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Government Superannuation Fund Amendment Bill (Consistent) [2008] NZBORARp 39 (21 August 2008)

Last Updated: 19 March 2020

Government Superannuation Fund Amendment Bill

21 August 2008

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: GOVERNMENT SUPERANNUATION FUND AMENDMENT BILL

1. We have considered whether the Government Superannuation Fund Amendment

Bill (PCO 13291/6.0) ('the Bill') is consistent with the New Zealand Bill of Rights Act

1990 ('Bill of Rights Act'). We understand that this Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 28 August 2008.

2. We understand that the Bill might still be subject to some minor textual changes before it is submitted to Cabinet. It is unlikely that those changes will raise any issues under the Bill of Rights Act, but we will provide you with further advice should this prove necessary.

3. The Bill seeks to ensure that all Government Superannuation Fund (GSF) and National Provident Fund (NPF) annuitants' benefits are treated consistently with regard to annual cost of living adjustments and that all benefits are annually adjusted based on 100% of the changes in the Consumer Price Index.

4. To that end, the Bill proposes to amend the Government Superannuation Fund

Amendment Act 1969, and the Government Superannuation Fund Amendment Act

1979.

5. The Bill also corrects an error made in the Government Superannuation Fund Amendment Act 1990 and, for that reason, amends the Government Superannuation Fund Act 1956.

6. We have reached the conclusion 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 Government Superannuation Fund 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.