Social Security Act 2018

Administration - Reciprocity agreements with other countries - Orders

380: Orders adopting reciprocity agreements

You could also call this:

“Rules for making social security agreements with other countries”

This law allows the government to make agreements with other countries about social security money benefits. These are called reciprocity agreements. Here’s how it works:

The Governor-General can make an order to do a few things:

They can make the agreement or changes to it part of New Zealand law.

They can change some laws to make the agreement work. These laws include the Social Security Act, part of the Veterans’ Support Act, and part of the New Zealand Superannuation and Retirement Income Act.

They can cancel old orders about agreements that aren’t used anymore.

The Governor-General can decide when these orders start. This could be before, on, or after the day they make the order.

There’s another law, section 381, that also applies to this.

When the Governor-General makes an order like this, it becomes a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783894.

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Part 6 Administration
Reciprocity agreements with other countries: Orders

380Orders adopting reciprocity agreements

  1. The purpose of this section is to enable effect to be given in New Zealand law to an agreement (for example, a Convention), or an alteration to an agreement, with the Government of another country providing for reciprocity in respect of matters relating to social security monetary benefits (a reciprocity agreement).

  2. The Governor-General may, by Order in Council, do all or any of the following:

  3. declare all or any provisions of, or of an alteration to, a reciprocity agreement (being provisions set out in a schedule of the order) have force and effect so far as they relate to New Zealand:
    1. declare that the following enactments (and any regulations or orders made, and in force, under the following Acts) have effect subject to any modifications required for the purpose of giving effect to the agreement or alteration:
      1. this Act:
        1. Part 6 of the Veterans’ Support Act 2014:
          1. Part 1 of the New Zealand Superannuation and Retirement Income Act 2001:
          2. revoke a previous order that applied in respect of, or in respect of an alteration to, a reciprocity agreement if the agreement or alteration is no longer in force or if, on the commencement of the order, the previous order is intended to be no longer in force.
            1. The Governor-General may, by the same or a later Order in Council, specify the date on which an order made under subsection (2) is to come into force (which may be a date before, on, or after the date on which the order is made under subsection (2)).

            2. This section is subject to section 381.

            3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Compare
            Notes
            • Section 380(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).