Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751213701.pdf (New Zealand)
Social Assistance (Residency Qualification) Legislation Bill Government Bill Explanatory note General policy statement This Bill is an omnibus Bill introduced under Standing Order 263(a).

That Standing Order states that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy.
Eligible New Zealanders can currently receive their New Zealand superannuation and veteran’s pension in the Cook Islands, Niue, and Tokelau under provisions of the New Zealand Superannuation and Retirement Income Act 2001 and Veterans’ Support Act 2014 that allow people to be paid that payment in a specified Pacific country.
An amendment to these provisions, introduced in 2015, allows people in the Cook Is- lands, Niue, or Tokelau to apply for New Zealand superannuation or veteran’s pen- sion from the islands rather than needing to be ordinarily resident in New Zealand at the time of their application, provided they are 65 or over, and met the other residence requirements (10 years in New Zealand since age 20, and also 5 years since age 50) before they left New Zealand to live in the Cook Islands, Niue, or Tokelau.
The purpose of this Bill is to alter the residential qualifications for New Zealand superannuation and the veteran’s pension to allow the requirement that a person also have 5 years’ residence and presence in New Zealand over the age of 50 years to be met instead with residence and presence in New Zealand, the Cook Islands, Niue, or Tokelau, or any combination of those countries and that territory.
The changes take into account New Zealand’s close constitutional relationships with the Cook Islands, Niue, and Tokelau.

As people born in the Cook Islands, Niue, and Tokelau are New Zealand citizens, the Bill reflects the constitutional responsibility that New Zealand has for its citizens living in those Pacific countries and that territo- ry, and the relationship those citizens have with New Zealand.
46—1 2 Social Assistance (Residency Qualification) Legislation Bill Explanatory note Minister of Finance’s statement on consultation process followed in formulating amendment to New Zealand Superannuation and Retirement Income Act 2001 included in this Bill Introduction Section 73 of the New Zealand Superannuation and Retirement Income Act 2001 (the Act) provides that the Minister must, on the introduction into the House of Represen- tatives of a Government Bill that proposes an amendment to the Act, bring to the at- tention of the House the consultation process followed in formulating the proposed amendment.
The term Minister, for the purposes of section 73, is defined in section 5 of the Act as the Minister of Finance.

The statement must include (without limita- tion)— • • • whether consultation has taken place with the parties that are in agreement with the Part proposed to be amended (as listed in Schedule 4 of the Act): whether consultation has taken place with the Guardians of New Zealand Superannuation (to the extent that the amendment relates to Part 2 of the Act): the results of the consultation.
This Bill proposes amendments to Part 1 of the Act.

The Bill also proposes amend- ments to the Veterans’ Support Act 2014.

Consultation process The Green Party and the New Zealand National Party have been consulted and agree with the proposed changes.

Whilst the New Zealand First Party are not currently listed in Schedule 4 of the Act, they have also been consulted and agree with the pro- posed changes.
No consultation was undertaken with the Guardians of New Zealand Superannuation, as the Bill does not propose to amend Part 2 of the Act.

The proposed amendments are clearly beneficial for people who wish to move to the Cook Islands, Niue or Tokelau.

The amendments in the Bill have been the subject of a longstanding request from the leaders of the Cook Islands, Niue and Tokelau, who view greater flexibility around pension portability as a driver for increased economic activity.
The Ministry of Foreign Affairs and Trade, Veterans’ Affairs New Zealand and the Ministry for Pacific Peoples support the proposed amendments to the Act.

Departmental disclosure statement The Ministry of Social Development is required to prepare a disclosure statement to assist with the scrutiny of this Bill.

The disclosure statement provides access to infor- mation about the policy development of the Bill and identifies any significant or un- usual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?

type=bill&subtype=government&year=2018&no=46 Explanatory note Social Assistance (Residency Qualification) Legislation Bill 3 Regulatory impact assessment The Ministry of Social Development produced a regulatory impact assessment on 31 January 2018 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— • • https://www.msd.govt.nz/about-msd-and-our-work/publications-resources/ regulatory-impact-statements/regulatory-impact-statement-improving-super- annuation-portability-to-the-cook-islands-niue-and-tokelau.html http://www.treasury.govt.nz/publications/informationreleases/ris Clause 1 is the Title clause.

Clause by clause analysis Clause 2 is the commencement clause.
The Act will come into force on a date to be appointed by Order in Council or 12 months after the Royal assent (whichever is the later).

The reason for deferred commencement is to allow for implementation of the changes made under the Bill and for the funding of these changes to be formally authorised.

Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Clause 3 provides that Part 1 amends the New Zealand Superannuation and Retire- ment Income Act 2001 (the principal Act).
Clause 4 inserts new section 5B to give effect to new Schedule 1AA of the principal Act, which contains transitional, savings, and related provisions.

Clause 5 amends section 8(c), which currently sets out, as 1 of 3 residency qualifica- tion requirements for New Zealand superannuation, that a person must also have been resident and present in New Zealand for a period or periods aggregating not less than 5 years since reaching the age of 50.
The amendment expands the locations in which this requirement can be met to include New Zealand, the Cook Islands, Niue, or Toke- lau, or any combination of them.

Clause 6 amends section 31(4), which was inserted by the Social Assistance (Porta- bility to Cook Islands, Niue, and Tokelau) Act 2015.

Section 31(4) currently sets out the criteria for certain eligible people to apply for New Zealand superannuation from the Cook Islands, Niue, or Tokelau.
The amendment removes the requirement that those people must meet the residency qualification requirements under section 8(b) and (c) before leaving New Zealand to reside in the relevant country or territory.
This change reflects the expanded residency qualification requirement under section 8(c) (as amended by clause 5) because people applying for New Zealand superannuation 4 Social Assistance (Residency Qualification) Legislation Bill Explanatory note from the Cook Islands, Niue, or Tokelau under section 31(4) can complete the resi- dency qualification requirements in section 8(c) after leaving New Zealand.

Clause 7 inserts new Schedule 1AA, which contains transitional, savings, and related provisions.
One of those provisions states that other transitional, savings, and related provisions, relating to the principal Act as enacted and as amended prior to the amendments in this Bill, are found in the body of the principal Act.

Part 2 Amendments to Veterans’ Support Act 2014 Clause 8 provides that Part 2 amends the Veterans’ Support Act 2014 (the principal Act).

Clause 9 inserts new section 4A, which gives effect to Schedule 1 of the principal Act relating to transitional, savings, and related provisions.
This amendment is made in conjunction with the repeal of sections 6 and 277 (by clauses 10 and 13 respectively), and the replacement of the heading to Schedule 1 (by clause 14), in order to rational- ise the transitional, savings, and related provisions in the principal Act.

Clause 10 repeals section 6 as new section 4A will replace section 6 in giving effect to Schedule 1 of the principal Act relating to transitional, savings, and related provi- sions.
Clause 11 amends section 191(4), which was inserted by the Social Assistance (Porta- bility to Cook Islands, Niue, and Tokelau) Act 2015.

Section 191(4) sets out the cri- teria for certain eligible people to apply for a veteran’s pension from the Cook Is- lands, Niue, or Tokelau.
The amendment removes the requirement that those people must meet the residency qualification requirements under section 8(b) and (c) of the New Zealand Superannuation and Retirement Income Act 2001 (the 2001 Act) before leaving New Zealand to reside in the relevant country or territory.
This change re- flects the expanded residency qualification requirement under section 8(c) of the 2001 Act (as amended by clause 5) because people applying for New Zealand superannu- ation from the Cook Islands, Niue, or Tokelau under section 191(4) can complete the residency qualification requirement under section 8(c) of the 2001 Act after leaving New Zealand.
Section 8(c) of the 2001 Act is relevant to the eligibility requirements for a veteran’s pension by virtue of section 161 of the principal Act, under which per- sons must be eligible to receive New Zealand superannuation in order to be entitled to a veteran’s pension.

Clause 12 amends section 265(1)(40) to update the reference to the heading of Sched- ule 1, which is amended under clause 14.
Clause 13 repeals section 277 because new section 4A will replace section 277 in giv- ing effect to Schedule 1 of the principal Act, which contains transitional, savings, and related provisions.

Clause 14 amends Schedule 1, which contains transitional, savings, and related provi- sions.
The amendments change the heading of Schedule 1 and make technical changes that relate to amendments in this Bill to rationalise the transitional, savings, Explanatory note Social Assistance (Residency Qualification) Legislation Bill 5 and related provisions in the principal Act.

This clause also inserts new Part 2 of Schedule 1, which contains transitional provisions relating to this Bill.
Hon Carmel Sepuloni Social Assistance (Residency Qualification) Legislation Bill Government Bill Contents Page Title Commencement Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Principal Act New section 5B inserted (Transitional, savings, and related provisions) Transitional, savings, and related provisions 5B Section 8 amended (Residential qualification for New Zealand superannuation) Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country) New Schedule 1AA inserted Part 2 Amendments to Veterans’ Support Act 2014 Principal Act New section 4A inserted (Transitional, savings, and related provisions) 4A Section 6 repealed (Application of provisions of this Act) Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country) Section 265 amended (Regulations) Transitional, savings, and related provisions 46—1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 1 cl 1 13 14 Social Assistance (Residency Qualification) Legislation Bill Section 277 repealed (Application, savings, and transitional provisions) Schedule 1 amended Part 1 Provisions relating to this Act as enacted Savings relating to this Act as enacted Transitional provisions relating to this Act as enacted Schedule 1 New Schedule 1AA of New Zealand Superannuation and Retirement Income Act 2001 inserted Schedule 2 New Part 2 of Schedule 1 of Veterans’ Support Act 2014 inserted 4 4 5 6 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Social Assistance (Residency Qualification) Legislation Act 2018.
2 (1) Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council.

(2) However, if this Act is not in force by the day that is 12 months after the date on which it receives the Royal assent, it comes into force on that day.

Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001 5 10 3 4 Principal Act This Part amends the New Zealand Superannuation and Retirement Income Act 2001 (the principal Act).
15 New section 5B inserted (Transitional, savings, and related provisions) After section 5A, insert: 5B Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
20 2 Social Assistance (Residency Qualification) Legislation Bill Part 2 cl 11 5 Section 8 amended (Residential qualification for New Zealand superannuation) Replace section 8(c) with: (c) has also been both resident and present for a period or periods aggregat- ing not less than 5 years since attaining the age of 50 years in any 1 or more of— 5 (i) (ii) New Zealand: the Cook Islands: (iii) Niue: (iv) Tokelau.
6 Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country) In section 31(4)(c), replace “, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b),” with “has”.

7 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 1 of this Act as the first sched- ule to appear after the last section of the principal Act.
Part 2 Amendments to Veterans’ Support Act 2014 8 9 Principal Act This Part amends the Veterans’ Support Act 2014 (the principal Act).

New section 4A inserted (Transitional, savings, and related provisions) After section 4, insert: 4A Transitional, savings, and related provisions 10 15 20 The transitional, savings, and related provisions set out in Schedule 1 have ef- fect according to their terms.

25 10 Section 6 repealed (Application of provisions of this Act) Repeal section 6.
11 Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country) 30 In section 191(4)(c), replace “, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b),” with “has”.

3 Part 2 cl 12 Social Assistance (Residency Qualification) Legislation Bill 12 Section 265 amended (Regulations) In section 265(1)(40), replace “application, savings, and transitional provi- sions” with “transitional, savings, and related provisions”.
13 Section 277 repealed (Application, savings, and transitional provisions) Repeal section 277.

Schedule 1 amended In the Schedule 1 heading, replace “Application, savings, and transitional provisions” with “Transitional, savings, and related provisions”.

In the Schedule 1 heading, replace “6” with “4A”.

In the Schedule 1 heading, delete “, 277”.


In Schedule 1, replace the Part 1 heading with: 14 (1) (2) (3) (4) Part 1 Provisions relating to this Act as enacted Savings relating to this Act as enacted (5) In Schedule 1, replace the Part 2 heading with: Transitional provisions relating to this Act as enacted (6) In Schedule 1, after clause 15, insert the Part 2 set out in Schedule 2 of this Act.
5 10 15 4 Social Assistance (Residency Qualification) Legislation Bill Schedule 1 Schedule 1 New Schedule 1AA of New Zealand Superannuation and Retirement Income Act 2001 inserted Schedule 1AA Transitional, savings, and related provisions s 7 s 5B Part 1 Transitional, savings, and related provisions relating to Act as enacted or as amended prior to 2018 1 Transitional, savings, and related provisions in body of Act In addition to the transitional, savings, and related provisions set out in this Schedule, other transitional, savings, and related provisions apply as set out in the body of this Act.
Part 2 Provisions relating to Social Assistance (Residency Qualification) Legislation Act 2018 5 10 15 2 Interpretation In this Part, 2018 Act means the Social Assistance (Residency Qualification) Legislation Act 2018.

20 3 (1) (2) Application of section 8(c) This clause applies to a person who, on or after the date on which the 2018 Act comes into force, applies for New Zealand superannuation.
In determining whether the person has met the residential qualification in sec- tion 8(c), the person’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.
25 5 Schedule 2 Social Assistance (Residency Qualification) Legislation Bill Schedule 2 New Part 2 of Schedule 1 of Veterans’ Support Act 2014 inserted s 14(6) Part 2 Provisions relating to Social Assistance (Residency Qualification) Legislation Act 2018 5 16 Interpretation In this Part,— 2001 Act means the New Zealand Superannuation and Retirement Income Act 2001 10 2018 Act means the Social Assistance (Residency Qualification) Legislation Act 2018 Application of section 8(c) of the New Zealand Superannuation and Retirement Income Act 2001 This clause applies to a person who, on or after the date on which the 2018 Act comes into force, applies for a veteran’s pension.
15 In determining for the purposes of section 161(1)(b) or (2)(a), 162(1)(b) or (2)(a), or 163(1)(a) or (2)(a) of this Act whether the person is eligible to re- ceive New Zealand superannuation and, specifically whether he or she meets the residential qualification under section 8(c) of the 2001 Act, the person’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.
In determining for the purposes of section 163(1)(c) of this Act whether a vet- eran, had he or she not died, would have been eligible to receive New Zealand superannuation and, specifically whether the veteran would have met the resi- dential qualification under section 8(c) of the 2001 Act, the veteran’s resi- dence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.
In determining for the purposes of section 191(4)(c) whether a person has met the residential qualification for New Zealand superannuation under section 8(c) of the 2001 Act, the person’s residence and presence in any of the coun- tries or the territory before the 2018 Act came into force must be taken into account.

20 25 30 Wellington, New Zealand: Published under the authority of the New Zealand Government—2018 17 (1) (2) (3) (4) 6