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[2018] NZBORARp 16
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Accident Compensation (Recent Migrants and Returning New Zealanders) Amendment Bill (Consistent) (Section) [2018] NZBORARp 16 (14 February 2018)
Last Updated: 3 January 2019
14 February 2018
Hon David Parker, Attorney-General
LEGAL ADVICE
LPA 01 01 23
Consistency with the New Zealand Bill of Rights Act 1990: Accident
Compensation (Recent Migrants and Returning New Zealanders) Amendment
Bill
- We
have considered whether the Accident Compensation (Recent Migrants and Returning
New Zealanders) Amendment Bill (‘the Bill’),
a member’s Bill
in the name of Melissa Lee MP, is consistent with the rights and freedoms
affirmed in the New Zealand Bill
of Rights Act 1990 (‘the Bill of Rights
Act’).
- The
Bill amends the Accident Compensation Act 2001. The Bill’s general policy
statement notes that a small group of migrants
and returning New Zealanders,
upon reaching superannuation age, are not eligible to receive New Zealand
superannuation as they do
not meet the residential qualifications. The
Bill’s purpose is to allow that group to continue receiving Accident
Compensation
Corporation (‘ACC’) weekly compensation until such
point that they meet the residential qualification criteria set out
in s 8 of
the New Zealand Superannuation and Retirement Income Act 2001.
- Under
the current scheme, the weekly compensation ACC provides to claimants ceases
once a person reaches the New Zealand superannuation
qualification age. This
includes those who are not eligible to receive New Zealand superannuation as
they do not meet the residential
qualifications. The Bill is designed to enable
that group to receive weekly compensation to the amount equivalent to the
current
rate of New Zealand superannuation until they become eligible to receive
New Zealand superannuation.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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