1: Title
This Act is the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014.
2: Commencement
This Act comes into force on 31 August 2015 or an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 7 July 2014 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Commencement Order 2014
3: Principal Act
This Act amends the Social Security Act 1964 principal Act OIC LI 2014/169 2014-07-07 Social Security Act 1964 OIC above has over-ridden Commencement section found in section 2 above.
1: Substantive amendments
Review of decisions
4: Section 10A amended (Review of decisions)
1: In the heading to section 10A decisions of chief executive made under delegation by other decision makers
2: Replace section 10A(1)
1: This section applies to a person and a decision both of which are specified in any 1 of the rows of the following table, but only if the decision is made by a decision maker in the exercise of any power, function, or discretion conferred on the decision maker by delegation: Row Person Decision 1 An applicant or beneficiary affected by the decision (with beneficiary affected section 12J(1) section 12J(4) and (5) A decision of the chief executive made under any enactment referred to in any of the paragraphs of section 12J(1) section 12J(2) or (3) 2 An applicant or beneficiary or other person A decision of the chief executive made—
a: in relation to the applicant or beneficiary or other person; and
b: using a power under section 19D(1)(a) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (referred to in section 12J(7) 3 A beneficiary's spouse or partner A decision of the chief executive made—
a: in relation to the beneficiary's spouse or partner; and
b: under section 86(3) (referred to in section 12J(8) section 12J(9) 4 The personal representative of a deceased beneficiary A decision of the chief executive made—
a: in relation to the estate of the deceased beneficiary; and
b: under section 86(4) (referred to in section 12J(10) 5 The personal representative of a beneficiary's deceased spouse or partner A decision of the chief executive made—
a: in relation to the estate of the beneficiary's deceased spouse or partner; and
b: under section 86(5) (referred to in section 12J(11) section 12J(12) 6 A beneficiary's spouse or partner A decision of the chief executive made—
a: in relation to the beneficiary's spouse or partner; and
b: under section 86AA section 12J(13) section 12J(14)
3: Repeal section 10A(1C) Rights of appeal
5: Section 12J replaced (Rights of appeal)
Replace section 12J
12J: Rights of appeal
Decisions or determinations under specified social assistance enactments
1: Any applicant or beneficiary affected may appeal to the Appeal Authority against any decision or determination of the chief executive under—
a: any of the provisions of Parts 1A to 1P, Part 2, Part 4, or Part 5; or
b: a welfare programme approved by the Minister under section 124(1)(d); or
c: Part 6 of the War Pensions Act 1954; or
d: Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
e: the Family Benefits (Home Ownership) Act 1964; or
f: any regulations in force under section 132A or 155 of this Act.
2: No appeal lies under subsection (1)(a)
3: No appeal lies under subsection (1)(a)
4: Subsection (1)
5: For the purposes of subsection (1)
6: A decision referred to in subsection (1) section 83AA
a: it is an amount in excess of the amount to which the spouse or partner is by law entitled or to which the spouse or partner has no entitlement; and
b: it is an amount obtained by fraud by the spouse or partner. Decisions under mutual assistance provisions in reciprocity agreements
7: An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision that was made in relation to that person by the chief executive under the power conferred by section 19D(1)(a) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990. Decisions under section 86(3) to recover excess amount from spouse or partner
8: A beneficiary's spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(3) to recover from that spouse or partner (under sections 85A and 86(1)
9: A decision referred to in subsection (8)
a: the decision that, in the chief executive's opinion, the beneficiary's spouse or partner has made a false statement to or otherwise misled any officer engaged in the administration of this Act, in relation to any matter:
b: the decision that, as a result of the beneficiary's spouse or partner making a false statement to or otherwise misleading any officer engaged in the administration of this Act, the benefit or an instalment of benefit was paid in excess of the amount to which the beneficiary was by law entitled. Decisions under section 86(4) to recover excess amount from deceased beneficiary's estate
10: The personal representative of a deceased beneficiary may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(4) to recover from the beneficiary's estate (under sections 85A and 86(1) Decisions under section 86(5) to recover excess amount from deceased spouse's or partner's estate
11: The personal representative of a beneficiary's deceased spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(5) to recover from that spouse's or partner's estate (under sections 85A and 86(1)
12: Subsection (11) Decisions under section 86AA to recover excess amount from spouse or partner
13: A beneficiary's spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86AA 86(1)
14: Subsection (13) Debt recovery decisions include related decisions on deferral, rate, and methods
15: A reference in this section to a decision to recover an amount from a person or estate includes, without limitation, all related decisions on all or any of the temporary deferral, rate, or method or methods, of debt recovery from the person or estate. General restriction on appeals under this section
16: A decision cannot be appealed against under any other provision of this section unless the decision—
a: has been confirmed or varied by a benefits review committee under section 10A; or
b: was made by the chief executive other than pursuant to a delegation. Authority is not authorised to hear and determine certain appeals on medical or capacity grounds
17: The Appeal Authority does not have the authority to hear and determine any appeal on medical grounds, grounds relating to incapacity, or grounds relating to capacity for work, against any decision or determination of the chief executive in respect of—
a: a supported living payment on the ground of sickness, injury, disability, or total blindness; or
b: a child disability allowance under section 39A; or
c: a veteran's pension under section 70 of the War Pensions Act 1954; or
d: jobseeker support on the ground of sickness, injury, or disability. Application of determinations that, and when, person single or married
6: Section 63 amended (Conjugal status for benefit purposes)
In section 63 Part 4 (and with every determination under this section also applying for every debt-recovery or offence provision in or under this Act), but subject to section 151, Debts due to the Crown
7: New section 83AA inserted (Apportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other's fraud)
After section 83
83AA: Apportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other's fraud
1: This section applies to the following situation:
a: a benefit is apportioned under section 83(1) or (2) between spouses or partners so that—
i: one proportion of the benefit ( proportion A A
ii: another proportion of the benefit ( proportion B B
iii: the person entitled to the benefit, for the purposes of section 83(1) and (2), is either A or B; and
b: some or all of proportion A is—
i: an amount in excess of the amount to which A is by law entitled or to which A has no entitlement; and
ii: an amount obtained by fraud by A; and
iii: a debt referred to in section 85A due to the Crown, and subject to recovery under section 86(1)
c: some or all of proportion B either is, or is not,—
i: an amount in excess of the amount to which B is by law entitled or to which B has no entitlement; and
ii: an amount obtained by fraud by B; and
iii: a debt referred to in section 85A due to the Crown, and subject to recovery under section 86(1)
d: B either knew, or ought to have known (even if B did not know), of the fraud by A.
2: In the situation to which this section applies, B is jointly and severally liable for A's debt referred to in subsection (1)(b) section 86(1)
3: This section does not limit or affect any civil or criminal liability under any other law—
a: of A for, or in respect of, the debt referred to in subsection (1)(b)
b: of B for, or in respect of, the debt referred to in subsection (1)(c)
4: An amount is obtained by fraud by a person (whether A or B) for the purposes of this section if the person—
a: obtained that amount by fraud (and, for the purposes of this paragraph, fraud
i: made any statement knowing it to be false in any material particular; or
ii: knowingly said or did anything or omitted to do or say anything for the purpose of misleading any officer concerned in the administration of this Act); or
b: is convicted of a specified offence (as defined in section 127A(5)
5: Subsection (4)
a: the generality of the references in subsection (1)
b: the operation of section 49 (conviction as evidence in criminal proceedings) of the Evidence Act 2006.
8: Section 85A amended (Payments that are debts due to the Crown)
In the heading to section 85A Crown : general
9: New section 85B inserted (Payments that are debts due to the Crown: examples)
After section 85A
85B: Payments that are debts due to the Crown: examples
1: Debts referred to in section 85A(a) (penalty) and (e) (debt due to the Crown) include a penalty under section 86(2) (recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement).
2: Debts referred to in section 85A(b) (conditional or provisional benefit that person is liable to repay) include the following:
a: an amount directed to be repayable under section 60H(6)(b) (voluntary unemployment or loss of employment through misconduct, etc):
b: an amount the person granted a benefit is liable to repay under section 61CC(2)(a) (granting of emergency benefits during epidemic in New Zealand), and to which section 85A(b) applies in accordance with section 61CC(2)(b):
c: an amount recoverable under section 80BB(5)
d: an amount recoverable under section 80BC(3)
e: an amount the person participating in approved activities is liable to repay under section 123B (effect of participation in certain activities on non-entitlement period).
3: Debts referred to in section 85A(b) (conditional or provisional benefit that person is liable to repay) and (e) (debt due to the Crown) include the following:
a: an amount recoverable under section 68A(5) (special provisions applying to insurance payments):
b: an amount recoverable under section 71(1)(b) (special provisions where compensation or damages recoverable by applicant).
4: Debts referred to in section 85A(e) (debt due to the Crown) include the following:
a: an excess amount recoverable under section 86(3) (recovery from spouse or partner who makes false statement to or otherwise misleads department of excess amount beneficiary obtained):
b: an excess amount recoverable under section 86(4) (recovery from estate of deceased beneficiary of excess amount beneficiary obtained):
c: an excess amount recoverable under section 86(5) (recovery from estate of beneficiary's deceased spouse or partner of excess amount beneficiary obtained):
d: an excess amount recoverable under section 86AA(5)
5: Debts referred to in section 85A(f) (overpayments under this Act) include the following:
a: an amount recoverable under section 86 or 86AA
b: amounts recoverable under section 86E(2)
c: an amount recoverable under section 86I(3) (penalty for late deductions):
d: an amount that regulations made under section 132AC(1)(i) provide is a debt due to the Crown under section 85A(f).
6: This section does not limit the generality of section 85A. Recovery of amounts in excess of entitlements and related penalties
10: Section 86 amended (Recovery of payments made in excess of authorised rates)
1: Replace section 86(1) and (1A) Chief executive's duty to recover debt in section 85A
1: The chief executive is under a duty imposed by this subsection to take all reasonably practicable steps to recover a debt referred to in section 85A.
1A: Subsection (1)
a: subsections (9A) and (9B) (debts caused wholly or partly by errors to which debtors did not intentionally contribute):
b: any regulations (providing for remittance or suspension of debt) made under section 132G:
c: the debt falling within any 1 or more classes, descriptions, or kinds of debts specified in a written determination made by the chief executive for the purposes of this paragraph as debts that it is uneconomic to recover:
d: the debt falling within any 1 or more classes, descriptions, or kinds of debts specified in a written authorisation given jointly by the Minister and by the Minister of Finance for public finance purposes generally as debts that are to be written off.
2: After section 86(1B)
1BA: In performing the duty imposed by subsection (1)
a: must determine from time to time the rate of recovery and method or methods of recovery to be used and, in doing so, must have regard to all relevant considerations, including, without limitation, any identified in directions under subsection (1BC)
b: may from time to time, if satisfied of the existence in the particular case of circumstances of a kind identified by directions under subsection (1BC)
1BB: The method or methods of recovery that the chief executive may determine is or are to be used are as follows:
a: bring proceedings in the name of the chief executive:
b: deduct all or part of that debt from any amount payable to that person by the department as a benefit or a student allowance:
c: for a debt referred to in section 85A(d) (recoverable special assistance money under an approved welfare programme), deduct all or part of that debt from any payment of a grant of special assistance under a welfare programme approved under section 124(1)(d).
1BC: The Minister must give to the chief executive, and ensure that there are in force (as from time to time amended or replaced) at all times on and after the commencement of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014, directions for the purposes of subsection (1BA)(a) and (b)
a: identify for subsection (1BA)(a)
b: identify for subsection (1BA)(b)
1BD: Directions under subsection (1BC)
a: must as soon as practicable after they are given be published by the Minister in the Gazette
b: are disallowable instruments for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.
3: Before section 86(2) Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement .
4: Before section 86(3) Recovery from spouse or partner who makes false statement to or otherwise misleads department of excess amount beneficiary obtained .
5: In section 86(3) , in relation to his or her income or other personal circumstances, , in relation to any matter,
6: After section 86(3)
3A: Subsection (3) enables recovery from the spouse or partner on the basis that he or she is jointly and severally liable, and therefore does not limit or affect—
a: recovery under section 85A(e) or (f) and subsection (1)
b: any other civil or criminal liability of the beneficiary, under any other laws, in respect of that excess amount.
7: Before section 86(4) Recovery from estate of deceased beneficiary of excess amount beneficiary obtained .
8: In section 86(4) owing due
9: Before section 86(5) Recovery from estate of beneficiary's deceased spouse or partner of excess amount beneficiary obtained .
10: In section 86(5) owing due
11: Before section 86(6) Making, notice, and review of assessment of amount under subsection (4) or (5) .
12: Before section 86(9A) Debts caused wholly or partly by errors to which debtors did not intentionally contribute .
13: After section 86(9B) Approved welfare programmes: special assistance payments
9C: This section and section 86AA
a: as if it were made by way of benefit under Parts 1A to 1P; and
b: as if the person to whom the payment was made were a beneficiary entitled to a benefit of the amount determined under section 124(2A)(b). Fraud measures: recovery of unapportioned excess amount obtained by fraud
11: New section 86AA inserted (Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud)
After section 86
86AA: Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
1: Beneficiary
a: who has obtained any payment, or received any credit or advance, referred to in section 85A in excess of the amount to which he or she was entitled or to which he or she has no entitlement; and
b: who, in the chief executive's opinion, obtained that payment or credit or advance in excess by fraud.
2: An amount is obtained by fraud by a person for the purposes of subsection (1)
a: obtained that amount by fraud (and, for the purposes of this paragraph, fraud
i: made any statement knowing it to be false in any material particular; or
ii: knowingly said or did anything or omitted to do or say anything for the purpose of misleading any officer concerned in the administration of this Act); or
b: is convicted of a specified offence (as defined in section 127A(5)
3: Subsection (1)
a: the generality of the references in subsection (1)
b: the operation of section 49 (conviction as evidence in criminal proceedings) of the Evidence Act 2006.
4: Subsection (5)
a: knowingly benefited directly or indirectly from the beneficiary's fraud; or
b: ought to have known (even if the spouse or partner did not know) that the spouse or partner was benefiting directly or indirectly from the beneficiary's fraud.
5: The amount in excess that the beneficiary obtained by the beneficiary's fraud is a debt due to the Crown under section 85A(e) or (f), and subject to recovery under section 86(1)
6: Subsection (5)
a: recovery under sections 85A(e) or (f) and 86(1) subsection (5)
b: any other civil or criminal liability of the beneficiary, under any other laws, in respect of that excess amount.
7: Section 86(2) and this section apply, in accordance with section 124(2A), to a payment to which section 124(2) applies—
a: as if it were made by way of benefit under Parts 1A to 1P; and
b: as if the person to whom the payment was made were a beneficiary entitled to a benefit of the amount determined under section 124(2A)(b). Recovery of amounts in excess of entitlements and related penalties
12: Section 124 amended (Money payable out of Crown Bank Account)
In section 124(2A) and 86, , 86, and 86AA Fraud measures: offences
13: New section 127A inserted (Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary's fraud)
After section 127
127A: Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary's fraud
1: A person (the spouse or partner
a: is a spouse or partner of a person (the beneficiary
b: benefits directly or indirectly from the amount or a part of it knowing that, or being reckless about whether, the amount or part is an amount or part—
i: in excess of the amount to which the beneficiary is by law entitled or to which the beneficiary has no entitlement; and
ii: obtained by the beneficiary by fraud.
2: Subsection (1)(b)
a: does not benefit from it knowingly; and
b: does not know at all or exactly its value; and
c: does not know, or (as the case requires) is not reckless about, the precise way in which it was obtained by the beneficiary by fraud.
3: The beneficiary obtains an excess amount for the purposes of subsection (1)
4: The excess amount is obtained by the beneficiary by fraud for the purposes of subsection (1)
a: the beneficiary obtained that amount by fraud (as defined in sections 83AA(4)(a) and 86AA(2)(a)
b: the beneficiary is convicted of a specified offence in respect of obtaining that amount.
5: Specified offence subsection (4)(b)
a: section 228 (dishonestly taking or using document):
b: sections 240 and 241 (obtaining by deception or causing loss by deception):
c: section 256(1) and (2) (forgery):
d: section 257 (using forged documents):
e: section 258 (altering, concealing, destroying, or reproducing documents with intent to deceive):
f: section 259 (using altered or reproduced document with intent to deceive).
6: Subsections (4) and (5)
a: the generality of the references in subsection (1)
b: the operation of section 49 (conviction as evidence in criminal proceedings) of the Evidence Act 2006.
7: A person who commits an offence under subsection (1)
a: imprisonment for a term not exceeding 12 months:
b: a fine not exceeding $5,000.
2: Consequential amendments, and application, savings, and transitional provisions
Consequential amendments
14: Section 3C replaced (Transitional and savings provisions relating to amendments to this Act)
Replace section 3C
3C: Transitional and savings provisions relating to amendments to this Act
1: The transitional and savings provisions set out in Schedule 32, which relate to amendments to this Act that come into force on or after 1 July 2001, have effect for the purposes of this Act.
2: The transitional and savings provisions relating to, or to the provisions of, the amendment Acts specified in the first column of the following table are set out in the Parts of Schedule 32 specified in the second column of that table: Amendment Act or provisions of it Schedule 32 Part Social Security Amendment Act 2001 Part 1 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Part 2 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Part 3 .
15: Section 12K amended (Procedure on appeal)
Replace section 12K(1C)(a)
a: the person to whom section 12J gives the right to appeal against the decision or determination; and .
16: Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)
In section 60H(7) may be recovered from the person under section 86(1) is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1)
17: Section 68A amended (Special provisions applying to insurance payments)
In section 68A(5) may be recovered as a debt due to the Crown from the applicant or person or the person liable to make the payment is a debt due to the Crown under section 85A(b) and (e), and subject to recovery under section 86(1)
18: Section 71 amended (Special provisions where compensation or damages recoverable by applicant)
In section 71(1)(b) may be recovered as a debt due to the Crown is a debt due to the Crown under section 85A(b) and (e), and subject to recovery under section 86(1)
19: Section 80BB amended (Delayed redundancy and retirement payments)
1: In section 80BB(4) The chief executive may recover from the person, under section 86(1), This subsection applies to
2: After section 80BB(4)
5: A payment to which subsection (4) applies is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1)
20: Section 80BC amended (Seasonal workers made redundant after benefit commences)
1: In section 80BC(2) The chief executive may, under section 86(1), recover from a person referred to in subsection (1) This subsection applies to
2: After section 80BC(2)
3: A payment to which subsection (2) applies is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1)
21: Section 82 amended (Payment of benefits)
In section 82(6) may be recovered under section 86(1) is a debt due to the Crown under section 85A(c), and subject to recovery under section 86(1)
22: Section 83A amended (Tax on benefits)
In section 83A(5) as a debt due to the Crown within the meaning of section 85A under sections 85A and 86
23: Section 86A amended (Deduction notices for debt)
1: In section 86A(1) Where any amount of money may be recovered from any person as a debt due to the Crown under this Act If an amount of money that is a debt due to the Crown referred to in section 85A and that is subject to recovery under section 86(1)
2: In section 86A(2) all reasonable steps some other reasonably practicable steps
24: Section 86C amended (Discharge of debt)
In section 86C section 86 section 86(1)
25: Section 86E amended (Deductions held in trust)
1: In section 86E(b) ; and, without prejudice to any other remedies against the debtor or any other person, any amounts deducted shall be held in trust for the Crown and shall be recoverable under section 86 as if it were money payable under a benefit to which the person who made the deduction was not entitled
2: After section 86E(b)
2: Any amounts deducted must be held in trust for the Crown, and are debts due to the Crown under section 85A(f), and subject to recovery under section 86(1)
3: Any holding and recovery in accordance with subsection (2)
26: Section 86I amended (Penalty for late deductions)
In section 86I(3) may be recovered under section 86 is a debt due to the Crown under section 85A(f), and subject to recovery under section 86(1)
27: Section 123B amended (Effect of participation in certain activities on non-entitlement period)
In section 123B(7) may be recovered by the chief executive under section 86(1) is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1)
28: Section 124 amended (Money payable out of Crown Bank Account)
In section 124(2A) and 86 , 86, and 86AA
29: Section 127 amended (Offences)
In the heading to section 127 Offences : false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
30: Section 132G amended (Regulations providing for remittance or suspension of debt)
In section 132G(1)(a) section 86(1) to (1B) and (3) to (5) sections 86(1) to (1B) and (3) to (5) and 86AA
31: Section 151 amended (Conjugal status for purpose of means assessment)
Replace section 151(1) and (2) The chief executive cannot under section 63 determine that, for the purposes of this Part, a person is single by reason only that the person or his or her spouse or partner—
a: is a resident assessed as requiring care; or
b: has become unable to affirm his or her marriage or civil union.
32: Schedule 32 amended
1: In Schedule 32 Social Security Amendment Act 2001
Part 1: Social Security Amendment Act 2001
.
2: In Schedule 32 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
Part 2: Social Security (Benefit Categories and Work Focus) Amendment Act 2013
.
3: In Schedule 32
Part 3: Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
18: Certain review and appeal amendments apply to decisions made before commencement
1: The following provisions apply to decisions made before the commencement of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014:
a: rows 1 and 2 section 10A(1) section 4(2)
b: section 12J(1) to (7) and (15) to (17) section 5
2: Subclause (1) sections 10A(1) and 12J
19: Amendments generally apply in respect of excess amounts obtained or received before or after commencement
1: Every enactment that is amended or inserted by the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014, and that is not specified in subclause (3)
a: in excess of the amount to which the person is by law entitled or to which the person has no entitlement; and
b: before or after the commencement of that Act.
2: Every enactment specified in subclause (3)
a: in excess of the amount to which the person is by law entitled or to which the person has no entitlement; and
b: after that commencement.
3: The following enactments apply only to, or in respect of, an amount of the kind specified in subclause (2)
a: section 83AA section 7
b: section 86(3) and (3A) section 10(5) and (6)
c: section 86AA section 11
d: section 127A section 13
20: Amendment, review, or replacement of existing debt-recovery decisions or determinations
1: This clause applies to a decision or determination that is in force immediately before the commencement of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 and that relates to either or both of the rate and method of recovery of an amount that a person has obtained or received—
a: in excess of the amount to which the person is by law entitled or to which the person has no entitlement; and
b: before that commencement.
2: The decision or determination is not required by section 86(1BA) section 10(2)
33: Social Security (Childcare Assistance) Regulations 2004 amended
1: This section amends the Social Security (Childcare Assistance) Regulations 2004
2: Replace regulation 28(1)
1: A payment of childcare assistance that is an overpayment (within the meaning of section 85A(f) of the principal Act) is—
a: a debt due to the Crown under section 85A(f) of the principal Act from the applicant; and
b: subject to recovery under section 86(1) OIC LI 2014/169 2014-07-07 Social Security (Childcare Assistance) Regulations 2004 or an earlier date appointed by the Governor-General by Order in Council
34: Social Security (Debt Recovery Suspension) Regulations 2007 amended
1: This section amends the Social Security (Debt Recovery Suspension) Regulations 2007
2: In regulation 3 benefit debt benefit debt section 86(1) . OIC LI 2014/169 2014-07-07 Social Security (Debt Recovery Suspension) Regulations 2007 or an earlier date appointed by the Governor-General by Order in Council
35: Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 amended
1: This section amends the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
2: In section 2(1) social security debt may be recovered from any person under section 86 of the Social Security Act 1964 is subject to recovery from any person under section 86(1) OIC LI 2014/169 2014-07-07 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 or an earlier date appointed by the Governor-General by Order in Council


Land Transport Amendment Act 2014

1: Title
This Act is the Land Transport Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Land Transport Act 1998 principal Act 2014-04-23 Land Transport Act 1998
4: New section 269A inserted (Additional fee for certain RUC vehicles)
After section 269
269A: Additional fee for certain RUC vehicles
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe an additional fee payable in respect of—
a: all RUC vehicles (within the meaning of the Road User Charges Act 2012) that are operated on road and that are exempt from paying road user charges under section 38 or 38A
b: 1 or more classes of RUC vehicles that are operated on road and that are exempt from paying road user charges under section 38 or 38A
2: The additional fee—
a: is to be treated as land transport revenue for the purposes of the Land Transport Management Act 2003; and
b: is to be set having regard to—
i: the extent of the use of the vehicles on road; and
ii: the likely costs that the vehicles generate when used on road; and
c: is payable in addition to the fee payable in respect of an application for the licence for a motor vehicle or for the issue of trade plates (as the case may be).
3: An additional fee prescribed under subsection (1)
5: Section 270 amended (Fees and charges identified as land transport revenue)
In section 270(1)
a: after section 269 or 269A
b: after identified or to be treated


Road User Charges Amendment Act 2014

1: Title
This Act is the Road User Charges Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Road User Charges Act 2012 principal Act 2014-04-23 Road User Charges Act 2012
4: Section 9 amended (RUC vehicle must have distance licence)
After section 9(4)
4A: For the purposes of subsection (4), a person has a reasonable excuse if—
a: a RUC licence is displayed or carried on the RUC vehicle concerned; and
b: the RUC licence is not the correct licence for the vehicle's RUC vehicle type and RUC weight; but
c: having regard to the RUC licence displayed or carried, sufficient payment has been made to cover the RUC charges that applied to the vehicle at the time of the offence.
4B: Subsection (4A)
5: Section 12 amended (RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence)
In section 12(5) additional licence, or in accordance with an agreement under section 12A
6: New section 12A inserted (Agreement to pay road user charges in relation to combination of vehicles)
After section 12
12A: Agreement to pay road user charges in relation to combination of vehicles
1: This section specifies the requirements for an agreement to pay road user charges for the purposes of section 12(5).
2: The requirements are that—
a: the agreement is between the owner or operator of the vehicles concerned and the RUC collector; and
b: the agreement relates to 2 or more vehicles (identified in the agreement by their registration numbers) combined to operate together temporarily; and
c: each vehicle concerned has a distance licence; and
d: any permit required under the Land Transport Act 1998 in relation to the combined operation of the vehicles has been issued; and
e: under the agreement, the owner or operator agrees that (to the extent that all relevant information is not included in the agreement) the owner or operator will provide the information to the RUC collector under section 53(2) as soon as practicable after the information becomes available.
7: Section 19 amended (Display of RUC licence)
1: In the heading to section 19 Display or carriage
2: In section 19(1) displayed or carried
3: In section 19(2) displaying or carrying
8: Section 32 amended (Surrender of RUC licence)
In section 32(3) a licence has been surrendered under subsection (2) being satisfied that subsection (1) applies in relation to a RUC licence
9: New section 38A inserted (Exemption of RUC vehicles not required to be registered)
After section 38
38A: Exemption of RUC vehicles not required to be registered
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify the following RUC vehicles as vehicles in respect of which road user charges are not payable:
a: all RUC vehicles that are exempt from registration under the Land Transport Act 1998; or
b: 1 or more classes of RUC vehicles that are exempt from registration under the Land Transport Act 1998.
2: For the purposes of subsection (1)
10: Section 40 amended (Exemption relating to light RUC vehicle operated almost exclusively off-road)
1: Replace section 40(3)(a)
a: is, under regulations made under section 89(l), a light RUC vehicle for which an exemption may be granted; and .
2: In section 40(6) subsection (4) subsection (5)
3: After section 40(6)
7: A person commits an offence who operates, or permits to be operated, a light RUC vehicle in breach of any condition of an exemption granted under this section in relation to the vehicle.
8: A person who commits an offence against subsection (7)
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000.
11: Section 57 amended (Penalty for failure to pay after receipt of notice under section 55(5)(a)
1: In section 57(1)(a) road user
2: After section 57(2)
3: However, subsection (2) does not apply if the person has entered into an instalment arrangement under section 61 and the RUC collector is satisfied that the person is meeting the person's obligations under the arrangement.
12: Section 79 replaced (Power to issue search warrant in respect of alleged offence)
Replace section 79
79: Power to issue search warrant in respect of alleged offence
1: An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or other thing if, on application made by a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds—
a: to suspect that an offence has been, is being, or will be committed against this Act; and
b: to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.
2: The provisions of Part 4 of the Search and Surveillance Act 2012 apply.
3: Despite subsection (2)
13: Section 80 amended (Offence relating to disclosing information acquired during inspection or search)
1: In the heading to section 80 or search
2: Replace section 80(1)
1: A person commits an offence if the person, except in the performance of the person's duties, knowingly discloses any information acquired during an inspection of records or other information under section 66 or 67.
14: Section 89 amended (Other regulations)
1: In section 89(g)
a: replace display of display or carriage of
b: replace display requirements display or carriage requirements
2: Replace section 89(l)(i)
i: that an exemption may be granted for any light RUC vehicle or for 1 or more classes of light RUC vehicles as specified in the regulations: .
15: New sections 90A and 90B and cross-heading inserted
After section 90 RUC collector specifying rates of road user charges
90A: RUC collector may, in certain cases, specify rate of road user charges
1: This section applies if—
a: a vehicle is a RUC vehicle or combination vehicle; and
b: the vehicle or combination vehicle requires a licence; and
c: in the rates of road user charges specified in regulations under section 85, there is no rate that applies to the vehicle or combination vehicle.
2: The RUC collector may, by notice in the Gazette
3: In specifying a rate of road user charge under subsection (2)
4: Section 85(4) and (5) applies to a rate of road user charge specified under this section as if the reference to regulations made under subsection (1) of that section were a reference to a notice in the Gazette subsection (2)
90B: RUC collector to issue assessment for vehicles in respect of which rate specified under section 90A
1: After specifying a rate of road user charge under section 90A
2: The provisions of this Act apply, with any necessary modifications, to an assessment issued under this section as if it were an assessment issued under section 53(1).
16: Search and Surveillance Act 2012 consequentially amended
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule Road User Charges Act 2012 79 Constable may obtain and execute a search warrant for evidence of offences against Road User Charges Act 2012 All (except sections 118 and 119 apply to constables only) 2014-04-23 Search and Surveillance Act 2012


1: Title
This Act is the Psychoactive Substances Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Psychoactive Substances Act 2013 principal Act 2014-05-08 Psychoactive Substances Act 2013
4: Section 4 amended (Principles)
After section 4(e)
f: animals must not be used in trials for the purposes of assessing whether a psychoactive product should be approved.
5: Section 6 amended (Overview)
Repeal section 6(1)(c)(ix)
6: Section 12 replaced (Duty of advisory committee relating to use of animals when evaluating psychoactive products)
Replace section 12
12: Advisory committee not to have regard to results of trials involving animals
1: In performing the function set out in section 11(2)(a), the advisory committee must not have regard to the results of a trial that involves the use of an animal.
2: However, the advisory committee may have regard to the results of a trial undertaken overseas that involves the use of an animal if the advisory committee considers that the trial shows that the psychoactive product would pose more than a low risk of harm to individuals using the product.
7: Section 37 amended (Grounds for approving product)
In section 37
2: To avoid doubt, if the Authority is unable to satisfy itself of the matter in subsection (1)(b), the Authority must refuse to approve a psychoactive product as an approved product.
3: In deciding whether or not to approve a psychoactive product as an approved product, the Authority must not have regard to any particulars, information, documents, or other material relating to any trial that the advisory committee must not have regard to under section 12
8: Schedule 1 amended
Amend Schedule 1 Schedule


1: Title
This Act is the Electronic Transactions (Contract Formation) Amendment Act 2014
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Electronic Transactions Act 2002 principal Act 2014-05-10 Electronic Transactions Act 2002
4: Section 4 amended (Overview)
In section 4(b) 13 13A
5: New section 13A inserted (Time of communication of acceptance of offer)
After section 13
13A: Time of communication of acceptance of offer
1: For the purpose of the formation of a contract, an acceptance by electronic communication of an offer is taken to be communicated to the offeror at the time determined by section 11 to be the time of receipt for that electronic communication.
2: Subsection (1)
a: the parties to the contract otherwise agree; or
b: an enactment provides otherwise.