Human Rights Act 1993

Unlawful discrimination - Special provisions relating to superannuation schemes

72: Power to vary trust deeds

You could also call this:

"Changing the rules of a superannuation scheme to follow the law"

You can change the rules of a superannuation scheme if it is necessary to follow the law. The people in charge of the scheme, called trustees, can make these changes with permission from the supervisor. They can change the rules to make sure the scheme follows certain parts of the law, like sections 22, 44, and 70. You must make these changes officially, which means you have to do it by deed, if you make them after the Human Rights Amendment Act 1994 started. This is so the changes are legal and everyone knows about them. The deed is like a special document that says what the changes are.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304669.

This page was last updated on 13 December 2025 — View changes

Topics:

Money and consumer rights > Savings and retirement

71: Reports on superannuation schemes, or

"Checking superannuation schemes are fair"

73: Measures to ensure equality, or

"Helping people who are treated unfairly to have an equal place in the community"

Part 2Unlawful discrimination
Special provisions relating to superannuation schemes

72Power to vary trust deeds

Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme, or the manager of the scheme with the supervisor's consent, may make such amendments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70.
Every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) on or after the commencement of the Human Rights Amendment Act 1994 must be made by deed.

Notes

Section 72: substituted, on 9 December 1994, by section 7 of the Human Rights Amendment Act 1994 (1994 No 138).
Section 72(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).