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Social Assistance (Payment of New Zealand Superannuatio=?ISO-8859-1?Q?n_and_Veteran=92s_Pe?=nsions Overseas) Amendment Bill (Consistent) [2008] NZBORARp 36 (20 August 2008)

Last Updated: 19 March 2020

Social Assistance (Payment of New Zealand Superannuation

and Veteran’s Pensions Overseas) Amendment Bill

20 August 2008

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

SOCIAL ASSISTANCE (PAYMENT OF NEW ZEALAND SUPERANNUATION AND VETERAN’S

PENSION OVERSEAS) AMENDMENT BILL

1. We have assessed whether the Social Assistance (Payment of New Zealand

Superannuation and Veteran’s Pensions Overseas) Amendment Bill ("the Bill") (PCO

13170/9.2) is consistent with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 28 August 2008.

2. The Bill seeks to amend the New Zealand Superannuation and Retirement Income Act

2001, the War Pensions Act 1954, and the Social Security Act 1964 to make it easier for superannuitants and veteran’s pensioners to travel or retire overseas.

3. The Bill will achieve this by allowing qualifying superannuitants and veteran’s pensioners:

(i) who wish to travel to, or in, or between any overseas countries to retain their entitlement to New Zealand superannuation or veteran’s pension, whether they later become resident in any country with which New Zealand has no agreement relating to reciprocity of social security monetary benefits (not being a specified Pacific country) or not;

(ii) who wish to reside in any country with which New Zealand has no agreement relating to reciprocity of social security monetary benefits (not being a specified Pacific country) to retain their entitlement to New Zealand superannuation or veteran’s pension, whether they remain resident in that country, become resident in another such country or begin travelling; to receive payment of New Zealand superannuation or veteran’s pension

overseas based on a formula of 1/540th of the full rate for each month of residence in New

Zealand between the ages of 20 and 65.

4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Michael Petherick

Manager, Ministerial Advice

Office of Legal Counsel

Stuart Beresford
Manager
Human Rights/Bill of Rights Team

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Social Assistance (Payment of New Zealand Superannuation and Veteran’s Pensions Overseas) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.