Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
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Reprint as at 26 November 2018
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
Public Act |
1990 No 26 |
|
Date of assent |
30 March 1990 |
|
Commencement |
see section 1(2) |
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990: repealed, on 26 November 2018, by section 456(1) of the Social Security Act 2018 (2018 No 32).
Act name: amended, on 5 December 2013, by section 6(2)(b) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Social Development.
Contents
Title: repealed, on 5 December 2013, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
1 Title and commencement
(1)
This Act is the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.
(2)
This Act shall come into force on 1 April 1990.
Section 1 heading: amended, on 5 December 2013, by section 6(1) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
Section 1(1): amended, on 5 December 2013, by section 6(2)(a) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
Section 1(1): amended, on 5 December 2013, by section 6(2)(b) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
Minister, in relation to any provisions of this Act, means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions
Privacy Commissioner means the Privacy Commissioner appointed under the Privacy Act 1993
social security debt,—
(a)
in relation to New Zealand, means an amount that is subject to recovery from any person under section 86(1) (chief executive’s duty to recover debt referred to in section 85A) of the Social Security Act 1964; and
(b)
in relation to any other country, means an amount that may be recovered from any person—
(i)
under the laws relating to social security in that country; or
(ii)
for taxation or other contribution levied specifically for social security under the laws of that country.
(2)
Unless the context otherwise requires, expressions defined in section 3(1) of the Social Security Act 1964 and in section 7 of the Veterans’ Support Act 2014 have in this Act the meanings so defined.
Section 2: substituted, on 23 November 2000, by section 4(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 2(1) social security debt paragraph (a): amended, on 7 July 2014, by section 35 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).
Section 2(2): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).
2A Administration of veterans’ pensions
[Repealed]Section 2A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
2B Delegation of Secretary’s powers
[Repealed]Section 2B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Part 1 Reciprocity agreements with other countries
Part 1 heading: replaced, on 5 December 2013, by section 7 of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
New Zealand superannuation[Repealed]
Heading: repealed, on 12 October 2001, pursuant to section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
3 New Zealand superannuation
[Repealed]Section 3: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
4 Residential qualification for New Zealand superannuation
[Repealed]Section 4: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
5 Commencement of New Zealand superannuation
[Repealed]Section 5: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
6 Rates of New Zealand superannuation
[Repealed]Section 6: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
7 Persons receiving national superannuation entitled to New Zealand superannuation
[Repealed]Section 7: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Transitional retirement benefit[Repealed]
Heading: repealed, on 31 March 2004, pursuant to section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
7A Transitional retirement benefit
[Repealed]Section 7A: repealed, on 31 March 2004, by section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Veterans’ pensions[Repealed]
Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
8 Entitlement to veteran’s pension
[Repealed]Section 8: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
9 Medical examination of applicant for veteran’s pension
[Repealed]Section 9: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
10 Commencement of veteran’s pension
[Repealed]Section 10: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
11 Rates of veterans’ pensions
[Repealed]Section 11: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
12 Lump sum payments on death
[Repealed]Section 12: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
13 Persons receiving certain pensions or allowance entitled to veteran’s pension
[Repealed]Section 13: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
13A Annual adjustment of rates of veterans’ pensions
[Repealed]Section 13A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Consequential amendments to other Acts
14 Amending Social Security Act 1964
(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).
Section 14(1): repealed, on 25 July 1990, by section 2(2)(b) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 14(2): repealed, on 2 October 1994, by section 3(4)(c) of the Social Security Amendment Act 1994 (1994 No 86).
Section 14(3): repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 14(4): repealed, on 17 September 1997, by section 6(4)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 14(5): repealed, on 1 August 1991, by section 16(2)(e) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).
Section 14(6): repealed, on 30 June 1993, by section 10(2)(d) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 14(7): repealed, on 1 April 1994, by section 6(d) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 14(8): repealed, on 1 April 1991, by section 24(3)(b) of the Social Security Amendment Act 1991 (1991 No 1).
Section 14(17): repealed, on 1 July 1996, by section 45(1) of the Social Security Amendment Act 1996 (1996 No 20).
Section 14(19): repealed, on 1 April 1992, by section 2(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77).
15 Amending War Pensions Act 1954
(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).
Section 15(5): repealed, on 2 October 1996, by section 2(2) of the War Pensions Amendment Act 1996 (1996 No 156).
16 Amending Income Tax Act 1976
[Repealed]Section 16: repealed, on 1 April 1995, by section YB 3(1) of the Income Tax Act 1994 (1994 No 164).
Payment overseas of New Zealand superannuation and veterans’ pensions[Repealed]
Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17 Payment overseas of veteran’s pension
[Repealed]Section 17: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17A Effect of absence from New Zealand on veterans’ pensions
[Repealed]Section 17A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Special portability arrangement with specified Pacific countries[Repealed]
Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17B Specified Pacific country
[Repealed]Section 17B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17BA Entitlement to be paid veteran’s pension in specified Pacific country
[Repealed]Section 17BA: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17C Rates of payment of veteran’s pension payable to people resident in Cook Islands, Niue, or Tokelau
[Repealed]Section 17C: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17D Commencement and termination of payments
[Repealed]Section 17D: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17E Effect on other benefits
[Repealed]Section 17E: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17F Application of this Act and Social Security Act 1964
[Repealed]Section 17F: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Other provisions on payment of benefits overseas[Repealed]
Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
18 Certain existing economic pensioners may be paid up to full rate of veteran’s pension overseas
[Repealed]Section 18: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
18A Living alone payments
[Repealed]Section 18A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
18B Commencement of living alone payments
[Repealed]Section 18B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Reciprocity agreements with other countries[Repealed]
Heading: repealed, on 5 December 2013, by section 8 of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).
19 Adoption of reciprocity agreement with other countries
(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 Veterans’ Support Act 2014 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 that is no longer in force or that 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).
Section 19(1)(b): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).
Section 19(1)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 19(1)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 19(1)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 19(2A): inserted, on 23 November 2000, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19(2B): inserted, on 23 November 2000, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
19A Inclusion of mutual assistance provisions in reciprocity agreement
(1)
In this section and in sections 19B to 19D,—
agreement means an agreement or Convention with the government of another country of the kind referred to in section 19, or an alteration to an agreement or Convention of that kind
competent institution means an institution of a party that is responsible for the application of the agreement
party means a government that has entered into an agreement
requested institution means the competent institution of a party to which a request is made by the competent institution of the other party
requesting institution means the competent institution of a party that makes a request to the competent institution of the other party
social security laws, in relation to a party, means the laws of that party relating to social security, including laws relating to taxation or other contribution levied specifically for social security
social security purposes include—
(a)
the administration of the social security laws of a party:
(b)
the collection of the social security debts of a party:
(c)
the maintenance of the social security laws of a party, including the prevention, detection, prosecution, and punishment of offences under those laws:
(d)
the enforcement of any social security laws of a party imposing a pecuniary penalty:
(e)
the conduct of any proceedings under the social security laws of a party before any court or tribunal.
(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).
Section 19A: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19A(3): amended, on 27 April 2002, by section 4 of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19A(3): amended, on 27 April 2002, by section 4 of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
19B Terms and conditions for recovery of social security debts
(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.
Section 19B: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19B(1)(a)(ii): substituted, on 27 April 2002, by section 5(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19B(1)(fa): inserted, on 27 April 2002, by section 5(2) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19B(1A): inserted, on 27 April 2002, by section 5(3) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
19C Terms and conditions for exchange of information for social security purposes
(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).
19D Actions by chief executive under mutual assistance provisions
(1)
Where an Order in Council is made under section 19 in respect of an agreement that 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 that 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)
(7)
In this section, expressions defined in section 97 of the Privacy Act 1993 have the meanings so defined, with any necessary modifications.
Section 19D: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19D(4A): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19D(4B): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19D(4C): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19D(5): amended, on 27 April 2002, by section 7(2) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Part 2 Other matters
Social Welfare Commission, District Executive Committees, Area Welfare Executive Committees, and repeal of Department of Social Welfare Act 1971, etc
20 Social Welfare Commission
[Repealed]Section 20: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
21 Term of office of members
[Repealed]Section 21: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
22 Extraordinary vacancies
[Repealed]Section 22: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
23 Presiding member
[Repealed]Section 23: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
24 Meetings of Commission
[Repealed]Section 24: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
25 Administrative services
[Repealed]Section 25: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
26 Fees and travelling allowances
[Repealed]Section 26: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
27 Functions of Commission
[Repealed]Section 27: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
28 District Executive Committees and Area Welfare Executive Committees
[Repealed]Section 28: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
29 Functions of District Executive Committees and Area Welfare Executive Committees
[Repealed]Section 29: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
30 Committees
(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.
Section 30(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
31 Members of Commission, etc, not deemed to be in service of the Crown
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.
Section 31: amended, on 1 April 1991, by section 2(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
32 Members of existing Commission and committees
[Repealed]Section 32: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
33 Repeal of Part 1 of Department of Social Welfare Act 1971
Amendment(s) incorporated in the Act(s).
34 Amending Social Security Act 1964
[Repealed]Section 34: repealed, on 1 October 1998, by section 12(c) of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
35 Amending Children, Young Persons, and Their Families Act 1989
(1)–(3)
Amendment(s) incorporated in the Act(s).
(4)
[Repealed](5)
[Repealed]Section 35(4): repealed, on 1 April 1991, by section 4(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Section 35(5): repealed, on 1 April 1991, by section 4(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
36 Amendments to other Acts
Amendment(s) incorporated in the Act(s).
Amendments to Social Security Act 1964 to facilitate introduction of new computer system
37 Amending Social Security Act 1964
(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).
Section 37(3): repealed, on 1 October 1990, by section 11(2)(d) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 37(4): repealed, on 1 April 1991, by section 7(2)(k) of the Social Security Amendment Act 1991 (1991 No 1).
Section 37(5): repealed, on 1 April 1991, by section 7(2)(k) of the Social Security Amendment Act 1991 (1991 No 1).
Section 37(6): repealed, on 1 August 1991, by section 16(2)(e) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).
Section 37(7): repealed, on 1 March 1991, by section 32(2)(a) of the Social Security Amendment Act 1991 (1991 No 1).
Section 37(9): repealed, on 1 July 1996, by section 32(3)(b) of the Social Security Amendment Act 1996 (1996 No 20).
Miscellaneous amendments to Social Security Act 1964 and War Pensions Act 1954
38 Amendments to Social Security Act 1964
[Repealed]Section 38: repealed, on 17 September 1997, pursuant to section 6(4)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
39 Amendment to War Pensions Act 1954
Amendment(s) incorporated in the Act(s).
40 Amending Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s).
41 Validation of exercise of Director-General’s powers pursuant to a purported delegation
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.
Part 3 New Zealand Artificial Limb Service
[Repealed]Part 3: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
42 Interpretation
[Repealed]Section 42: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
43 New Zealand Artificial Limb Service
[Repealed]Section 43: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
44 Functions
[Repealed]Section 44: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
45 Powers of Board
[Repealed]Section 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
46 Membership of Service
[Repealed]Section 46: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
47 Board to comply with Government policy
[Repealed]Section 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
48 Review of operation of Service
[Repealed]Section 48: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
49 Further provisions applying to Service
[Repealed]Section 49: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
50 Contracts of Board
[Repealed]Section 50: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
51 Transitional provisions applying to Board
[Repealed]Section 51: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
Schedule 1 Rates of New Zealand superannuation and veterans’ pensions
[Repealed]Schedule 1: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Schedule 2 Payments on death of veteran or veteran’s spouse
[Repealed]s 12
Schedule 2: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Schedule 3 Provisions applying in respect of New Zealand Artificial Limb Service
s 49
Schedule 3: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
1 Term of office
[Repealed]Schedule 3 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
2 Continuation in office after term expires
[Repealed]Schedule 3 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
3 Extraordinary vacancies
[Repealed]Schedule 3 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
4 Presiding member and deputy presiding member
[Repealed]Schedule 3 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
5 Meetings
[Repealed]Schedule 3 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
6 Presiding member to preside at meetings
[Repealed]Schedule 3 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
7 Appointment of deputies
[Repealed]Schedule 3 clause 7: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
8 Voting at meetings
[Repealed]Schedule 3 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
9 Procedure
[Repealed]Schedule 3 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
10 Board may appoint committees
[Repealed]Schedule 3 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
11 Fees and travelling allowances
[Repealed]Clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
12 Employees
[Repealed]Schedule 3 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
13 Personnel policy
[Repealed]Schedule 3 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
14 Equal employment opportunities programme
[Repealed]Schedule 3 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
15 Choice of procedure
[Repealed]Schedule 3 clause 15: repealed, on 1 December 2004, by section 72 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
16 Superannuation or retiring allowances
[Repealed]Schedule 3 clause 16: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
17 Application of certain Acts to members and employees
[Repealed]Schedule 3 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
18 Funds of Board
[Repealed]Schedule 3 clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
19 Bank accounts
[Repealed]Schedule 3 clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
20 Investment of money
[Repealed]Schedule 3 clause 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
21 Seal
[Repealed]Schedule 3 clause 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
22 Exemption from income tax
[Repealed]Schedule 3 clause 22: repealed, on 26 November 2018, by section 15 of the Artificial Limb Service Act 2018 (2018 No 34).
23 Annual report
[Repealed]Schedule 3 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
24 Statement of Board’s goals
[Repealed]Schedule 3 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
25 Members not personally liable
[Repealed]Schedule 3 clause 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 4 Rates of transitional retirement benefit
[Repealed]s 7A(4)
Schedule 4: repealed, on 31 March 2004, by section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Schedule 5 Specified Pacific countries
[Repealed]s 17B
Schedule 5: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Reprints notes
1 General
This is a reprint of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Artificial Limb Service Act 2018 (2018 No 34): section 15
Social Security Act 2018 (2018 No 32): section 456(1)
Veterans’ Support Act 2014 (2014 No 56): section 278
Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132)
New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1)
Crown Entities Act 2004 (2004 No 115): section 200
Employment Relations Amendment Act (No 2) 2004 (2004 No 86): section 72
War Pensions Amendment Act 2003 (2003 No 18): section 12(1)
Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8)
New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84): section 77
Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88)
Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): sections 11, 12(c)
Social Security Amendment Act (No 4) 1997 (1997 No 63): section 6(4)(c)
War Pensions Amendment Act 1996 (1996 No 156): section 2(2)
Social Security Amendment Act 1996 (1996 No 20): section 45(1)
Income Tax Act 1994 (1994 No 164): section YB 3(1)
Social Security Amendment Act 1994 (1994 No 86): section 3(4)(c)
Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149)
Social Security Amendment Act (No 3) 1993 (1993 No 57): section 10(2)(d)
Social Security Amendment Act (No 2) 1991 (1991 No 78): section 16(2)(e)
Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77)
Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4)
Social Security Amendment Act 1991 (1991 No 1): sections 7(2)(k), 24(3)(b), 32(2)(a)
Social Security Amendment Act (No 2) 1990 (1990 No 74): sections 2(2)(b), 11(2)(d)
Versions
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
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