Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Administration

71X: Recovery of debts by department

You could also call this:

“How the government gets back money it paid you by mistake”

If you get paid more money than you should have under this law, or if you get paid when you shouldn’t have at all, you owe that extra money back to the government department. This is called an overpayment.

The department can get this money back in two ways. They can take you to court to get the money, or they can take the money out of any future payments they owe you under this law.

There’s another rule called section 71Y that might change how this works, so the department has to follow that rule too when they try to get the money back.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121753.

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“The government can ask for information about your parental leave payment”

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71Y: Recovery of payments, or

“When you don't have to pay back money given to you by mistake”

Part 7A Payment for parental leave
Administration

71XRecovery of debts by department

  1. A sum (an overpayment) paid under this Part is a debt due to the department if the sum was—

  2. paid to a person in excess of the amount to which the person is entitled under this Part; or
    1. paid to a person who has no entitlement to it under this Part.

      1. The department may—

      2. recover the debt by way of proceedings; or
        1. deduct all or part of the debt from any amount payable to that person under this Part.

          1. This section is subject to section 71Y (recovery of payments).

          Compare
          Notes
          • Section 71X: inserted, on , by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).