Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Administration

71Y: Recovery of payments

You could also call this:

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

If you receive a payment under this part of the law by mistake, and it wasn’t your fault, the department can’t make you pay it back if two things are true:

  1. You got the money thinking it was meant for you.
  2. You’ve used the money in a way that would make it unfair to ask for it back.

This means if you get money you weren’t supposed to, but you didn’t know it was a mistake and you’ve already spent it or made plans based on having it, you might not have to give it 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=DLM121756.

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“You can get in trouble for lying to get parental leave benefits”

Part 7A Payment for parental leave
Administration

71YRecovery of payments

  1. The department may not recover any payment or part of a payment under this Part that was paid as a result of an error not intentionally contributed to by the recipient if the recipient—

  2. received the payment in good faith; and
    1. has so altered his or her position in reliance on the validity of the payment that it would be inequitable to require repayment.

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