Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Administration - Payment of benefits, tax on benefits, debts and deductions - Debts and deductions

363: Duty unaffected by law on mistaken payments

You could also call this:

“You must pay back money given to you by mistake, even if the giver was wrong about the law or facts”

You can still recover money you owe even if it was paid to you by mistake. This is true even if someone made a mistake about the law or facts when they gave you the money. The law that usually stops people from getting back money they paid by mistake doesn’t apply in this case. This means that if you were given money you shouldn’t have received, you still have to pay it back, even if it was given to you because of a mistake.

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 It might be out of date or be missing some parts.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=DLM6783866.

Topics:
Money and consumer rights > Banking and loans
Previous

362: MSD’s duty to recover debts, or

“MSD must try to get back money people owe to the government, except in special cases”

Next

363A: Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions, or

“Computers can help decide about your benefits, but people are still in charge”

Part 6 Administration
Payment of benefits, tax on benefits, debts and deductions: Debts and deductions

363Duty unaffected by law on mistaken payments

  1. Recovery under section 362 of a debt is not prevented by the following:

  2. section 74B of the Property Law Act 2007 (payments made under mistake of law or fact not always recoverable):
    1. any other law relating to payment by or under mistake.

      Compare