Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: issue of warrant for beneficiary’s arrest

213: Immediate suspension of benefit at request of New Zealand Police

You could also call this:

“Police can ask to stop your benefit if they think you might be dangerous”

If you are receiving a benefit, the Ministry of Social Development (MSD) can stop your payments right away if certain things happen. This can occur if the police have started legal action against you for breaking the law, and they have a warrant to arrest you that hasn’t been sorted out yet. The police also need to tell MSD in writing that they think you might be dangerous to other people. This written notice has to be signed by the Police Commissioner or by a police officer who is an inspector or higher rank. The notice must ask MSD to stop your benefit because of the risk they think you pose. When all these things happen, MSD can immediately stop paying your benefit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783566.

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212: Requirements for unresolved warrant notice, or

“What a notice about an unresolved warrant tells you and what you need to do”


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214: Beneficiary and offence defined for section 213, or

“Explaining who and what section 213 covers”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: issue of warrant for beneficiary’s arrest

213Immediate suspension of benefit at request of New Zealand Police

  1. MSD may suspend immediately a benefit payable to a person (P) if—

  2. MSD is satisfied that—
    1. criminal proceedings have been commenced against P in a New Zealand court for an offence; and
      1. a warrant has been issued in New Zealand for P’s arrest in connection with those proceedings; and
        1. the warrant has not been resolved; and
        2. the New Zealand Police has given MSD a written notice that—
          1. states that the Commissioner of Police considers on reasonable grounds that P is a risk to public safety; and
            1. requests MSD on the ground of that risk to suspend the benefit payable to P; and
              1. is signed by the Commissioner or by a constable who occupies a position of the level of inspector or above.
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