or Article 8 of the Agreement signed on 19 June 1969 or Article 7 of the Agreement signed on 20 December 1955) would be entitled to receive also an increase of that benefit for an only, elder or eldest child if the child were in the United Kingdom she shall be entitled to receive that increase while the child is in New Zealand.

The provisions of this Article shall apply to persons in New Zealand who have been resident in the United Kingdom.

Subject to the provisions of Article 15 of this Convention, for the purpose of a claim for widow’s benefit under the legislation of New Zealand, a widow who is usually resident in New Zealand shall be treated as if—

provided that provisions of this paragraph shall not apply to any person who has failed to claim any benefit to which she is entitled under the legislation of the United Kingdom, or would be entitled if she made a claim for that benefit.

Widow’s benefit which has become payable under the legislation of New Zealand by virtue of the provisions of this Convention or the former Agreements shall cease to be payable if and when the person in respect of whom the benefit is payable ceases to be usually resident in New Zealand.

Where a person is in receipt of family allowance under the legislation of one Party, whether by virtue of the provisions of this Convention, the former Agreements, or otherwise, and that person or the child in respect of whom the allowance is payable ceases to be usually resident in the territory of the Party under whose legislation the allowance is payable, that allowance shall cease to be payable with the last payment made to him prior to his departure.

Where a person is usually resident in the territory of one Party together with any child of his family or any child for whom he is responsible, then for the purpose of any claim for family allowance under the legislation of that Party in respect of that child, any period of residence or presence completed by that person and/or the child in the territory of the other Party shall be treated as if it were, respectively, a period of residence or presence completed by that person and/or the child in the territory of the former Party.

Where family allowance is payable to a person under the legislation of the United Kingdom and that allowance would continue to be payable if that person and the child in respect of whom it is payable were in the United Kingdom, that allowance snail continue to be payable for the first twenty six weeks of absence of the person and/or the child in New Zealand, provided that such absence is only temporary.

Where family allowance has been payable under the legislation of the United Kingdom in respect of a child who is in New Zealand and that allowance has ceased to be payable because the child, or the person responsible for the child, has been absent from the United Kingdom for more than twenty six weeks, then for the purpose of any claim for family allowance under the legislation of New Zealand in respect of that child, that child shall be treated as if he were usually resident in New Zealand.

Where a person in the United Kingdom would be entitled to receive family allowance in respect of a child in the United Kingdom, no provision of any Order in Council, Statutory Notice or regulations made or given effect by virtue of the Taxes Act, section 497, shall have effect to disentitle that person from receiving that family allowance, provided that such Order in Council, Statutory Notice or regulation relates to persons moving between the United Kingdom and New Zealand and the person concerned is a person to whom the provisions of this Convention apply. Any family allowance payable by virtue of the provisions of this paragraph shall not cease to be payable because of the temporary absence from the United Kingdom of the beneficiary and/or the child in respect of whom the allowance is payable, and the provisions of paragraph (3) of this Article shall apply in such a case.

Where, but for the provisions of this paragraph, family allowance would be payable under the legislation of both Parties for the same period in respect of the same child, whether by virtue of the provisions of this Convention, the former Agreements, or otherwise, family allowance shall be payable in respect of that child only under the legislation of the Party in whose territory the child is usually resident.

Subject to the provisions of paragraphs (3) and (4) of this Article, for the purpose of any claim to receive benefit under the legislation of New Zealand, whether by virtue of the provisions of this Convention, the former Agreements, or otherwise, the amount of any benefit which the claimant is entitled to receive under the legislation of the United Kingdom shall be disregarded in the computation of his income and shall be deducted from the amount of benefit which would otherwise have been payable to him under the legislation of New Zealand. Provided that, in the case of a married claimant, the amount to be deducted shall be the aggregate amount of any benefit which the claimant and the claimant’s wife or husband are entitled to receive under the legislation of the United Kingdom, or such part of that aggregate amount as may be determined by the competent authority of New Zealand.

For the purpose of applying the provisions of paragraph (1) of this Article, “benefit under the legislation of the United Kingdom includes any increase of or additional amount payable therewith.

Notwithstanding any other provision of this Convention, a person—

For the purpose of any claim to receive benefit under the legislation of New Zealand, whether by virtue of the provisions of this Convention, the former Agreements or otherwise, an industrial disablement pension payable under the legislation of the United Kingdom shall be treated as if it were accident compensation payable under the legislation of New Zealand.

for retirement pension, widow’s benefit or orphan’s benefit under the legislation of the United Kingdom within twenty six weeks after his last arrival in that country; or

for national superannuation, widow’s benefit, invalid’s benefit or orphan’s benefit under the legislation of New Zealand within six months after his last arrival in that country,

The competent authority of New Zealand shall determine whether any New Zealand benefit shall be paid in respect of a period of absence from New Zealand spent wholly or partly in the United Kingdom, in accordance with the provisions in New Zealand legislation concerning payment for absence.

For the purpose of determining any sum due under paragraph (1) of this Article, the amount of any retirement pension, widow’s benefit, orphan’s benefit, sickness benefit, unemployment benefit or family allowance received under the legislation of the United Kingdom for the period of absence shall be disregarded in the computation of his income but shall be deducted from the sum that would otherwise be payable.

as having been resident in the United Kingdom during any period of absence from that country during which he was not resident in New Zealand and for which he, or, if the person is a woman who is or had been married, her husband, has paid contributions voluntarily or compulsorily under the legislation of the United Kingdom, or for which he had credits awarded to him under that legislation, or for which he would have been entitled to receive a credit or credits but for the fact that his contribution earnings factor achieved for the year in question already amounted to a reckonable or qualifying year, and any other period during which he was absent from the United Kingdom in any circumstances may, at the discretion of the competent authority of New Zealand, be treated as if it were a period during which he was absent in similar circumstances from New Zealand;

as having been resident in New Zealand during any period of absence from that country during which he was not resident in the United Kingdom if he was employed outside New Zealand during that period and was liable to pay income tax under the legislation of New Zealand for that period on his earnings arising from that employment;

as having been resident in one country for any period during which he was travelling from that country to the other country, provided that he arrived in that other country within thirteen weeks of his departure from the former country.

The competent authorities of the two Parties shall establish the administrative measures necessary for the application of this Convention.

The competent authorities of the two Parties shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention or about changes in their national legislation in so far as these changes affect the application of the provisions of this Convention.

Any claim, notice or appeal which should, for the purposes of the legislation of one Party, have been submitted within a prescribed period to the insurance authority or the competent authority of that Party, shall be treated as if it had been submitted to that insurance authority or competent authority if it is submitted within the same period to an insurance authority or competent authority of the other Party.

Any claim for benefit submitted under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party in so far as this corresponding benefit is payable in accordance with the provisions of this Convention.

Any document submitted under the legislation of New Zealand may, where appropriate, be treated as a notice of retirement given under the legislation of the territory of the United Kingdom.

In any case to which the provisions of paragraph (1), (2) or (3) of this Article apply, the authority to which the claim, notice, appeal or document has been submitted shall transmit it without delay to the competent authority or insurance authority of the other Party.

Where any benefit is payable under the legislation of one Party to a person in the territory of the other Party, the payment may be made by the competent institution of the latter Party, at the request of the competent institution of the former Party.

Where any retirement or widows pension is payable under the legislation of the United Kingdom to a person who is residing in New Zealand, the payment of that pension shall be made by the competent institution of New Zealand, at the request of the competent institution of the United Kingdom.

Any payment made by the competent institution of New Zealand in terms of paragraph (1) of this Article shall be free of any charge.

Any dispute between the competent authorities of the two Parties about the interpretation or application of this Convention shall be resolved through agreement between the competent authorities of each Party.

If any such dispute cannot be resolved in this manner, it shall be submitted, at the request of either Party, to an arbitration tribunal which shall be composed in the following manner:

The decision of the arbitration tribunal shall be by majority vote. Its decision shall be binding on both Parties. The costs of the arbitration tribunal should be borne equally by the two Parties. The arbitration tribunal shall determine its own rules of procedure.

Upon entry into force of this Convention the Agreement on Social Security signed at Wellington on 19 June 1969 shall terminate.

Any right to benefit acquired by a person in accordance with the provisions of the Agreement signed at Wellington on 19 June 1969 shall be maintained, and any rights in course of acquisition under that Agreement at the date of the entry into force of this Convention shall be settled in accordance with the provisions of this Convention.

Benefit, other than lump sum payments, shall be payable in accordance with the provisions of this Convention in respect of events which happened before the date of its entry into force. For the purpose of determining claims in accordance with the provisions of this Convention, account shall be taken of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

Paragraph (3) of this Article shall not confer any right to receive payment of benefit for any period before the date of the entry into force of this Convention.