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Social Security Act 2018

Consequential amendments

Schedule 8: Appeal authority

You could also call this:

“Rules for the group that listens to people who disagree with decisions about their benefits”

The Social Security Appeal Authority is established by this schedule. It consists of at least 4 members appointed by the Governor-General, including a chairperson and deputy chairperson. Members serve terms of up to 5 years and can be reappointed.

The authority holds private hearings, but can order public hearings in some cases. It can hear matters electronically if appropriate. The chairperson can issue practice notes to guide the authority’s procedures. Information about the authority’s purpose and processes must be published online.

The authority has powers similar to a commission of inquiry. It is an offence to publish proceedings without authorization or to disrupt the authority’s hearings. The authority can exclude disruptive people from its sittings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784949.

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8Appeal authority Empowered by ss 401, 403, Schedules 1, 2

1Social Security Appeal Authority

  1. This clause establishes the Social Security Appeal Authority.

  2. The authority consists of at least 4 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice.

  3. One of the members must be appointed as the authority’s chairperson and another member as the authority’s deputy chairperson.

  4. The deputy chairperson, when acting as the chairperson, has the same responsibilities as the chairperson.

  5. The chairperson may delegate a responsibility or function of the chairperson to the deputy chairperson.

Compare
Notes
  • Schedule 8 clause 1(2): amended, on , by section 309(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Schedule 8 clause 1(3): amended, on , by section 309(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Schedule 8 clause 1(4): inserted, on , by section 309(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Schedule 8 clause 1(5): inserted, on , by section 309(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

2Term of office of members

  1. Every member (except so far as this Act provides otherwise)—

  2. holds office for a term of up to 5 years; and
    1. may be reappointed.

      1. A member continues in office despite the expiry of his or her term of office until—

      2. the member is reappointed; or
        1. the member’s successor is appointed; or
          1. the member is notified that a replacement member will not be appointed; or
            1. the member vacates or is removed from office.

              1. A member who continues in office for any period under subclause (2), unless he or she was removed from office, may act as a member during that period for the purpose of—

              2. completing any appeal partly or wholly heard by the authority before the expiry of the member’s term of office:
                1. hearing any other appeal.

                  1. A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.

                  Compare
                  Notes
                  • Schedule 8 clause 2(1)(a): amended, on , by section 309(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Schedule 8 clause 2(2): replaced, on , by section 309(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Schedule 8 clause 2(3): inserted, on , by section 309(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Schedule 8 clause 2(4): inserted, on , by section 309(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                  3Extraordinary vacancies

                  1. A member may at any time be removed from office by the Governor-General for all or any of the following, proved to the Governor-General’s satisfaction:

                  2. inability to perform the functions of the office:
                    1. bankruptcy:
                      1. neglect of duty:
                        1. misconduct.

                          1. A member may at any time resign office by written notice to the Minister.

                          2. If a member’s office becomes vacant by death, resignation, or removal from office, the vacancy so created must be filled in the way in which the appointment to the vacant office was originally made.

                          3. Every person appointed to fill an extraordinary vacancy holds office for the rest of the term for which that person’s predecessor would have held office if the vacancy had not occurred.

                          4. The authority’s powers are not affected by a vacancy in its membership.

                          Compare

                          4Special appeal authorities

                          1. The Governor-General may from time to time (by appointing their members under this clause) establish 1 or more special authorities.

                          2. Each special authority consists of 3 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice.

                          3. Every member (except so far as this Act provides otherwise)—

                          4. holds office for a term not exceeding 3 years; and
                            1. may be reappointed.

                              1. One member must be appointed as the authority’s chairperson.

                              2. Every member continues in office (despite any contrary provisions of this Act) until that member’s successor comes into office, unless that member vacates office earlier under clause 3 (which applies with all necessary modifications).

                              Compare

                              5Appointment of temporary acting chairperson, deputy chairperson, or member

                              1. If the chairperson, the deputy chairperson, or a member becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, the deputy chairperson, or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister after consultation with the Minister of Justice, may appoint a suitable person as the acting chairperson, the acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.

                              2. No person may be appointed as the acting chairperson, the acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.

                              3. The acting chairperson, acting deputy chairperson, or acting member is, while acting in that position, to be treated as the chairperson, deputy chairperson, or member of the authority.

                              4. No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

                              Notes
                              • Schedule 8 clause 5: replaced, on , by section 309(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                              5AOrderly and efficient operation

                              1. The chairperson of the authority is responsible for making any arrangements as are practicable to ensure that he or she and each member perform their functions—

                              2. in an orderly and efficient manner; and
                                1. in a way that achieves the purposes of this Act.

                                  Notes
                                  • Schedule 8 clause 5A: inserted, on , by section 309(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                  6Remuneration and travelling and other expenses

                                  1. The authority is, for the purposes of the fees framework, a statutory body in which the Crown has an interest.

                                  2. Members—

                                  3. may be paid remuneration at a rate and of a kind determined in accordance with the fees framework; and
                                    1. are entitled to be reimbursed for actual and reasonable travelling and other expenses in accordance with the framework.

                                      Compare

                                      7Secretary to, and secretarial and administrative services for, authority

                                      1. The chief executive of the Ministry of Justice must—

                                      2. designate an officer of the Ministry of Justice to be secretary to the authority; and
                                        1. provide the secretarial and administrative services necessary to enable the authority to discharge its functions.

                                          Compare

                                          8Seal

                                          1. The authority must have a seal.

                                          2. The authority’s seal must be judicially noticed—

                                          3. by all courts or persons acting judicially; and
                                            1. for all purposes.

                                              Compare

                                              9Sittings: location, quorum, and authority’s decision

                                              1. Each sitting of the authority is to be held in the place it considers convenient having regard to the nature of the matters to be decided.

                                              2. The presence of the chairperson or deputy chairperson and 1 other member is necessary to constitute a sitting of the authority.

                                              3. The decision of a majority of the members present at a sitting of the authority is the decision of the authority.

                                              4. If those members are equally divided in opinion, the chairperson’s or deputy chairperson’s decision is the decision of the authority.

                                              Compare
                                              Notes
                                              • Schedule 8 clause 9(2): amended, on , by section 309(7) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                              • Schedule 8 clause 9(4): amended, on , by section 309(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                              10Sittings: in private or public

                                              1. Every sitting of the authority is to be held in private.

                                              2. Subclause (1) does not apply to the extent that the authority under this clause orders that all or a part of the sitting is to be held in public.

                                              3. The authority may in any case order that all or a part of a sitting is to be held in public, if the authority considers that doing so will not adversely affect—

                                              4. the interests of the parties to the appeal; and
                                                1. the interests of all other persons concerned.

                                                  Compare

                                                  10AHearing on papers

                                                  1. Despite anything in this Act to the contrary, the authority may determine an appeal on the papers if the authority considers it appropriate.

                                                  2. Before doing so, the authority must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.

                                                  Notes
                                                  • Schedule 8 clause 10A: inserted, on , by section 309(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                  10BUse of electronic facilities to hear matters

                                                  1. The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the authority or the chairperson or deputy chairperson considers it appropriate and the necessary facilities are available.

                                                  Notes
                                                  • Schedule 8 clause 10B: inserted, on , by section 309(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                  10CAuthority may strike out, determine, or adjourn appeal

                                                  1. The authority may strike out, in whole or in part, an appeal if satisfied that it—

                                                  2. discloses no reasonable cause of action; or
                                                    1. is likely to cause prejudice or delay; or
                                                      1. is frivolous or vexatious; or
                                                        1. is otherwise an abuse of process.

                                                          1. If a party is neither present nor represented at the hearing of an appeal, the authority may,—

                                                          2. if the party is required to be present, strike out the appeal; or
                                                            1. determine the appeal in the absence of the party; or
                                                              1. adjourn the hearing.

                                                                Notes
                                                                • Schedule 8 clause 10C: inserted, on , by section 309(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                                10DPractice notes

                                                                1. The authority’s chairperson may issue practice notes as he or she thinks fit.

                                                                2. The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of other members of the authority, officers of the authority, and parties before the authority.

                                                                Notes
                                                                • Schedule 8 clause 10D: inserted, on , by section 309(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                                10EOnline publication of information about procedures, time frames, and progress of decisions

                                                                1. The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

                                                                2. information about the purpose of the authority and how to commence an appeal:
                                                                  1. any requirements that must be met for an appeal:
                                                                    1. guidelines on how and when parties may obtain information.

                                                                      Notes
                                                                      • Schedule 8 clause 10E: inserted, on , by section 309(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                                      11Publication of proceedings

                                                                      1. No person may publish without the authority’s authorisation all or a part of any proceedings before the authority.

                                                                      2. The authority’s authorisation is not given unless it makes (under this subclause, on an application for the purpose, or on in its own initiative) an order for that purpose.

                                                                      3. Every person who contravenes subclause (1) commits an offence.

                                                                      4. Every person who commits an offence against subclause (3) is liable on conviction to a fine not exceeding $3,000.

                                                                      Compare
                                                                      Notes
                                                                      • Schedule 8 clause 11(4): amended, on , by section 309(11) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                                                      12Authority has powers under Commissions of Inquiry Act 1908

                                                                      1. The Authority is, within the scope of its jurisdiction, deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908.

                                                                      2. The provisions of that Act, except sections 2, 10, 11, and 12, apply accordingly, subject to the provisions of this Act.

                                                                      Compare

                                                                      13Contempt of authority

                                                                      1. A person commits an offence if the person—

                                                                      2. wilfully insults or obstructs the authority or any member of it, a witness, or an officer of the authority during a sitting of the authority or while a member, a witness, or an officer is going to, or returning from, a sitting of the authority; or
                                                                        1. wilfully insults or obstructs any person in attendance at a sitting of the authority; or
                                                                          1. wilfully interrupts, or otherwise misbehaves at, a sitting of the authority; or
                                                                            1. wilfully and without lawful excuse disobeys any order or direction of the authority in the course of the hearing of any appeal.

                                                                              1. A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $1,000.

                                                                              2. The authority may order the exclusion from a sitting of the authority of any person whose behaviour, in the opinion of the authority, constitutes an offence against subclause (1), whether or not the person is charged with the offence; and any officer of the authority or constable may take any steps that are reasonably necessary to enforce the exclusion.

                                                                              Notes
                                                                              • Schedule 8 clause 13: inserted, on , by section 309(12) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).