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Social Security Act 2018

Other provisions - Regulations

444: Regulations: debts and deductions

You could also call this:

"Rules about paying back money you owe the government"

The Governor-General can make rules about debts and deductions. You might owe money to the government, and these rules say how that money can be collected. The rules can say what counts as a debt to the government. They can also say when the government does not have to collect a debt, such as if the debt was caused by a mistake that was not your fault.

The government can make rules about how to collect debts, and they can tell MSD how to do it. MSD is the Ministry of Social Development, and they are in charge of collecting debts. The rules can also say what happens if someone who owes money dies, and how to get the money from their estate.

If you owe money, the government can make rules about how to take that money from you. They can also make rules about what evidence can be used in court if there is a dispute about the debt. The rules are called secondary legislation, which means they are made under a law, and you can find out more about this in Part 3 of the Legislation Act 2019.

The Minister can give directions about how to collect debts, and these directions are also secondary legislation. If the Minister gives these directions, the rules must say so. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784017.

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Part 8Other provisions
Regulations

444Regulations: debts and deductions

  1. The Governor-General may, by Order in Council, make regulations for the purposes of section 353.

  2. Regulations made under subsection (1) may (without limitation) do all or any of the following:

  3. specify sums that are debts due to the Crown (which may, but need not, be amounts this Act states are debts due to the Crown, and subject to recovery, under regulations made under this section):
    1. prescribe exceptions to the debt-recovery duty imposed on MSD by section 362 (for example, because—
      1. a debt was caused wholly or partly by an error to which the debtor did not intentionally contribute:
        1. debt recovery is remitted or suspended under regulations made under section 448:
          1. MSD determines a debt is uneconomic to recover:
            1. the Minister and the Minister of Finance have given jointly for public finance purposes generally an authorisation about debts that are to be written off):
            2. require MSD to determine, having regard to Ministerial debt recovery directions given in writing under the regulations, rates and methods of debt recovery:
              1. provide for recovery from the estate of a deceased beneficiary, from the estate of a beneficiary’s deceased spouse or partner, or from both estates, an excess amount a beneficiary obtained:
                1. provide for the District Court, on application by an executor or administrator of an estate on whom a notice of assessment is served by MSD, to have jurisdiction to review, confirm or cancel, or make any other order it considers just and equitable in respect of, any MSD determination under the regulations of an excess amount (irrespective of that amount) paid to a person, assessed by MSD under the regulations, and to be recovered under regulations made under paragraph (d) or (g):
                  1. authorise the District Court to receive as evidence any statement, document, information, or matter that may in its opinion assist the court to deal effectively with the application, whether or not it would be otherwise admissible in a court of law:
                    1. provide for MSD to issue a deduction notice requiring a debtor’s payer to deduct, and pay MSD, an amount due.

                      1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      2. If the regulations authorise the Minister to give debt recovery directions referred to in subsection (2)(c),—

                      3. a debt recovery direction made under those regulations is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                        1. the regulations must contain a statement to that effect.

                          1. Repealed
                          Compare
                          Notes
                          • Section 444(3): replaced, on , by regulation 87 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
                          • Section 444(4): inserted, on , by regulation 87 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
                          • Section 444(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).