Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846563415.pdf (New Zealand)
Reprint as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Public Act Date of assent Commencement 1990 No 26 30 March 1990 see section 1(2) Contents Title Short Title and commencement Interpretation Administration of veterans’ pensions [Repealed] Delegation of Secretary’s powers [Repealed] 1 2 2A 2B Page 5 5 5 6 6 Part 1 Monetary beneﬁts New Zealand superannuation [Repealed] 3 New Zealand superannuation [Repealed] 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Social Development.
1 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 4 5 6 7 Residential qualiﬁcation for New Zealand superannuation [Repealed] Commencement of New Zealand superannuation [Repealed] Rates of New Zealand superannuation [Repealed] Persons receiving national superannuation entitled to New Zealand superannuation [Repealed] Transitional retirement beneﬁt [Repealed] 7A Transitional retirement beneﬁt [Repealed] Veterans’ pensions [Repealed] 13A Entitlement to veteran’s pension [Repealed] Medical examination of applicant for veteran’s pension [Repealed] Commencement of veteran’s pension [Repealed] Rates of veterans’ pensions [Repealed] Lump sum payments on death [Repealed] Persons receiving certain pensions or allowance entitled to veteran’s pension [Repealed] Annual adjustment of rates of veterans’ pensions [Repealed] Consequential amendments to other Acts 14 15 16 Amending Social Security Act 1964 Amending War Pensions Act 1954 Amending Income Tax Act 1976 [Repealed] Payment overseas of New Zealand superannuation and veterans’ pensions [Repealed] 17 17A Payment overseas of veteran’s pension [Repealed] Effect of absence from New Zealand on veterans’ pensions [Repealed] Special portability arrangement with speciﬁed Paciﬁc countries [Repealed] Speciﬁed Paciﬁc country [Repealed] 17B 17BA Entitlement to be paid veteran’s pension in speciﬁed Paciﬁc country [Repealed] Rates of payment of veteran’s pension payable to people resident in Cook Islands, Niue, or Tokelau [Repealed]
 17C 2 7 7 7 7 7 7 8 8 8 8 8 8 9 9 10 10 10 10 11 11 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 17D 17E 17F 18 18A 18B 19 19A 19B 19C 19D 26 27 28 29 30 31 Commencement and termination of payments [Repealed] Effect on other beneﬁts [Repealed] Application of this Act and Social Security Act 1964 [Repealed] Other provisions on payment of beneﬁts overseas [Repealed] Certain existing economic pensioners may be paid up to full rate of veteran’s pension
 overseas [Repealed] Living alone payments [Repealed] Commencement of living alone payments [Repealed] Reciprocity agreements with other countries Adoption of reciprocity agreement with other countries Inclusion of mutual assistance provisions in reciprocity agreement Terms and conditions for recovery of social security debts Terms and conditions for exchange of information for social security purposes Actions by chief executive under mutual assistance provisions Part 2 Other matters Social Welfare Commission, District Executive Committees, Area Welfare Executive Committees, and repeal of Department of Social Welfare Act 1971, etc Social Welfare Commission [Repealed] Term of ofﬁce of members [Repealed] Extraordinary vacancies [Repealed] Presiding member [Repealed] Meetings of Commission [Repealed] Administrative services [Repealed] Fees and travelling allowances [Repealed] Functions of Commission [Repealed] District Executive Committees and Area Welfare Executive Committees [Repealed] Functions of District Executive Committees and Area Welfare Executive Committees [Repealed] Committees Members of Commission, etc, not deemed to be in service of Crown 11 11 11 11 12 12 12 13 15 17 19 23 23 23 23 23 24 24 24 24 24 24 25 3 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 25 25 25 25 26 26 27 27 27 27 27 28 28 29 29 29 30 30 30 30 32 33 34 35 36 Members of existing Commission and committees [Repealed] Repeal of Part 1 of Department of
 Social Welfare Act 1971 Amending Social Security Act 1964 [Repealed] Amending Children, Young Persons, and Their Families Act 1989 Amendments to other Acts Amendments to Social Security Act 1964 to facilitate introduction of new computer system 37 Amending Social Security Act 1964 Miscellaneous amendments to Social Security Act 1964 and War Pensions Act 1954 Amendments to Social Security Act 1964 [Repealed] Amendment to War Pensions Act 1954 Amending Ombudsmen Act 1975 Validation of exercise of
 Director­General’s powers pursuant to a purported delegation Part 3 New Zealand Artiﬁcial Limb Board Interpretation New Zealand Artiﬁcial Limb Board Functions Powers of Board [Repealed] Membership of Board Board to comply with Government policy [Repealed] Review of operation of Board Further provisions applying to Board Contracts of Board [Repealed] Transitional provisions applying to Board 38 39 40 41 42 43 44 45 46 47 48 49 50 51 4 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Schedule 1 Rates of New Zealand superannuation and veterans’ pensions [Repealed] Schedule 2 Payments on death of veteran or veteran’s spouse [Repealed] Schedule 3 Provisions applying in respect of New Zealand Artiﬁcial Limb Board Schedule 4 Rates of transitional retirement beneﬁt [Repealed] Schedule 5 Speciﬁed Paciﬁc countries [Repealed] s 2 31 32 32 36 36 An Act to provide for the New Zealand superannuation and the veteran’s pension and various other matters Title: amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Social Welfare (Transitional Provisions) Act 1990.

This Act shall come into force on 1 April 1990.
Interpretation In this Act, unless the context otherwise requires,— Minister, in relation to any provisions of this Act, means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions Privacy Commissioner means the Privacy Commissioner appointed under the Privacy Act 1993 5 s 2A Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 social security debt,— (a) (b) in relation to New Zealand, means an amount that may be recovered from any person under section 86 of the Social Security Act 1964; and in relation to any other country, means an amount that may be recovered from any person— (i) under the laws relating to social security in that country; or for contribution levied speciﬁcally for social security under the laws of that country.
taxation or other (ii) (2) Unless the context otherwise requires, expressions deﬁned in section 3(1) of the Social Security Act 1964 and in section 2 of the War Pensions Act 1954 have in this Act the meanings so deﬁned.

Section 2: substituted, on 23 November 2000, by section 4(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
2A Administration of veterans’ pensions [Repealed] Section 2A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

2B Delegation of Secretary’s powers [Repealed] Section 2B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Part 1 Monetary beneﬁts New Zealand superannuation [Repealed] Heading: repealed, on 12 October 2001, pursuant to section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

New Zealand superannuation [Repealed] Section 3: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
3 6 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 8 4 5 6 7 Residential qualiﬁcation for New Zealand superannuation [Repealed] Section 4: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Commencement of New Zealand superannuation [Repealed] Section 5: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Rates of New Zealand superannuation [Repealed] Section 6: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Persons receiving national superannuation entitled to New Zealand superannuation [Repealed] Section 7: repealed, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Transitional retirement beneﬁt [Repealed] Heading: repealed, on 31 March 2004, pursuant to section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

7A Transitional retirement beneﬁt [Repealed] Section 7A: repealed, on 31 March 2004, by section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Veterans’ pensions [Repealed] Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pen­ sions Amendment Act 2003 (2003 No 18).

8 Entitlement to veteran’s pension [Repealed] Section 8: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
7 Part 1 s 9 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Medical examination of applicant for veteran’s pension [Repealed] Section 9: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Commencement of veteran’s pension [Repealed] Section 10: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Rates of veterans’ pensions [Repealed] Section 11: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Lump sum payments on death [Repealed] Section 12: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Persons receiving certain pensions or allowance entitled to veteran’s pension [Repealed] Section 13: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
13A Annual adjustment of rates of veterans’ pensions [Repealed] Section 13A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
8 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 15 Consequential amendments to other Acts Amending Social Security Act 1964 [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] 14 (1) (2) (3) (4) (5) (6) (7) (8) (9)–(16) Amendment(s) incorporated in the Act(s).

(17) (18) Amendment(s) incorporated in the Act(s).

(19) (20) Amendment(s) incorporated in the Act(s).


[Repealed] [Repealed] Section 14(1): repealed, on 25 July 1990, by section 2(2)(b) of the Social Se­ curity Amendment Act (No 2) 1990 (1990 No 74).

Section 14(2): repealed, on 2 October 1994, by section 3(4)(c) of the Social Security Amendment Act 1994 (1994 No 86).

Section 14(3): repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 14(4): repealed, on 17 September 1997, by section 6(4)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 14(5): repealed, on 1 August 1991, by section 16(2)(e) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 14(6): repealed, on 30 June 1993, by section 10(2)(d) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 14(7): repealed, on 1 April 1994, by section 6(d) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 14(8): repealed, on 1 April 1991, by section 24(3)(b) of the Social Security Amendment Act 1991 (1991 No 1).

Section 14(17): repealed, on 1 July 1996, by section 45(1) of the Social Security Amendment Act 1996 (1996 No 20).
Section 14(19): repealed, on 1 April 1992, by section 2(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77).

15 Amending War Pensions Act 1954 (1)–(4) Amendment(s) incorporated in the Act(s).

9 Part 1 s 16 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 [Repealed] (5) (6)–(7) Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the order(s).


(8) Section 15(5): repealed, on 2 October 1996, by section 2(2) of the War Pensions Amendment Act 1996 (1996 No 156).

16 Amending Income Tax Act 1976 [Repealed] Section 16: repealed, on 1 April 1995, by section YB 3(1) of the Income Tax Act 1994 (1994 No 164).

Payment overseas of New Zealand superannuation and veterans’ pensions [Repealed] Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pen­ sions Amendment Act 2003 (2003 No 18).
17 Payment overseas of veteran’s pension [Repealed] Section 17: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

17A Effect of absence from New Zealand on veterans’ pensions [Repealed] Section 17A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Special portability arrangement with speciﬁed Paciﬁc countries [Repealed] Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pen­ sions Amendment Act 2003 (2003 No 18).

17B Speciﬁed Paciﬁc country [Repealed] Section 17B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
10 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 18 17BA Entitlement to be paid veteran’s pension in speciﬁed Paciﬁc country [Repealed] Section 17BA: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17C Rates of payment of veteran’s pension payable to people resident in Cook Islands, Niue, or Tokelau [Repealed] Section 17C: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

17D Commencement and termination of payments [Repealed] Section 17D: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
17E Effect on other beneﬁts [Repealed] Section 17E: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

17F Application of this Act and Social Security Act 1964 [Repealed] Section 17F: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Other provisions on payment of beneﬁts overseas [Repealed] Heading: repealed, on 15 April 2003, pursuant to section 12(1) of the War Pen­ sions Amendment Act 2003 (2003 No 18).
18 Certain existing economic pensioners may be paid up to full rate of veteran’s pension overseas [Repealed] Section 18: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

11 Part 1 s 18A Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 18A Living alone payments [Repealed] Section 18A: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
18B Commencement of living alone payments [Repealed] Section 18B: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Reciprocity agreements with other countries (b) Adoption of reciprocity agreement with other countries For the purpose of giving effect to any agreement or Conven­ tion with the government of another country providing for re­ ciprocity in respect of matters relating to social security mon­ etary beneﬁts, or to any alteration thereto, the Governor­Gen­ eral may, by Order in Council,— (a) declare that the provisions contained in any agreement or Convention or alteration thereto set out in a schedule of the Order in Council shall have force and effect so far as they relate to New Zealand: declare that the provisions of this Act and of the Social Security Act 1964 and Part 6 of the War Pensions Act 1954 and of Part 1 of the New Zealand Superannuation and Retirement Income Act 2001 and of the regulations and orders in force under those Acts shall have effect subject to such modiﬁcations as may be required for the purpose of giving effect to the agreement or Convention or alteration thereto: revoke any previous Order in Council which applied in respect of any such agreement or Convention which is no longer in force or which is intended to be no longer in force on the commencement of the Order in Council.
The Governor­General may, by the same or a subsequent Order in Council, specify the date on which any Order in Council made under subsection (1) is to come into force, which may be a date before or on or after the date on which the Order in Council is so made.
(c) 19 (1) (2) 12 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 19A (2A) If an agreement or Convention or alteration to an agreement or Convention contains a provision of the kind referred to in sec­ tion 19A(2), no Order in Council in respect of that agreement or Convention or alteration may be made under subsection (1) unless the Privacy Commissioner has ﬁrst presented a report to the Minister and to the Minister of Justice on the following matters: (a) whether the provision complies with the privacy princi­ ples set out in the Privacy Act 1993, having regard to the matters set out in paragraphs (a) to (f) of section 98 of that Act: if the provision is of the kind referred to in section 19A(2)(b), the adequacy of the privacy protection given in the other country to information about any individual that may be supplied by New Zealand under the provi­ sion.
(b) (2B) Subsection (2A) does not apply to a provision that relates solely to the recovery of moneys paid under the agreement or Convention in excess of that to which the recipient was entitled under that agreement or Convention.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the order(s).

Section 19(1)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
(3) (4) Section 19(1)(b): amended, on 15 April 2003, by section 12(1) of the War Pen­ sions Amendment Act 2003 (2003 No 18).

Section 19(1)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 19(2A): inserted, on 23 November 2000, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19(2B): inserted, on 23 November 2000, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
19A Inclusion of mutual assistance provisions in reciprocity (1) agreement In this section and in sections 19B to 19D,— agreement means an agreement or Convention with the gov­ ernment of another country of the kind referred to in section 19, or an alteration to an agreement or Convention of that kind 13 Part 1 s 19A Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 competent institution means an institution of a party that is responsible for the application of the agreement party means a government that has entered into an agreement requested institution means the competent institution of a party to which a request is made by the competent institution of the other party requesting institution means the competent institution of a party that makes a request to the competent institution of the other party social security laws, in relation to a party, means the laws of that party relating to social security, including laws relating to taxation or other contribution levied speciﬁcally for social security social security purposes include— (a) (b) (c) the administration of the social security laws of a party: the collection of the social security debts of a party: the maintenance of the social security laws of a party, in­ cluding the prevention, detection, prosecution, and pun­ ishment of offences under those laws: the enforcement of any social security laws of a party imposing a pecuniary penalty: the conduct of any proceedings under the social security laws of a party before any court or tribunal.
(d) (e) (2) An agreement may contain— (a) (b) (c) provision for the governments of New Zealand and the other country to provide each other with assistance in the recovery of social security debts; or provision for those governments to supply each other with information for social security purposes; or both provisions described in paragraphs (a) and (b).
(3) No provision of the kind referred to in subsection (2)(a) may be included in an agreement unless it is subject to the terms and conditions set out in section 19B or terms and conditions to the like effect.

(4) No provision of the kind referred to in subsection (2)(b) may be included in an agreement unless it is subject to the terms and conditions set out in section 19C or terms and conditions to the like effect.
14 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 19B (5) Nothing in section 19(2A) or this section prevents an agree­ ment containing other provisions for mutual assistance if those provisions are not of the kind referred to in subsection (2).

Section 19A: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19A(3): amended, on 27 April 2002, by section 4 of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19A(3): amended, on 27 April 2002, by section 4 of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
19B Terms and conditions for recovery of social security debts The terms and conditions referred to in section 19A(3) are— (1) assistance to recover any social security debt of a party (a) may be provided by the other party only in respect of a debt— (i) (ii) that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or organisation in that country acting ad­ ministratively within the terms of his, her, or its lawful authorisation; and in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),— (A) (B) has been exhausted or has expired; or if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been ﬁnally determined; and (iii) (iv) that may be lawfully recovered under the laws of that country; and that was ﬁrst found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in sub­ section (2): 15 Part 1 s 19B Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 (b) when providing assistance to recover any social security debt of a party, the party giving the assistance is not required to— (i) give priority to the recovery of social
 security debts of the other party; and take any measures for recovery not provided for under the laws relating to the recovery of debts of that party: (ii) (c) (d) (e) (f) (fa) a party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual: any recovery of a social security debt of a deceased indi­ vidual is limited to the value of that individual’s estate: any institution, court, or tribunal involved in the recov­ ery of a social security
 debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if— (i) the institution, court, or tribunal has the power to do so; and it is its normal practice to do so: (ii) a party may give assistance only in respect of a social security debt that the requesting institution has certiﬁed is of a kind described in subparagraphs (i) to (iv) of paragraph (a): if a party gives assistance in respect of any social secur­ ity debt for which there is no time limit for exercising any right of review or appeal of the determination of the debt under the law under which the debt was deter­ mined, or for which there is a time limit but a right of review or appeal may be exercised after its expiry in the discretion of the court or tribunal or body or person con­ cerned, or in the discretion of any other person,— (i) the requesting institution must immediately ad­ vise the requested institution if any such right is exercised; and the requested institution must defer recovery of the debt until notiﬁed by the requesting institu­ tion that the review or appeal is ﬁnally deter­ mined: (ii) 16 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 19C (g) the party requesting assistance to recover a social secur­ ity debt must pay the costs of the other party of recover­ ing the debt, including court costs or other fees payable under the laws of that party.
(1A) For the purposes of subsection (1)(a)(ii), a right of review or appeal under the law under which a debt was determined has expired— (a) if the right has not been exercised within the time limit provided for its exercise; and irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the re­ view or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of re­ view or appeal to be exercised after that time.
(b) (2) Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5­year period referred to in subsection (1)(a)(iv) is extended by the period of deferral or, as the case requires, the period over which the debt is to be paid by instalments.

Section 19B: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 19B(1)(a)(ii): substituted, on 27 April 2002, by section 5(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19B(1)(fa): inserted, on 27 April 2002, by section 5(2) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19B(1A): inserted, on 27 April 2002, by section 5(3) of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
19C Terms and conditions for exchange of information for (1) social security purposes The terms and conditions referred to in section 19A(4) are— a request for information relating to an individual may (a) be made only for social security purposes: the requested institution of a party may supply to the requesting institution any information about the person to whom the request relates that it holds or is lawfully able to obtain: (b) 17 Part 1 s 19C Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 (c) (d) the requesting institution of a party (the requesting party) to whom information is supplied by the re­ quested institution of the other party may supply that information to the taxation authorities of the requesting party for either or both of the following purposes: (i) making an assessment of the tax due by any per­ son under the laws of the requesting party relat­ ing to taxation: detecting tax fraud or tax evasion under the laws of the requesting party: (ii) every request for and supply of information made by and to the competent institutions of the parties must be made in terms of an agreement between the competent institutions of the parties that— (i) (ii) (iii) (iv) (v) speciﬁes the types of information that the com­ petent institutions may supply to each other; and limits the supply of information to the types of information speciﬁed; and subject to subparagraph (iv), in relation to New Zealand, contains, with all necessary modiﬁca­ tions, the safeguards required to be set out in an information matching agreement within the meaning of section 99 of the Privacy Act 1993; and in relation to New Zealand, requires the informa­ tion matching rules set out in clause 4 of Sched­ ule 4 of the Privacy Act 1993, with all necessary modiﬁcations, to be applied; and in relation to New Zealand, has been agreed to by the Privacy Commissioner under the Privacy Act 1993, the Commissioner having had regard to the information matching guidelines in section 98 of that Act: (e) subject to
 paragraphs (b) and (c), any information sup­ plied by a party to the other party must be subject to the same privacy protections as any other personal informa­ tion obtained under the social security laws of the other party: 18 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 19D (f) (g) no party that receives, under the agreement, personal in­ formation about any individual from the competent in­ stitution of the other party may supply that information to any other country without the prior written consent of that competent institution or the individual concerned: a party must supply the competent institution of the other party with any information required by that insti­ tution to answer any questions or to make any report or return required by a person or body authorised to moni­ tor compliance with that party’s privacy laws.
In relation to New Zealand, section 99(4) of the Privacy Act 1993 applies, with any necessary modiﬁcations, to an agree­ ment between the competent institutions of the parties under subsection (1)(d).

Section 19C: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Section 19C(1)(b): substituted, on 27 April 2002, by section 6 of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
(2) 19D Actions by chief executive under mutual assistance provisions (1) Where an Order in Council is made under section 19 in re­ spect of an agreement which contains a provision of the kind referred to in section 19A(2)(a),— (a) any social security debt of the other country may, in ac­ cordance with and subject to the provision and to the extent that it has not been recovered in the other coun­ try, be recovered by the chief executive under section 86(1D) of the Social Security Act 1964 as if it were a debt due to the Crown; and any amount so recovered may, after the deduction of the costs of collection, be paid to the other country without any further appropriation than this paragraph.
(b) (2) For the purposes of subsection (1)(a), a certiﬁcate signed by an authorised ofﬁcer of the competent institution of the other country that the debt is of a kind described in subparagraphs (i) to (iv) of section 19B(1)(a) is, in the absence of proof to the contrary, sufﬁcient evidence of the existence of the debt.
19 Part 1 s 19D Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 (3) Where an Order in Council is made under section 19 in re­ spect of an agreement which contains a provision of the kind referred to in section 19A(2)(b),— (a) the chief executive may supply any information in the department’s possession about any person to, or receive information about any person from, the competent in­ stitution of the other country in accordance with, and subject to, the provision: the chief executive may from time to time, in accord­ ance with arrangements made in an agreement with the Commissioner of Inland Revenue, supply any informa­ tion received from the competent institution of the other country to the Commissioner for either or both of the purposes referred to in section 19C(1)(c): if any information received from the competent institu­ tion of the other country under the provision has pro­ duced a discrepancy and the chief executive proposes to take action against an individual as a result, the chief executive must give that individual written notice— (i) specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and stating that the individual has 5 working days from the receipt of the notice in which to show cause why that action should not be taken: the chief executive may not take any adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in para­ graph (c)(ii): sections 100 to 102 and 104 to 106 of the Privacy Act 1993 apply in respect of the provision as if the provision were an authorised information matching programme and the department were the only speciﬁed agency in­ volved in that programme.
(ii) (b) (c) (d) (e) (4) Nothing in paragraph (c) or paragraph (d) of subsection (3) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of subsec­ tion (3)(c) would prejudice any investigation into the commis­ sion of an offence or the possible commission of an offence.
20 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 1 s 19D (4A) Subsection (4B) applies if— (a) (b) (c) an agreement contains a provision of the kind referred to in section 19A(2)(b); and the social security purposes concerned are wholly or principally the administration of the agreement itself; and the parties to the agreement are likely to frequently ex­ change information about individuals for the purposes of granting or paying beneﬁts under the agreement, cal­ culating the rates of beneﬁts payable under the agree­ ment, or calculating the rates of other beneﬁts that are affected by the rates of beneﬁts payable under the agree­ ment.
(4B) If this subsection applies, if any information received from the competent institution of the other country under the pro­ vision contains identifying information about any individual (including the unique identiﬁer assigned to that individual by that institution) who has applied for a beneﬁt payable under the agreement in either country and produces a discrepancy with information already held about that person by the chief execu­ tive, and the chief executive has not previously given notice under this subsection, the chief executive must give that indi­ vidual written notice— (a) specifying particulars of the discrepancy and of the ac­ tion the chief executive proposes to take as a result of that discrepancy; and specifying the unique identiﬁers assigned to that indi­ vidual by the competent institutions of both countries; and informing him or her that information received from the other country about that individual will be matched with information in the department’s possession using those unique identiﬁers; and specifying the kinds of information about the individual that the chief executive is likely to receive from the other country under the agreement; and specifying the kinds of actions that the chief executive may take as a result of information about that individual (b) (c) (d) (e) 21 Part 1 s 19D Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 (f) (g) received at any subsequent time from the other country under the agreement; and specifying the likely consequences of those actions for any beneﬁt payable to that individual under the agree­ ment or otherwise; and stating that the individual has 5 working days from the receipt of the notice to show cause why the chief execu­ tive should not take the action referred to in paragraph (a) or actions of the kinds referred to in paragraph (e).
(4C) Despite subsections (3)(c) to (e) and (6), if subsection (4B) ap­ plies, after the expiration of the 5 working days referred to in subsection (4B)(g), the chief executive is not obliged to com­ ply with subsection (3)(c) and (d) in respect of any information that is— (a) subsequently received from the other country under the provision; and (b) received for a purpose set out in subsection (4A)(c); and (c) matched against information held by the chief executive using the unique identiﬁers assigned to the individual concerned by the competent institutions of both coun­ tries.
(5) Subsections (3) and (4) of section 103 of the Privacy Act 1993 apply to any notice to be given to any individual under sub­ section (3)(c) or subsection (4B).

(6) Where the chief executive fails to comply, in relation to any individual, with the provisions of subsection (3)(c), the failure is considered, for the purposes of Part 8 of the Privacy Act 1993, to constitute a failure to comply with the provisions of Part 10 of that Act.
In this section, expressions deﬁned in section 97 of the Privacy Act 1993 have the meanings so deﬁned, with any necessary modiﬁcations.

Section 19D: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

(7) Section 19D(4A): inserted, on 27 April 2002, by section 7(1) of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19D(4B): inserted, on 27 April 2002, by section 7(1) of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

22 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 2 s 24 Section 19D(4C): inserted, on 27 April 2002, by section 7(1) of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 19D(5): amended, on 27 April 2002, by section 7(2) of the Social Wel­ fare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Part 2 Other matters Social Welfare Commission, District Executive Committees, Area Welfare Executive Committees, and repeal of Department of Social Welfare Act 1971, etc 20 21 22 23 Social Welfare Commission [Repealed] Section 20: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Term of ofﬁce of members [Repealed] Section 21: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Extraordinary vacancies [Repealed] Section 22: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Presiding member [Repealed] Section 23: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
24 Meetings of Commission [Repealed] Section 24: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

23 Part 2 s 25 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Administrative services [Repealed] Section 25: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Fees and travelling allowances [Repealed] Section 26: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Functions of Commission [Repealed] Section 27: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
District Executive Committees and Area Welfare Executive Committees [Repealed] Section 28: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Functions of District Executive Committees and Area Welfare Executive Committees [Repealed] Section 29: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Committees The Minister may from time to time appoint such committees as the Minister thinks ﬁt to advise or otherwise assist the Min­ ister or the chief executive on such aspects of social welfare as the Minister may specify.

The members of any such committee shall hold ofﬁce at the pleasure of the Minister.

Every such committee may regulate its own procedure.

Every such committee is hereby declared to be a statu­ tory Board within the meaning of the Fees and Travelling Allowances Act 1951.
25 26 27 28 29 30 (1) (2) (3) (4) 24 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 2 s 35 (5) There may, if the Minister so directs, be paid to the members of any such committee, out of the Department’s Bank Account from money appropriated by Parliament for the purpose, re­ muneration by way of fees, salary, or allowances, and travel­ ling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply ac­ cordingly.
Section 30(1): amended, on 1 October 1998, by section 11 of the Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

31 Members of Commission, etc, not deemed to be in service of Crown No person, by reason only that he or she is a member of a com­ mittee appointed under section 30 of this Act, shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.
Section 31: amended, on 1 April 1991, by section 2(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

32 Members of existing Commission and committees [Repealed] Section 32: repealed, on 1 April 1991, by section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

33 34 Repeal of Part 1 of Department of Social Welfare Act 1971 Amendment(s) incorporated in the Act(s).
Amending Social Security Act 1964 [Repealed] Section 34: repealed, on 1 October 1998, by section 12(c) of the Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

35 Amending Children, Young Persons, and Their Families Act 1989 (1)–(3) Amendment(s) incorporated in the Act(s).
25 Part 2 s 36 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 (4) (5) [Repealed] [Repealed] Section 35(4): repealed, on 1 April 1991, by section 4(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Section 35(5): repealed, on 1 April 1991, by section 4(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

36 Amendments to other Acts Amendment(s) incorporated in the Act(s).
Amendments to Social Security Act 1964 to facilitate introduction of new computer system 37 Amending Social Security Act 1964 (1)–(2) Amendment(s) incorporated in the Act(s).

(3) (4) (5) (6) (7) (8) (9) (10) Amendment(s) incorporated in the Act(s).

[Repealed] [Repealed] [Repealed] [Repealed] [Repealed] Amendment(s) incorporated in the Act(s).

[Repealed] Section 37(3): repealed, on 1 October 1990, by section 11(2)(d) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 37(4): repealed, on 1 April 1991, by section 7(2)(k) of the Social Se­ curity Amendment Act 1991 (1991 No 1).

Section 37(5): repealed, on 1 April 1991, by section 7(2)(k) of the Social Se­ curity Amendment Act 1991 (1991 No 1).

Section 37(6): repealed, on 1 August 1991, by section 16(2)(e) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 37(7): repealed, on 1 March 1991, by section 32(2)(a) of the Social Security Amendment Act 1991 (1991 No 1).
Section 37(9): repealed, on 1 July 1996, by section 32(3)(b) of the Social Se­ curity Amendment Act 1996 (1996 No 20).

26 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 3 s 42 38 39 40 41 42 Miscellaneous amendments to Social Security Act 1964 and War Pensions Act 1954 Amendments to Social Security Act 1964 [Repealed] Section 38: repealed, on 17 September 1997, pursuant to section 6(4)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Amendment to War Pensions Act 1954 Amendment(s) incorporated in the Act(s).

Amending Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s).
Validation of exercise of Director­General’s powers pursuant to a purported delegation If any ofﬁcer of the Department has, at any time before the commencement of this section, purported to exercise any power, function, or discretion of the Director­General under the Social Security Act 1964, and the exercise of that power, function, or discretion would have been valid if it had been carried out pursuant to a valid delegation by the Director­General (with the written consent of the Minister of Social Welfare) pursuant to section 10 of the Social Security Act 1964, the exercise of that power, function, or discretion shall be deemed to have been valid.
Part 3 New Zealand Artiﬁcial Limb Board Interpretation In this Part and in Schedule 3, unless the context otherwise requires,— Board means the New Zealand Artiﬁcial Limb Board consti­ tuted by section 43 existing body means the body known as the Artiﬁcial Limb Board (also known as the New Zealand Artiﬁcial Limbs Board), being the body that the Rehabilitation Board, pur­ porting to act pursuant to section 13 of the Rehabilitation Act 1941, purported to establish pursuant to an instrument of 27 Part 3 s 43 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 delegation made pursuant to a resolution of the Rehabilitation Board dated 5 March 1970 undertaking means all property, contracts, engagements, rights, authorities, and liabilities that purport to be property, contracts, engagements, rights, authorities, and liabilities of the existing body, including any grants, subsidies, donations, and gifts.
New Zealand Artiﬁcial Limb Board There is hereby established a Board called the New Zealand Artiﬁcial Limb Board.

The Board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Board except to the extent that this Act expressly provides otherwise.

Section 43(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 43(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Functions The functions of the Board are— (a) to manufacture, import, export, market, distribute, sup­ ply, ﬁt, repair, and maintain artiﬁcial limbs and similar devices: to provide rehabilitative and other services to persons in connection with artiﬁcial limbs and similar devices: to carry out research and development in relation to arti­ ﬁcial limbs and similar devices: to advise the Minister on matters relating to artiﬁcial limbs and similar devices.
(b) (c) (d) Section 44(a): amended, on 30 June 1993, by section 6(a) of the Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58).

Section 44(b): amended, on 30 June 1993, by section 6(a) of the Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58).

Section 44(b): amended, on 30 June 1993, by section 6(b) of the Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58).
Section 44(c): amended, on 30 June 1993, by section 6(a) of the Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58).

43 (1) (2) (3) 44 28 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Part 3 s 47 Section 44(d): amended, on 30 June 1993, by section 6(a) of the Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58).
45 Powers of Board [Repealed] Section 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
46 Membership of Board (1) The Board shall consist of 6 members appointed under section 28(1)(a) of the Crown Entities Act 2004, including— (a) (b) [Repealed] 1 member to be appointed by the Minister to represent the interests of war amputees: 1 member to be appointed by the Minister on the nom­ ination of the Amputees Federation of New Zealand: 1 member to be appointed by the Minister on the nom­ ination of the New Zealand Orthopaedic Association: 1 member to be appointed by the Minister to represent Area Health Boards, which member shall be appointed on the nomination of the Minister of Health: 1 member to be appointed by the Minister on the nom­ ination of the Board.
(c) (d) (e) (f) (2) Members of the Board are the board for the purposes of the Crown Entities Act 2004.

Section 46(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 46(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 46(1)(b): amended, on 20 September 2007, by section 4 of the Social Welfare (Transitional Provisions) Amendment Act 2007 (2007 No 81).
Section 46(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

47 Board to comply with Government policy [Repealed] Section 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
29 Part 3 s 48 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 48 49 50 Review of operation of Board As soon as practicable after the expiry of the period of 3 years beginning on the date of commencement of this Act, and then at intervals of not more than 5 years, the Board shall— review the operation of the Board since— (a) (i) the date of the commencement of this Act (in the case of the ﬁrst review carried out under this paragraph); or the date of the last review carried out under this paragraph (in the case of every subsequent re­ view); and (ii) (b) consider— (i) whether the Board should be retained or abol­ ished; and (ii) whether any amendments to this Part are neces­ sary or desirable; and report its ﬁndings to the Minister.
(c) Further provisions applying to Board The provisions set out in Schedule 3 shall apply in respect of the Board.

Contracts of Board [Repealed] Section 50: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Transitional provisions applying to Board 51 (1) On the commencement of this Act,— (a) (b) the undertaking of the existing body shall vest in the Board; and all money that is purportedly payable to the existing body shall become payable to the Board.
(2) On the commencement of this Act, every person who purports to be an employee of the existing body shall become an em­ ployee of the Board but, for the purposes of every enactment, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employ­ ment which that employee purports to have with the existing 30 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Schedule 1 (3) body shall be deemed to have been unbroken and the period of service with the existing body shall be deemed to have been a period of service with the Board.
The terms and conditions of employment of each employee to whom subsection (2) applies shall, until varied, be identical with the terms and conditions that purport to be the terms and conditions of that employee’s purported employment with the existing body immediately before the commencement of this Act.

(4) No such employee shall be entitled to receive any payment or other beneﬁt by reason only of that employee ceasing by virtue of this Act to be an employee of the existing body.
(6) (5) Any person who, immediately before the commencement of this Act, purported to hold ofﬁce as a member of the exist­ ing body shall, on the commencement of this Act, be deemed to have been appointed under section 46 as a member of the Board for a term of 5 years, and the provisions of this Act shall apply accordingly.
Every agreement, contract, deed, instrument, undertaking, or notice entered into, executed, or given by the existing body, and every action taken by the existing body, before the com­ mencement of this Act, to the extent that it would have been valid if entered into, executed, given, or taken by the Board after the commencement of this Act, is hereby validated and declared to have been lawfully entered into, executed, given, or taken.
Schedule 1 Rates of New Zealand superannuation and veterans’ pensions [Repealed] ss 6, 11, 18A Schedule 1: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

31 Schedule 2 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Schedule 2 Payments on death of veteran or veteran’s spouse [Repealed] s 12 Schedule 2: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Schedule 3 Provisions applying in respect of New Zealand Artiﬁcial Limb Board s 49 Term of ofﬁce [Repealed] Clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Continuation in ofﬁce after term expires [Repealed] Clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Extraordinary vacancies [Repealed] Clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Presiding member and deputy presiding member [Repealed] Clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Meetings [Repealed] Clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
32 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Schedule 3 6 Presiding member to preside at meetings [Repealed] Clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

7 (1) Appointment of deputies The Minister may appoint any person to be the deputy of any appointed member of the Board.
(2) No person shall be appointed under subclause (1) as the deputy of any appointed member of the Board unless that person is eligible to be appointed as an appointed member of the Board.

[Repealed] (3) (4) Any person who is appointed under this clause as the deputy of any member of the Board may attend any meeting of the Board in the place of the person whose deputy that person is.

[Repealed] Clause 7(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(5) Clause 7(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 9 10 Voting at meetings [Repealed] Clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Procedure [Repealed] Clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Board may appoint committees [Repealed] Clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
33 Schedule 3 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Fees and travelling allowances [Repealed] Clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Employees [Repealed] Clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Personnel policy [Repealed] Clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Equal employment opportunities programme [Repealed] Clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Choice of procedure [Repealed] Clause 15: repealed, on 1 December 2004, by section 72 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
Superannuation or retiring allowances For the purpose of providing a superannuation fund or retiring allowance for any of the ofﬁcers or employees of the Board, sums by way of subsidy may from time to time be paid into any scheme under the National Provident Fund Act 1950 con­ taining provision for employer subsidy or into any other em­ ployer­subsidised scheme approved by the Minister of Finance for the purposes of this clause.
Application of certain Acts to members and employees [Repealed] Clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11 34 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Schedule 3 Funds of Board [Repealed] Clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Bank accounts [Repealed] Clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Investment of money [Repealed] Clause 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Seal [Repealed] Clause 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Exemption from income tax The income of the Board shall be exempt from income tax.
Annual report [Repealed] Clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Statement of Board’s goals [Repealed] Clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

25 Members not personally liable [Repealed] Clause 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
35 Schedule 4 Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Schedule 4 Rates of transitional retirement beneﬁt [Repealed] s 7A(4) Schedule 4: repealed, on 31 March 2004, by section 3(3) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Schedule 5 Speciﬁed Paciﬁc countries [Repealed] s 17B Schedule 5: repealed, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
36 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent ﬁrst) 5 Notes 1 2 3 General This is a reprint of the Social Welfare (Transitional Provisions) Act 1990.
The reprint incorporates all the amendments to the Act as at 20 September 2007 as speciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the ofﬁcial volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.

not included followed are the For example, and in Acts, revoked are omitted.
37 Notes Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 see For a detailed list of http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
the editorial conventions, Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reﬂects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of deﬁnitions (eg, the deﬁned term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 38 Reprinted as at 20 September 2007 Social Welfare (Transitional Provisions) Act 1990 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after deﬁnitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross­references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the ﬁrst word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two­column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent ﬁrst) Social Welfare (Transitional Provisions) Amendment Act 2007 (2007 No 81) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1) Crown Entities Act 2004 (2004 No 115): section 200 Employment Relations Amendment Act (No 2) 2004 (2004 No 86): section 72 War Pensions Amendment Act 2003 (2003 No 18): section 12(1) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8) New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84): section 77 Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88) Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): sections 11, 12(c) 39 Notes Social Welfare (Transitional Provisions) Act 1990 Reprinted as at 20 September 2007 Social Security Amendment Act (No 4) 1997 (1997 No 63): section 6(4)(c) War Pensions Amendment Act 1996 (1996 No 156): section 2(2) Social Security Amendment Act 1996 (1996 No 20): section 45(1) Income Tax Act 1994 (1994 No 164): section YB 3(1) Social Security Amendment Act 1994 (1994 No 86): section 3(4)(c) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) Social Welfare (Transitional Provisions) Amendment Act 1993 (1993 No 58) Social Security Amendment Act (No 3) 1993 (1993 No 57): section 10(2)(d) Social Security Amendment Act (No 2) 1991 (1991 No 78):
 section 16(2)(e) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77) Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4) Social Security Amendment Act 1991 (1991 No 1): sections 7(2)(k), 24(3)(b), 32(2)(a) Social Security Amendment Act (No 2) 1990 (1990 No 74): sections 2(2)(b), 11(2)(d) 12 40 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008