KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019

  • Corrections have been made to section 7 on 29 August 2019 under section 25(1)(j)(iii), (iv) of the Legislation Act 2012.
1 Title

This Act is the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the KiwiSaver Act 2006 (the principal Act).

4 Section 4 amended (Interpretation)

(1)

In section 4(1), repeal the definition of CYPFA guardian.

(2)

In section 4(1), definition of guardian, replace “CYPFA guardian” with “Oranga Tamariki guardian”.

(3)

In section 4(1), insert in its appropriate alphabetical order:

Oranga Tamariki guardian, of a person (B), means any person—

(a)

appointed by an order under section 110 of the Oranga Tamariki Act 1989 as the sole guardian of B or as a guardian of B in addition to any other guardians of B; or

(b)

appointed by an order under section 113A of that Act as a special guardian of B; or

(c)

whose sole guardianship of B arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)(e) of that Act who, on his or her death, was B’s sole guardian)

5 Section 35 amended (Opting in by persons under 18)

(1)

Replace section 35(3) with:

(3)

A person who is 16 or 17 years old with a guardian or an Oranga Tamariki guardian may opt in if the person and 1 of their guardians or Oranga Tamariki guardians jointly contract directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—

(a)

contracting directly with the provider; and

(b)

18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and

(c)

opting in under section 34(1)(a).

(2)

Replace section 35(5) with:

(5)

A person who is less than 16 years with an Oranga Tamariki guardian may opt in if 1 of the person’s Oranga Tamariki guardians (independently from the person, and from all other, if any, Oranga Tamariki guardians, guardians, or both, of the person) contracts directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—

(a)

contracting directly with the provider; and

(b)

18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and

(c)

opting in under section 34(1)(a).

(3)

In section 35(6), replace “CYPFA” with “Oranga Tamariki” in each place.

6 Section 59CB amended (Confirmed back-dated validation for those under 18 years at time of enrolment or opt-in)

After section 59CB(9), insert:

(10)

References in this section to a guardian include an Oranga Tamariki guardian.

7 New section 242 inserted (Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019)

After section 241, insert:

242 Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019

Non-compliance with financial markets legislation, as defined in section 6(1) of the Financial Markets Conduct Act 2013, or the Fair Trading Act 1986 is ignored if the non-compliance results from the enactment of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019 and—

(a)

the non-compliance does not continue on or after the expiry of the 2-month period that starts on the date of Royal assent of that Act; or

(b)

the non-compliance relates to a product disclosure statement under the Financial Markets Conduct Act 2013 and the period of the non-compliance ends before the expiry of the 4-month period that starts on the date of Royal assent of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.

Legislative history

5 April 2018

Introduction (Bill 53–1)

5 September 2018

First reading and referral to Social Services and Community Committee

5 April 2019

Reported from Social Services and Community Committee

(Bill 53–2)

26 June 2019

Second reading

31 July 2019

Committee of the whole House

21 August 2019

Third reading

26 August 2019

Royal assent

This Act is administered by the Inland Revenue Department.