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Social Security Act 2018

Administration - Use of automated electronic systems in respect of information share child support payments

363D: Appeals and reviews unaffected

You could also call this:

“You can still challenge decisions made by computers”

If a computer system makes a decision or takes action about your case, you have the same rights to appeal or ask for a review as you would if a person had made that decision or taken that action.

There is an exception to this rule. If the decision is about whether your child support payment counts as your weekly income, MSD can only review it for certain reasons. These reasons are listed in the law.

The government can add more reasons for reviewing these decisions by making new rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS867398.

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363C: Variation and substitution of decisions made by automated electronic systems, or

“Changing computer-made decisions about you”

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Part 6 Administration
Use of automated electronic systems in respect of information share child support payments

363DAppeals and reviews unaffected

  1. A person has the same rights of appeal or right to apply for administrative or judicial review (if any) in relation to a decision made, power exercised, obligation complied with, or other action taken by an automated electronic system as the person would have had if the decision, power, obligation, or other action had been made, exercised, complied with, or taken by a specified person.

  2. However, this section is subject to sections 304(1A) and 304A (under which MSD may review under subpart 3 of Part 6 whether a person’s information share child support payment is or was all or any of their weekly income under Part 3A of Schedule 3, but only on all or any of the review grounds specified in section 304A(1)(a) to (g)).

  3. For the purposes of subsection (2), the review grounds specified in section 304A(1)(a) to (g) include, without limitation, any 1 or more additional grounds prescribed by regulations made under section 418(1)(ja).

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Notes
  • Section 363D: inserted, on , by section 34 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).