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Social Security Act 2018

General provisions

9: Interpretation: references to old law, and using it as a guide

You could also call this:

“How to understand references to old laws in the new Social Security Act”

When you see references to old laws like the Social Security Act 1964 or the Social Welfare Act 1990 in other documents, you should think of them as referring to this new law, the Social Security Act 2018. This helps make sure that the meaning of those references stays the same.

The new law is meant to do the same things as the old laws did. It’s just written in a new way. However, if something in the new law isn’t clear or doesn’t make sense, you can look at the old law to help understand what it means.

There are some exceptions to this rule. If the new law is listed in Schedule 11, or if it has been changed since it first came into effect, then you can’t use the old law to help understand it.

Remember, this is just about how to understand the law. It doesn’t change what the law actually says or does.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783127.

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10: Comparative tables of old and new provisions, or

“Tables comparing old and new laws to help understand changes”

Part 1 General provisions

9Interpretation: references to old law, and using it as a guide

  1. A reference in an enactment or a document to the following former enactments or to a provision of them, is to be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document:

  2. the Social Security Act 1964 (except sections 69FA and 132D, Part 4, and Schedules 27 and 30, which are provisions rewritten and replaced by the Residential Care and Disability Support Services Act 2018):
    1. the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (except Part 3 and Schedule 3, which are provisions rewritten and replaced by the Artificial Limb Service Act 2018).

      1. Subsection (1) is subject to the consequential amendments in Schedule 10.

      2. The provisions of this Act—

      3. are the provisions of those former enactments in rewritten form; and
        1. are intended to have the same effect as the corresponding provisions of those former enactments.

          1. Subsection (3) is subject to subsections (5) and (6) and section 11.

          2. If the meaning of a provision of this Act that comes into force under section 2 (the new law) is unclear or gives rise to absurdity, the wording of a law that is repealed by section 455 or 456 and that corresponds to the new law (the old law) must be used to ascertain the meaning of the new law.

          3. Subsections (3) to (5) do not apply—

          4. to a new law listed in Schedule 11 (identified changes in legislation); or
            1. if a new law is affected by an amendment made after the new law’s commencement under section 2, to that new law after the amendment commences.

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