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Social Security Act 2018

Other provisions - Regulations

451: Regulations: how to begin, and procedure and powers for, review or appeal

You could also call this:

“Rules for starting and handling reviews or appeals in social security matters”

The Governor-General can make rules about how to start a review or appeal, and what happens during these processes. These rules can cover many things:

They can say how the committee, authority, court, or board should handle the review or appeal. This includes what they can do with the decision being reviewed or appealed, like agreeing with it, changing it, or cancelling it.

The rules can also say that the Ministry of Social Development (MSD) must pay for travel and accommodation costs for people who appeal and need to appear before the appeal authority.

MSD might need to write a report about an appeal for the appeal authority. The rules can say what needs to be in this report and that the appeal authority must think about it when making their decision.

The appeal authority can look at any information that might help them, even if it wouldn’t usually be allowed in court. They can also decide who should pay for the costs of the appeal, including making MSD pay for some or all of the appeal authority’s costs.

There can be rules about how to appeal to the High Court, including how the High Court should deal with these appeals.

These rules are called secondary legislation, which means they have to follow certain steps to become official laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784024.

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450: Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country, or

“Rules about sharing information with other countries to check benefit details”

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452: Orders in Council: discretionary increases in rates of benefits, etc, or

“Government can increase benefit payments and change eligibility rules”

Part 8 Other provisions
Regulations

451Regulations: how to begin, and procedure and powers for, review or appeal

  1. The Governor-General may, by Order in Council, make regulations for the purposes of sections 394, 403(a), 407, and 414.

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

  3. provide for the procedure the committee, authority, court, or board must follow on the review or appeal:
    1. provide for the committee’s, authority’s, or board’s power to deal with (for example, confirm, vary, revoke, or refer back to MSD with reasons for the referral back and related directions for reconsideration) the decision reviewed or appealed:
      1. require MSD, out of money appropriated by Parliament for the purpose, to pay the actual and reasonable travelling and accommodation expenses (if any) incurred by an appellant who appears before the appeal authority:
        1. require MSD to report to the appeal authority on an appeal, provide for required contents of the report, and require the appeal authority in determining the appeal to have regard to MSD’s report on the appeal:
          1. authorise the appeal authority to receive as evidence any statement, document, information, or matter which in the authority’s opinion may assist it to deal with the matters before it, whether or not it would be otherwise admissible in a court of law:
            1. authorise the appeal authority to make a costs award or order in favour of, or against, an appellant and, if the appeal authority considers it appropriate, to require MSD to pay a sum fixed by the authority to cover all or part of the costs the appeal authority has incurred in hearing and determining the appeal:
              1. provide for the procedure for appeals to the High Court by way of case stated:
                1. require an appeal to the High Court by way of case stated to be dealt with and determined (in particular, require the High Court to hear and determine the question of law in the case stated), in accordance with rules of court that are applicable and not inconsistent with this Act and the regulations.

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

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                  Notes
                  • Section 451(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).