Stewart Barbara: Questions for Oral Answer — Questions to MinistersText is incorporated into the Bound VolumeStewart Barbara: Questions for Oral Answer — Questions to Ministers[Sitting date: 06 June 2013. Volume:690;Page:10851. Text is incorporated into the Bound Volume.]3.CHRIS HIPKINS (Labour—Rimutaka) on behalf ofBARBARA STEWART (NZ First) to theMinister for Social Development: Does she consider that the direct deduction policy of overseas pensions from New Zealand Superannuation under Section 70 of the Social Security Act 1964 is consistent and fair?Hon CRAIG FOSS (Minister of Commerce) on behalf of theMinister for Social Development: Yes.Chris Hipkins: When an overseas pension is paid to a pensioner what justification is there for applying section 70 to the spouse in respect of their own entitlement to New Zealand superannuation?Hon CRAIG FOSS: This policy has been tested in courts of law over recent years and every single time the policy of deduction under section 70 has been found to be maintaining the status quo.Chris Hipkins: Has she received advice on the human rights implications of applying section 70 to the spouse of a pensioner who receives an overseas pension; if so does the advice raise the possibility of a claim under the Human Rights Act by the spouse?Hon CRAIG FOSS: I cannot confirm that advice but quite possibly the 2007 Labour - New Zealand First review of this policy may well have considered such matters which led to no substantive changes in this policy.Chris Hipkins: Supplementary question on behalf of Barbara Stewart—Mr SPEAKER: Order! The member cannot raise supplementary questions on behalf of a member. Supplementary questions are being raised by—Chris Hipkins: OK in that case just to clarify Mr Speaker New Zealand First has transferred its supplementary question allocation to us.Mr SPEAKER: I accept that.Chris Hipkins: How would she respond to a possible human rights class action by the New Zealand superannuitants affected by the direct deduction of overseas pensions?Hon CRAIG FOSS: We will just have to wait and see if that was to come about.Chris Hipkins: Does she review the use of her chief executive’s discretion under section 70 in so far as it affects overseas occupational pensions under the direct deduction policy; if so when was the last such review?Hon CRAIG FOSS: Mr Speaker can I ask what the very last part of that question was?Mr SPEAKER: Would the member please repeat the entire question. The reason it was not heard was because of the level of interjection that is coming from my right-hand side of the House.Chris Hipkins: Does she review the use of her chief executive’s discretion under section 70 in so far as it affects overseas occupational pensions under the direct deduction policy; if so when was the last such review?Hon CRAIG FOSS: I understand that the last review of all the policies in and around section 70 and the deduction of overseas pensions was by the Labour - New Zealand First coalition Government in 2007 and no substantive changes to administration or policies were put in place subsequent to that review.Chris Hipkins: Is she aware of the concerns expressed by the United States Canada and other Governments on the direct deduction policy to the extent that these concerns will impede future social security agreements between New Zealand and these countries?Hon CRAIG FOSS: Sorry I cannot confirm whether the Minister is aware of that but I do know that those particular issues have been raised for quite some time and I think they were considered as part of the 2007 review by New Zealand First and Labour where they did not come out with any findings—Mr SPEAKER: Order! That is quite a sufficient answer.