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Social Security Act 2018

Administration - Prosecutions and debt-recovery proceedings, and maintenance proceedings

387: Prosecutions and debt recovery proceedings: representation and fees

You could also call this:

“Rules for court cases about social security law-breaking or owing money”

If you break the law related to social security or owe money to the government because of social security, there are special rules about how these matters are handled in court.

The Ministry of Social Development (MSD) can send one of their workers to represent them in court. This worker doesn’t need to prove they’re allowed to be there - just the fact that they’re there is enough to show they have permission.

If one MSD worker starts a court case, another MSD worker can take over and continue it if needed.

You don’t have to pay any court fees for these types of cases. This means it doesn’t cost you money to go to court for these social security matters.

These rules apply to cases about breaking social security laws or owing money to the government because of social security. The government can make you pay back money you owe them, as mentioned in section 444 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783922.

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Part 6 Administration
Prosecutions and debt-recovery proceedings, and maintenance proceedings

387Prosecutions and debt recovery proceedings: representation and fees

  1. This subsection applies to proceedings in respect of—

  2. offences under this Act or under regulations made under this Act; or
    1. recovery, required by regulations made under section 444, of a debt due to the Crown.

      1. In any proceedings to which subsection (1) applies,—

      2. any MSD employee authorised either generally or specifically by MSD for the purpose may appear on behalf of MSD; and
        1. the fact that an MSD employee appears on behalf of MSD is sufficient evidence of the MSD employee’s authority to do so.

          1. Any proceedings to which subsection (1) applies that are commenced by an authorised MSD employee may be continued by the same or any other authorised MSD employee.

          2. No court fees are payable in connection with any proceedings to which subsection (1) applies.

          Compare
          • SR 2007/229 r 9