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Social Assistance (Extension of Residency Qualification) Legislation Bill (Consistent) (Section 19) [2018] NZBORARp 26 (14 March 2018)
Last Updated: 3 January 2019
14 March 2018
Hon David Parker, Attorney-General
LEGAL ADVICE
LPA 01 01 23
Consistency with the New Zealand Bill of Rights Act 1990: Social
Assistance (Extension of Residency Qualification) Legislation Bill
- We
have considered whether the Social Assistance (Extension of Residency
Qualification) Legislation Bill (‘the Bill’)
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 New Zealand Superannuation and Retirement Income Act 2001 and
the Veterans’ Support Act 2014 to alter the
residential qualifications for
New Zealand superannuation and the veteran’s pension. The amendments will
allow the requirement
that a person be resident and present in New Zealand for
five years over the age of 50, to be met instead with residence and presence
in
any of New Zealand, the Cook Islands, Niue, or Tokelau, or any combination of
those places.
- We
have considered whether extending the residence requirement to include residence
in the Cook Islands, Niue or Tokelau could constitute
a limit on the right to be
free from discrimination affirmed in s 19 of the Bill of Rights Act, on the
grounds of national or ethnic
origins. As the distinction is based on residence
and presence in a particular country or territory rather than a person’s
national or ethnic origins, we consider this Bill does not limit the right to be
free from discrimination.
- 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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