Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Enforcement: sanctions and offences - Offences

290: Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits

You could also call this:

“It's against the law to lie or trick the government to get benefits”

If you make a false statement to get or keep getting benefits for yourself or someone else, you are breaking the law. This includes any advantages like money, cards, or special treatment from the government.

You are also breaking the law if you try to trick someone by saying or doing something misleading, or by not saying or doing something you should, to get or keep getting benefits for yourself or someone else.

Benefits can be things like money from the government, special cards, or better treatment when the government is deciding how much help you should get.

If you break this law, you might have to go to jail for up to 12 months or pay a fine of up to $5,000, or both.

Remember, it’s important to always tell the truth when dealing with the government about benefits.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6783747.

Topics:
Crime and justice > Criminal law
Money and consumer rights > Banking and loans
Government and voting > Government departments
Previous

289: MSD may cancel incentive payment, or

“MSD can stop your reward payment if you break the rules”

Next

291: Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary's fraud, or

“Crime for benefiting from your partner's benefit fraud”

Part 5 Enforcement: sanctions and offences
Offences

290Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits

  1. A person (P) commits an offence if—

  2. P makes a statement knowing that it is false in a material particular; and
    1. P’s statement—
      1. is made for the purpose of receiving or continuing to receive an advantage (whether for P or another person); or
        1. results in P or another person receiving or continuing to receive an advantage.

        2. A person (P) commits an offence if—

        3. P wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead a person; and
          1. P’s act, statement, or omission—
            1. is done or made for the purpose of receiving or continuing to receive an advantage (whether for P or another person); or
              1. results in P or another person receiving or continuing to receive an advantage.

              2. In this section, advantage means—

              3. any benefit under this Act, Part 6 of the Veterans' Support Act 2014, or Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
                1. any exemption from an obligation under this Act; or
                  1. any payment from a Crown Bank Account in accordance with this Act; or
                    1. any entitlement card issued under regulations made under section 437; or
                      1. a more favourable means assessment under Part 6 (and all related provisions) of the Residential Care and Disability Support Services Act 2018 than P would otherwise have been entitled to; or
                        1. a more favourable means assessment under Part 8 (and all related provisions) of the Residential Care and Disability Support Services Act 2018 than P would otherwise have been entitled to.

                          1. A person who commits an offence under this section is liable on conviction to a penalty that is either or both:

                          2. imprisonment for a term not exceeding 12 months:
                            1. a fine not exceeding $5,000.

                              1. This section does not limit section 72 of the Residential Care and Disability Support Services Act 2018.

                              Compare