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New Zealand Superannuation and Veterans' Pension Legislation Amendment Bill (Consistent) [2019] NZBORARp 51 (18 September 2019)
Last Updated: 11 March 2020
18 September 2019
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: New Zealand
Superannuation and Veterans' Pension Legislation Amendment Bill
- We
have considered whether the New Zealand Superannuation and Veterans' Pension
Legislation Amendment 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’).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO 21243/16.0). We will provide
you with further advice if the final version includes amendments that affect the
conclusions in
this advice.
- The
Bill principally amends the New Zealand Superannuation and Retirement Income Act
2001, Social Security Act 2018 and Veterans’
Support Act 2014 (‘the
principal Acts’) with the objective of modernising and simplifying New
Zealand Superannuation
(‘NZS’) and Veteran’s Pension
(‘VP’) processes. The Bill also includes consequential amendments to
the Income Tax Act 2014 and the Tax Administration Act 1994.
- Specifically,
the Bill:
- removes
the existing option for a qualifying recipient of NZS or VP to include their
non-qualified partner in their rate of NZS or
VP;
- removes
the deduction of a government-administered overseas pension received by one
person from their spouse or partner’s NZS
or VP
rate;
- introduces
a new provision to provide more equitable treatment of people who volunteer
overseas for secular charitable organisations
when calculating their length of
residence requirements for superannuation;
- exempts
any voluntary component of a government-administered overseas pension from
‘direct deduction’;
- extends
the ‘living alone rates’ to include people living in self-contained
mobile homes, and allows other accommodation
of a kind to be prescribed by
regulations;
- increases
the level of wage indexation required in legislation; and
- makes
a number of other minor technical amendments to the principal
Acts.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Edrick Child
Acting Chief Legal Counsel Office of Legal Counsel
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URL: http://www.nzlii.org/nz/other/NZBORARp/2019/51.html