1: Title
This Act is the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020.
2: Commencement
This Act comes into force on 9 November 2020
1: Amendments to New Zealand Superannuation and Retirement Income Act 2001
3: Amendments to New Zealand Superannuation and Retirement Income Act 2001
This Part amends the New Zealand Superannuation and Retirement Income Act 2001 2020-11-09 New Zealand Superannuation and Retirement Income Act 2001
4: Section 4 amended (Interpretation of Part 1 and Schedule 1)
In section 4(1) charitable entity
5: New section 4AA inserted (Relationship of Part 1 and Schedule 1 with Social Security Act 2018)
After section 4
4AA: Relationship of Part 1 and Schedule 1 with Social Security Act 2018
The Social Security Act 2018 contains provisions relating to the administration, and other aspects, of New Zealand superannuation.
6: Section 4A amended (Meaning of living alone)
1: Replace section 4A(2)
2: The first condition is that person A occupies any of the following kinds of accommodation as person A’s principal residence:
a: a house or flat:
b: a boat or craft moored within the following sea or waters (whether or not it travels within that sea or any of those waters from time to time):
i: the territorial sea of New Zealand or any internal waters of New Zealand:
ii: any waters within New Zealand that are a lake, estuary, lagoon, river, stream, creek, or other waters:
c: a hotel room or motel unit:
d: a room in a boarding house:
e: a unit of accommodation in a caravan park:
f: a mobile home (whether or not it is in a caravan park and whether or not it travels from time to time) that the chief executive is satisfied is sufficiently self-contained to be reasonably habitable as a residence:
g: any other accommodation of a kind prescribed by regulations made under section 35A(1)
2: Repeal section 4A(6)
3: In section 4A(7) waters of New Zealand
7: Cross-heading above section 7 replaced
Replace the cross-heading above section 7 Preliminary and general provisions
8: Section 8 amended (Residential qualification for New Zealand superannuation)
In section 8(c) also
9: Section 9 replaced (Periods of absence that are not counted)
Replace section 9
9: Treatment of various periods of absence
1: For the purposes of section 8(b) and (c)(i), a person must be treated as having been both resident and present in New Zealand during a period of absence from New Zealand if the chief executive is satisfied that—
a: the person was ordinarily resident in New Zealand during the period; and
b: the person—
i: was absent for the purpose of obtaining special medical or surgical treatment or vocational training and that there were good and sufficient reasons for the person leaving New Zealand to obtain that special treatment or training; or
ii: while absent, served as a mariner on board a ship registered or owned in New Zealand and engaged in trading to and from New Zealand; or
iii: while absent, served in any capacity as a member of any naval, military, or air force of any Commonwealth country or served in connection with any war in which New Zealand forces were involved as a member of any organisation attached to any of those forces; or
iv: while absent, was engaged in eligible charitable work.
2: For the purposes of this section, a person is engaged in eligible charitable work
a: full-time voluntary work that—
i: is humanitarian work; and
ii: is carried out for an entity that is, or is affiliated with or closely related to, a charitable entity that has as its principal function the giving of aid and assistance to less advantaged communities in 1 or more countries; and
b: any capacity as an accredited volunteer appointed by Volunteer Services Abroad Incorporated.
3: In this section,— entity voluntary work Volunteer Service Abroad Incorporated
10: Section 10 amended (Periods of absence as missionary also not counted)
1: Replace the heading to section 10 Treatment of periods of absence as missionary
2: Replace section 10(1) and (2)
1: For the purposes of section 8(b) and (c)(i), a person must be treated as having been both resident and present in New Zealand during a period of absence from New Zealand if the chief executive is satisfied that—
a: immediately before the period, the person was ordinarily resident in New Zealand ( see clause 5 of Schedule 1AA
b: one or both of the following apply in relation to the person’s absence:
i: while absent, the person was engaged in missionary work:
ii: the person was absent with the person’s spouse or partner who was engaged in missionary work; and
c: the missionary work was carried out for a charitable entity affiliated with a religious body ( see clause 5 of Schedule 1AA
2: A person is not to be regarded as ending a period of absence referred to in this section merely because the person visited New Zealand during the absence if the arrangement under which the person, or the person’s spouse or partner, was engaged in missionary work continued during the visit.
11: New section 10A inserted (Treatment of periods of absence if New Zealand income tax withheld on overseas earnings)
After section 10
10A: Treatment of periods of absence if New Zealand income tax withheld on overseas earnings
1: For the purposes of section 8(b) and (c)(i), a person must be treated as having been both resident and present in New Zealand during a period of absence from New Zealand if the chief executive is satisfied that one or both of the following apply in relation to the person’s absence:
a: while absent, the person was employed outside New Zealand and the person’s employer (or any other relevant person) made specified payments with respect to the person’s period of employment:
b: the person was absent with the person’s spouse or partner who was employed outside New Zealand and the spouse’s or partner’s employer (or any other relevant person) made specified payments with respect to the spouse’s or partner’s period of employment.
2: This section applies in relation to a person’s period of employment, whether or not the person’s employer (or any other relevant person) failed to pay to the Commissioner of Inland Revenue a deducted or withheld amount of tax, if the chief executive is satisfied that—
a: the person’s employer (or any other relevant person) deducted or withheld tax from specified payments with respect to the person’s period of employment; and
b: the person did not contribute to the employer’s (or any other relevant person’s) failure to pay that tax to the Commissioner.
3: For the purposes of this section, an employer (or any other relevant person) makes a specified payment
a: PAYE income payments (as that term is used in the Income Tax Act 2007) from which the person, the person’s employer, or any other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act; or
b: source deduction payments (as that term is used in the Income Tax Act 2004) from which the person, the person’s employer, or any other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act; or
c: source deduction payments (as that term is used in the Income Tax Act 1994) from which the person, the person’s employer, or any other relevant person must make a tax deduction under the PAYE rules as defined in that Act; or
d: source deduction payments (as that term is used in the Income Tax Act 1976) from which the person, the person’s employer, or any other relevant person must make a tax deduction under Part 11 of that Act; or
e: source deduction payments (as that term is used in the Income Tax Assessment Act 1957) from which the person, the person’s employer, or any other relevant person must make a tax deduction under Part 2 of that Act.
4: See clause 6 of Schedule 1AA
12: Section 12 replaced (Standard rates of New Zealand superannuation)
Replace section 12
12: Rates of New Zealand superannuation
The rate of New Zealand superannuation payable to a person is the appropriate rate specified in Schedule 1.
13: Section 15 amended (Annual adjustment of standard rates of New Zealand superannuation)
1: Replace the heading to section 15 Annual adjustment of rates
2: In section 15(2) paragraphs (a), (b), and (c) of clause 1 and paragraph (b) of clause 2 of Schedule 1 clause 1 of Part 1 of Schedule 1 clause 1(b) of Part 2 of that schedule
3: Replace section 15(3)(b)
b: so that the rate of New Zealand superannuation specified in clause 1(b) of Part 2 of Schedule 1 clause 1 of Part 1 of that schedule
4: After section 15(6)
7: See
14: Section 16 amended (Annual adjustment of New Zealand superannuation: relationship to net average wage)
1: In section 16(1)(a) 65% 66%
2: In section 16(2) Injury Prevention, Rehabilitation, and Compensation Act 2001 Accident Compensation Act 2001
15: Cross-heading above section 17 replaced
Replace the cross-heading above section 17 Effect of long-term residential care or hospitalisation
16: Section 17 amended (Entitlement to benefits for spouses or partners of persons in long-term residential care in hospital or rest home)
1: After section 17(2)
2A: See
2: After section 17(3)
4: This section applies despite anything to the contrary in this Act (except sections 19 and 21 to 35).
17: Section 18 replaced (Single living alone rate for spouses or partners of persons in long-term residential care in hospital or rest home)
Replace section 18
18: Appropriate rate for spouses or partners of persons in long-term residential care in hospital or rest home
The appropriate rate of New Zealand superannuation to which a person who is living alone is entitled under section 17(2)(a) or (b) is the single living alone rate.
18: Section 19 amended (Hospital rates of New Zealand superannuation)
1: In section 19(1) provided operated
2: In section 19(4) stated specified
3: After section 19(4)
4A: The chief executive may pay to any patient referred to in subsection (4) a higher rate than the rate specified in clause 3 of Part 1 of Schedule 1
4: In section 19(5) 22(2) 24
5: Replace section 19(6)
6: See
6: Replace section 19(7)
7: If the New Zealand superannuation of a person who is married or in a civil union or in a de facto relationship is reduced under this section, any specified benefit of the person’s spouse or partner must be increased, starting on the date on which the person’s New Zealand superannuation is reduced, by the amount specified in subsection (7A)
7A: The amount by which the specified benefit of the person’s spouse or partner must be increased is an amount equal to the difference between—
a: the maximum rate of that benefit payable to a single person; and
b: the maximum rate of that benefit payable to a person who is married or in a civil union or in a de facto relationship and whose spouse or partner is receiving New Zealand superannuation.
7B: See
7C: Subsection (7)
7: In section 19(9) New Zealand superannuation or of another specified benefit
8: In section 19(10) the Social Security Act 2018 or in the Residential Care and Disability Support Services Act 2018 this Act (other than sections 21 to 35), the Social Security Act 2018, or the Residential Care and Disability Support Services Act 2018
9: After section 19(10)
11: In this section, specified benefit
a: New Zealand superannuation; or
b: a veteran’s pension; or
c: a main benefit.
19: Section 20 repealed (Special disability allowance)
Repeal section 20
20: Section 26A amended (Calculation of amount of New Zealand superannuation payable overseas)
Replace section 26A(2) to (4)
2: For the purposes of subsection (1), a person must be treated as having resided in New Zealand during a period of absence from New Zealand if section 9 10A
21: New section 35A and cross-heading inserted
After section 35 Miscellaneous provisions
35A: Regulations
1: The Governor-General may, by Order in Council, make regulations for the purposes of section 4A(2)(g)
2: The Governor-General may, by Order in Council, make regulations providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
22: Schedule 1AA amended
In Schedule 1AA, after Part 2
3: Provisions relating to New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
4: Definitions
In this Part,— amending Act 2020 commencement date non-standard couple rate
a: a rate specified in clause 2 of Schedule 1 before the commencement date (which is the date on which that clause is repealed):
b: the relationship (partner not receiving superannuation or pension) rate old law relating to employment of a person’s spouse or partner
a: section 12(3) of this Act (as in force immediately before the commencement date); or
b: section 172(4) and (5) of the Veterans’ Support Act 2014 (as in force immediately before the commencement date) relationship (partner not receiving superannuation or pension) rate Treatment of periods of absence for purposes of residential qualification
5: Residence and presence when engaged in missionary work
1: For the purposes of section 10(1)(a)
2: Section 10(1)(c)
6: Residence and presence when in overseas employment
1: Section 10A
2: Anything done during the period of validation (for example, the granting or payment of New Zealand superannuation or a veteran’s pension) that was not validly done, but would have been validly done had section 10A
3: In this clause, period of validation Generally abolished rate for person with non-qualifying spouse or partner
7: General
1: A rate specified in clause 1 of Part 2 of Schedule 1
a: the person is married or in a civil union or in a de facto relationship; and
b: immediately before the commencement date, an election of the person to receive New Zealand superannuation, or a veteran’s pension, at a non-standard couple rate was in effect ( see clauses 8 to 10
c: the person is not barred from receiving New Zealand superannuation at a rate specified in clause 1 of Part 2 of Schedule 1
2: A person is barred clause 1 of Part 2 of Schedule 1
a: at any time on or after the commencement date, the person’s spouse or partner is entitled to receive New Zealand superannuation or a veteran’s pension; or
b: at any time on or after the commencement date, the person elects to no longer receive—
i: New Zealand superannuation at the rate specified in that clause and does not elect, on the same date, to receive a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate; or
ii: a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate and does not elect, on the same date, to receive New Zealand superannuation at the rate specified in that clause; or
c: at any time on or after the commencement date, the person who was the person’s spouse or partner immediately before the commencement date—
i: ceases to be the person’s spouse and does not, on the date of ceasing to be the person’s spouse, become the person’s civil union partner; or
ii: ceases to be the person’s civil union partner and does not, on the date of ceasing to be the person’s civil union partner, become the person’s spouse; or
iii: ceases to be the person’s de facto partner and does not, on the date of ceasing to be the person’s de facto partner, become the person’s spouse or civil union partner; or
d: on a specified date, the person was or is absent from New Zealand and, because of that absence,—
i: is not authorised under Part 1 of this Act or Part 6 of the Veterans’ Support Act 2014 to be paid New Zealand superannuation or a veteran’s pension for that date; or
ii: is authorised to be paid New Zealand superannuation or a veteran’s pension for that date but only at a reduced rate; or
e: on a specified date, the person was or is in custody in prison, in custody on remand, or an escapee from prison, and both of the following apply:
i: because of the operation of section 217 of the Social Security Act 2018, New Zealand superannuation or a veteran’s pension is not payable to the person for that date:
ii: the person, the person’s spouse or partner, or another person is not authorised under section 218 of the Social Security Act 2018 to be paid all or any part of the New Zealand superannuation or veteran’s pension for that date.
3: In this clause,— non-standard couple rate
a: a rate specified in clause 2 of Schedule 1 before the commencement date (which is the date on which that clause was repealed):
b: the relationship (partner not receiving superannuation or pension) rate:
c: a rate specified in clause 2 of Schedule 1 of the Social Welfare (Transitional Provisions) Act 1990 before the repeal of that schedule on 15 April 2003:
d: a rate specified in clause 2(b) of Schedule 11 of the War Pensions Act 1954 before the repeal of that schedule on 7 December 2014 specified date
8: Treatment of elections
1: For the purposes of clause 7(1)(b) clause 22(1)(d) of Schedule 1
a: an election to receive New Zealand superannuation, or a veteran’s pension, at the non-standard couple rate was made before the commencement date; and
b: the person who made the election did not, after making it,—
i: cease to be entitled to receive New Zealand superannuation at a non-standard couple rate or a standard couple rate because the person ceased to be married or in a civil union or in a de facto relationship; or
ii: cease to be entitled to receive New Zealand superannuation at a non-standard couple rate because the person’s spouse or partner became entitled to receive New Zealand superannuation or a veteran’s pension; or
iii: elect to receive New Zealand superannuation, or a veteran’s pension, at a standard couple rate; and
c: the old law relating to employment of the person’s spouse or partner did not operate to prevent the election being in effect immediately before the commencement date.
2: Nothing in this clause limits clause 9 or 10
3: In this clause,— non-standard couple rate clause 7(3) standard couple rate
9: When elections included in pending applications take effect
1: This clause applies to an election of a person to receive New Zealand superannuation, or a veteran’s pension, at a non-standard couple rate that is included in a pending application for New Zealand superannuation or a veteran’s pension.
2: For the purposes of clause 7(1)(b) clause 22(1)(d) of Schedule 1 See
3: The election must be treated as taking effect,—
a: except as provided by paragraph (b)
b: if the old law relating to employment of the person’s spouse or partner applied to the election, on the date on which the New Zealand superannuation or veteran’s pension commences or the date determined under that old law (whichever is the later).
4: Subclause (3)
5: In this clause, pending application
a: immediately before the commencement date, had not been finally determined or withdrawn; and
b: on or after the commencement date, is finally determined by granting the application.
10: When other elections not processed before commencement date take effect
1: This clause applies to an election of a person to receive New Zealand superannuation, or a veteran’s pension, at a non-standard couple rate (other than an election to which clause 9
2: For the purposes of clause 7(1)(b) clause 22(1)(d) of Schedule 1
a: except as provided by paragraph (b)
b: if the old law relating to employment of the person’s spouse or partner applied to the election, on the date on which the election was received by the department or the date determined under that old law (whichever is the later).
3: In this clause, department
a: in the case of an election to receive New Zealand superannuation, has the same meaning as in section 4; and
b: in the case of an election to receive a veteran’s pension,—
i: except as provided by subparagraph (ii)
ii: has the same meaning as in section 4 if an applicable delegation is in force under section 160 of the Veterans’ Support Act 2014.
23: Schedule 1 amended
1: In the Schedule 1 20,
2: In the Schedule 1 32 , cl 7 of Sch 1AA
3: After the Schedule 1
1: Rates generally
4: In Schedule 1 clause 1(a) person at the single living alone rate single person who is living alone
5: In Schedule 1 person at the single sharing accommodation rate single person who is not living alone
6: In Schedule 1
7: In Schedule 1
2: Rates saved by Schedule 1AA
The following rates are before deduction of tax: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001 and should be read with that table to provide understanding of the context. 1 Rate payable under clause 7 of Schedule 1AA
a: if, before 1 October 1991, the person was receiving (or had applied for and was entitled to receive) New Zealand superannuation, or a veteran’s pension, at the alternative rate specified in clause 2 of Schedule 1 of the Social Welfare (Transitional Provisions) Act 1990 $744.54 a week (subject to Income Test 3) or the rate specified in paragraph (b)
b: in any other case $705.26 a week (subject to Income Test 3)
2: Amendments to Veterans’ Support Act 2014
24: Amendments to Veterans’ Support Act 2014
This Part amends the Veterans’ Support Act 2014 2020-11-09 Veterans’ Support Act 2014
25: Section 158 amended (Interpretation)
In section 158(1) relationship (partner not receiving superannuation or pension) legacy rate
26: New section 158A inserted (Relationship of this Part with Social Security Act 2018)
After section 158
158A: Relationship of this Part with Social Security Act 2018
The Social Security Act 2018 contains provisions relating to the administration, and other aspects, of the veteran’s pension.
27: Section 159 amended (Meaning of living alone)
1: Replace section 159(2)
2: The first condition is that person A occupies any of the following kinds of accommodation as person A’s principal residence:
a: a house or flat:
b: a boat or craft moored within the following sea or waters (whether or not it travels within that sea or any of those waters from time to time):
i: the territorial sea of New Zealand or any internal waters of New Zealand:
ii: any waters within New Zealand that are a lake, estuary, lagoon, river, stream, creek, or other waters:
c: a hotel room or motel unit:
d: a room in a boarding house:
e: a unit of accommodation in a caravan park:
f: a mobile home (whether or not it is in a caravan park and whether or not it travels from time to time) that VANZ is satisfied is sufficiently self-contained to be reasonably habitable as a residence:
g: any other accommodation of a kind prescribed by regulations made under section 265.
2: Repeal section 159(6)
3: In section 159(7) waters of New Zealand
28: Section 169 amended (Rates of veteran’s pension)
1: Repeal section 169(2)(e)
2: Replace section 169(3)
3: The relationship (partner not receiving superannuation or pension) rate is the appropriate rate of veteran’s pension payable to a person only in the circumstances specified in clause 22 of Schedule 1
29: Section 170 amended (Annual adjustment of rates of veteran’s pension)
In section 170(6)(a) 65% 66%
30: Section 171 amended (Abatement of veteran’s pension)
In section 171(2)(b)(ii) or the relationship (partner not receiving superannuation or pension) legacy rate
31: Section 172 repealed (Election if spouse or partner not entitled to superannuation or veteran’s pension)
Repeal section 172
32: Section 185 replaced (Certain absences excluded from calculation)
Replace section 185
185: Treatment of certain absences for purposes of calculation
For the purposes of section 184, a person must be treated as having resided in New Zealand during a period of absence from New Zealand if section 9 10A
33: Section 265 amended (Regulations)
After section 265(1)(27)
27A: section 159 (forms of accommodation linked to meaning of living alone):
34: Schedule 1 amended
In Schedule 1, after Part 4
6: Provision relating to New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
23: Generally abolished rate for veterans with non-qualifying spouse or partner
1: The relationship (partner not receiving superannuation or pension) rate is the appropriate rate of veteran’s pension payable to a person only if—
a: the person is a veteran; and
b: the person is married or in a civil union or in a de facto relationship; and
c: the person’s spouse or partner is not entitled to New Zealand superannuation or a veteran’s pension; and
d: immediately before 9 November 2020, an election of the person to receive a veteran’s pension, or New Zealand superannuation, at a non-standard couple rate was in effect ( see clauses 8 to 10 of Schedule 1AA
e: the person is not barred under clause 7 of Schedule 1AA clause 1(b) of Part 2 of Schedule 1
2: In this clause,— non-standard couple rate clause 7(3) of Schedule 1AA relationship (partner not receiving superannuation or pension) rate
3: Amendments to Social Security Act 2018
35: Amendments to Social Security Act 2018
This Part amends the Social Security Act 2018 2020-11-09 Social Security Act 2018
36: Section 89 amended (Special disability allowance: entitlement in special circumstances)
1: Replace section 89(1)(c)
c: has a spouse or partner who is—
i: a patient in a hospital and receiving a reduced benefit under section 19 of the New Zealand Superannuation and Retirement Income Act 2001 or under section 206; or
ii: a qualifying person or a special case person, and in respect of whom a funder is paying some or all of the cost of contracted care services under section 18, 24, 26, 54, or 55 of the Residential Care and Disability Support Services Act 2018.
2: After section 89(2)
3: In this section, qualifying person special case person
37: Section 169 amended (Interpretation)
In section 169 specified beneficiary
b: New Zealand superannuation paid at a rate specified in clause 1 of Part 2 of Schedule 1
c: a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.
38: Section 187 amended (Interpretation)
In section 187 overseas pension
e: is not determined by MSD to be attributable to any voluntary contributions made by or on behalf of the person to whom it is granted or the person’s spouse, partner, or parent.
39: Section 189 amended (Benefit of person affected is reduced by amount of overseas pension)
Replace section 189(2)
2: The rate of New Zealand superannuation or a veteran’s pension that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension if the New Zealand superannuation or veteran’s pension is payable to the person overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001 or section 182 of the Veterans’ Support Act 2014.
3: The rate of New Zealand superannuation or a veteran’s pension, or related winter energy payment, that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension that—
a: the person is entitled to receive or receives in respect of the person’s spouse or partner (as referred to in section 188(a)(ii)); or
b: the person’s spouse or partner is entitled to receive or receives (as referred to in section 188(b)).
4: See clause 82 of Schedule 1 subsection (3)
5: The rate of New Zealand superannuation or a veteran’s pension, or related winter energy payment, that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension that—
a: the person is entitled to receive or receives in respect of any of the person’s dependants (as referred to in section 188(a)(iii)); or
b: any of the person’s dependants is entitled to receive or receives (as referred to in section 188(c)).
6: In this section, a person is qualified to receive a related winter energy payment
40: Section 207 amended (Benefit of spouse or partner increased after 13th week of hospitalisation)
1: In section 207(1)(c) main benefit under this Act specified benefit
2: Replace section 207(2)
2: The specified benefit of P’s spouse or partner must be increased, starting on the date on which P’s main benefit is reduced, by an amount equal to the difference between—
a: the maximum rate of that specified benefit that is payable to a single person; and
b: the maximum rate of that specified benefit that is payable to a person who has a spouse or partner and whose spouse or partner is receiving a main benefit of the kind reduced.
2A: See
3: After section 207(3)
4: In this section, specified benefit
a: a main benefit under this Act; or
b: New Zealand superannuation; or
c: a veteran’s pension.
41: Schedule 1 amended
In Schedule 1
5: Provision relating to New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
82: Effect of partner’s or spouse’s overseas pension on New Zealand superannuation and veteran’s pension
Section 189(3)
a: New Zealand superannuation at a rate specified in clause 1 of Part 2 of Schedule 1
b: a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.
42: Schedule 2 amended
1: In Schedule 2 Income Test 3 clause 2 clause 1 of Part 2
2: In Schedule 2 specified benefit
aa: is defined in section 207(4)
43: Schedule 4 amended
1: In Schedule 4, Part 1 superannuation or a veteran’s pension
2: In Schedule 4, Part 1
3: In Schedule 4, Part 3 superannuation or a veteran’s pension
4: In Schedule 4, Part 3
5: In Schedule 4, Part 3 (f),
6: In Schedule 4, Part 3 (f),
4: Amendments to other enactments
1: Amendments to other Acts
Amendments to Income Tax Act 2007
44: Amendments to Income Tax Act 2007
Sections 45 46 Income Tax Act 2007 2020-11-09 Income Tax Act 2007
45: Section RD 11 amended (Reduction in certain circumstances)
1: Replace the heading to section RD 11 Amount of tax in certain circumstances
2: Replace section RD 11(3) Income-tested benefits, New Zealand superannuation, and veteran’s pension
3: Despite section RD 10(1), the amount of tax for a PAYE income payment that is a payment of any of the following benefits must be determined by the Commissioner in consultation with the chief executive of the administering department:
a: an income-tested benefit:
b: New Zealand superannuation:
c: a veteran’s pension. Education allowances
3B: Despite section RD 10(1), the amount of tax for a PAYE income payment that is a payment of an allowance under regulations made under section 645 of the Education and Training Act 2020 Section 45(2) amended 1 August 2020 section 668 Education and Training Act 2020
46: Section YA 1 amended (Definitions)
In section YA 1 New Zealand superannuitant
b: does not include a person who receives New Zealand superannuation—
i: before 9 November 2020 (which is the commencement date of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020) at a rate specified in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
ii: on or after 9 November 2020 at a rate specified in clause 1 of Part 2 of Schedule 1 Amendment to Tax Administration Act 1994
47: Consequential amendment to Tax Administration Act 1994
Section 48 Taxation Administration Act 1994 2020-11-09 Tax Administration Act 1994
48: Section 24B amended (PAYE tax codes)
Replace section 24B(3) Income-tested benefits, New Zealand superannuation, and veteran’s pension
3: The amount of tax for a payment of any of the following is determined under section RD 11(3)
a: an income-tested benefit:
b: New Zealand superannuation:
c: a veteran’s pension. Education allowances
3B: The amount of tax for a payment of an allowance under regulations made under section 645 of the Education and Training Act 2020 section RD 11(3B) Section 48 amended 1 August 2020 section 668 Education and Training Act 2020
2: Consequential amendments to legislative instruments
Amendments to Health Entitlement Cards Regulations 1993
49: Amendments to Health Entitlement Cards Regulations 1993
Section 50 Health Entitlement Cards Regulations 1993 2020-11-09 Health Entitlement Cards Regulations 1993
50: Regulation 8 amended (Eligibility for community services cards)
1: Replace regulation 8(1)(d)(vi)
vi: is not the spouse or partner of a person who is eligible to receive (before any reduction or apportionment under the Social Security Act 2018) New Zealand superannuation or a veteran’s pension at a grandparented rate:
2: After regulation 8(7)
8: In this regulation, grandparented rate
a: a rate specified in clause 1 of Part 2 of Schedule 1
b: the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014. Amendments to Social Security Regulations 2018
51: Amendments to Social Security Regulations 2018
Sections 52 to 54 Social Security Regulations 2018 2020-11-09 Social Security Regulations 2018
52: Regulation 236 amended (Non-qualifying spouses or partners of recipients of New Zealand superannuation or veteran’s pension)
1: Replace regulation 236(1)
1: This regulation applies to a person ( person A person B
2: Replace regulation 236(3) and (4)
3: Person A must instead be treated for the purposes of this subpart as a person who was receiving a working-age benefit that has now been cancelled if—
a: person B elects to no longer receive New Zealand superannuation or a veteran’s pension paid at a grandparented rate (as referred to in clause 7(2)(b) of Schedule 1AA
b: because of that election, the appropriate rate of benefit payable to person B is the whole or a portion of New Zealand superannuation or a veteran’s pension paid at a couple rate other than a grandparented rate.
4: In this regulation,— couple rate grandparented rate
a: a rate specified in clause 1 of Part 2 of Schedule 1
b: the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.
53: Regulation 287 amended (Eligibility for SuperGold Card)
Replace regulation 287(b) and (c)
b: is under the age of 65 years and, in accordance with regulation 191, is receiving the whole or a portion of one of the following benefits as the spouse or partner of a beneficiary of the benefit:
i: New Zealand superannuation paid at a rate specified in clause 1 of Part 2 of Schedule 1
ii: a veteran’s pension paid at the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014; or
54: Schedule 6 amended (Number of weeks for calculating weekly income)
In Schedule 6 The following table is small in size and has 3 columns. This table amends Schedule 6 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. New Zealand superannuation, in respect of any rate set out in clause 1 of Part 2 of Schedule 1 Veteran’s pension, in respect of the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014


1: Title
This Act is the New Zealand Māori Arts and Crafts Institute Vesting Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Act New Zealand Maori Arts and Crafts Institute Act 1963 assets and liabilities
a: means the assets and liabilities owned, controlled, held, or owed, wholly or in part, immediately before the commencement of this Act, by the NZMACI; and
b: includes—
i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) Auditor-General section 4 balance date section 41 business day
a: a Saturday or Sunday; or
b: Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
c: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; or
d: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or
e: the day observed as Anniversary Day in Auckland capital contribution section 37(1) company section 2(1) Crown section 2(1) dispose of Eligible Voter financial year
a: means a year ending on its balance date; and
b: includes a longer or shorter period if, as a result of the registration of the Partnership as a limited partnership or a change of balance date, the period ending on the balance date is longer or shorter than a year HTK Te Puia Trust Joint Trust Joint Trustees member
a: means a person appointed as a member of the NZMACI under section 5 7(3)
b: includes any of the following, if appointed under section 8 9 10
i: the chairperson and deputy chairperson; and
ii: any deputy for a member Minister Ngāti Whakaue parties section 4 NZMACI section 4 NZMACI taonga Schedule 2 ownership interest
a: in relation to a limited partnership, each capital contribution and partnership interest in the limited partnership; and
b: in relation to a company, each share in the company; and
c: in relation to a body corporate other than a limited partnership or a company, each interest in the body corporate that is comparable with the interests granted by a share in a company partners of the Partnership partners
a: Wahiao Tuhourangi o Whakarewarewa Trust; and
b: HTK Te Puia Trust; and
c: Pukeroa Oruawhata Trust Partnership section 51 partnership interest section 38(1) Pukeroa Oruawhata Trust Part 12 reorganisation of the NZMACI section 7 section 8 Southern Arikikapakapa Reserve Schedule 1 Tūhourangi
a: the individuals who are the descendants of the ancestor known as Tūhourangi and principally associated with the district of Lake Tarawera; and
b: the collective of those individuals Tūhourangi o Whakarewarewa
a: the individuals who are members of Tūhourangi enrolled as Eligible Voters under rule B3(c) of Schedule B of the Wahiao Tuhourangi o Whakarewarewa Trust deed; and
b: the collective of those individuals vesting date Wahiao
a: are descendants of any member of 3 hapū, Ngāti Hinganoa, Ngāti Tukiterangi, and Ngāti Huarere, named in Schedule A of the Wahiao Tuhourangi o Whakarewarewa Trust deed; and
b: were named in the lists of the members of those hapū produced in evidence to the Native Land Court in 1883 by Mita Taupopoki (but referred to there as Ngātihinganoa, Ngātitukiterangi, and Ngātihuarere) Wahiao Tuhourangi o Whakarewarewa Wahiao Tuhourangi o Whakarewarewa Trust Whakarewarewa lease Whakarewarewa Thermal Springs Reserve Schedule 1 Whakarewarewa Valley Land Section 3 business day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
4: Ngāti Whakaue parties
1: In this Act, Ngāti Whakaue parties
a: the trustees of the HTK Te Puia Trust, as representatives of the collective group comprising individuals descended from 1 or more of the owners listed under one of the following 3 hapū groups referred to collectively in relation to the Whakarewarewa No 3 Block (originally comprising the Roto-a-Tamaheke Reserve and the Whakarewarewa Thermal Springs Reserve) in the Native Land Court decision of 24 October 1893, 28 ROT 124–166:
i: Ngāti Hurungaterangi:
ii: Ngāti Taeotū:
iii: Ngāti Te Kahu o Ngāti Whakaue; and
b: the trustees of the Pukeroa Oruawhata Trust, as representatives of the collective group comprising individuals descended from 1 or more of the 295 owners listed by hapū in relation to the Pukeroa Oruawhata Block in the Native Land Court decision of 27 April 1882, 1 ROT 34–347, 1 ROT 348–355, and 4 ROT 8–23.
2: In this section, descended
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Reorganisation of NZMACI
7: Vesting
1: On the vesting date, the assets and liabilities of the NZMACI—
a: vest in the Partnership and become the assets and liabilities of the Partnership; and
b: to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
2: However, those assets and liabilities remain subject to any other trusts, covenants, or conditions affecting them.
8: Dissolution
1: The NZMACI is dissolved on the vesting date, and on that date each member of the NZMACI ceases to hold office.
2: No member of the NZMACI is entitled to compensation for his or her loss of office under this section.
9: Matters not affected by vesting and dissolution
1: The vesting of the assets and liabilities of the NZMACI by section 7 section 8
a: place a person in breach of contract, in breach of trust, or in breach of confidence, or otherwise make a person guilty of any civil wrong:
b: entitle a person to exercise any relevant right:
c: release a surety wholly or in part from any obligation:
d: invalidate or discharge any contract or security.
2: In this section, a relevant right
a: terminate, cancel, or modify a contract, agreement, or arrangement:
b: enforce or accelerate the performance of an obligation:
c: require the performance of an obligation not otherwise arising for performance. Role of Partnership in relation to certain matters
10: NZMACI taonga inalienable
1: After the vesting of the assets and liabilities of the NZMACI by section 7
2: A purported disposal of an NZMACI taonga is void and of no effect.
11: Functions and powers of NZMACI continued
1: The Partnership must continue to perform the functions and exercise the powers of the NZMACI to—
a: encourage, foster, and promote ahurea and toi Māori (culture and Māori arts) of New Zealand; and
b: provide training for the iwi of New Zealand, including in whakairo rākau (carving) and raranga (weaving); and
c: make grants to enable persons to study, train, and gain experience in creating Māori arts and crafts or any other matter approved by the Partnership; and
d: confer diplomas or certificates on persons who have undertaken training or gained qualifications in Māori arts and crafts or Māori culture generally; and
e: provide and support demonstrations, exhibitions, and tours of toi Māori and toi whakaari Māori (performing arts) of New Zealand; and
f: provide for the sustainable development of scenic and tourist attractions in the Rotorua district and elsewhere.
2: The functions referred to in subsection (1)
3: The Partnership has all the powers, rights, and authorities reasonably necessary to enable it to carry out its functions. Administrative matters
12: Crown appointment to board of general partner of Partnership
1: The provisions of this section apply for 6 years from the date of the vesting of the NZMACI assets and liabilities by section 7(1)
2: The Crown must appoint 1 director of the board of the general partner of the Partnership.
3: The Crown may remove and replace that director.
4: The director appointed under subsection (2)
5: Despite the provisions of the Companies Act 1993 subsection (2) section 11(1)
6: In this section, general partner sections 8(1) 19
13: Reporting on performance of functions
1: The Partnership must, not later than 4 months after the end of each financial year,—
a: make accessible on an Internet site, free of charge, a written report that—
i: identifies the activities undertaken or funded during the financial year to satisfy the requirements of section 11(1)
ii: calculates its direct expenditure on, and funding provided for, those activities during that financial year as a proportion of the revenue (if any) received as admission income for the Whakarewarewa Valley Land; and
b: make a copy of the written report available upon request at the offices of the Partnership during normal business hours.
2: In this section, admission income Admission Income
14: Board must approve major transactions
1: The Partnership must not enter into a major transaction unless the board of directors of the general partner of the Partnership, by unanimous resolution, approves the transaction before it is entered into.
2: In this section, major transaction
a: the acquisition of, or an agreement to acquire, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the acquisition; or
b: the disposition of, or an agreement to dispose of, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the disposition; or
c: a transaction that has, or is likely to have, the effect of the Partnership acquiring rights or interests, or incurring liabilities or obligations (whether contingent or otherwise), whose value is more than 30% of the value of the assets of the Partnership immediately before the transaction.
15: Land and other registers to be changed
On the written application of a person authorised for the purpose by the Partnership,—
a: the Registrar-General of Land is authorised and directed to make entries in the registers under the Land Transfer Act 2017
b: the person responsible for keeping any other register that refers to the assets or liabilities of the NZMACI must substitute a reference to the Partnership for a reference to the NZMACI.
3: Repeal and savings provisions
16: New Zealand Maori Arts and Crafts Institute Act 1963: repeal and savings
1: The New Zealand Maori Arts and Crafts Institute Act 1963
2: However, section 27 2020-07-25 New Zealand Maori Arts and Crafts Institute Act 1963
17: Consequential amendments
In each of the following provisions, repeal the item relating to the NZMACI:
a: Part 2
b: Part 2
c: Schedule 2
d: Part 2 2020-07-25 Local Authorities (Members’ Interests) Act 1968 Ombudsmen Act 1975 Public Audit Act 2001 Public Bodies Contracts Act 1959