Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Administration - Use of automated electronic systems

363D: Appeals and reviews unaffected

You could also call this:

"You can still appeal or ask for a review if a computer makes a decision about you."

If a computer system makes a decision about you, you have the same rights to appeal or ask for a review as you would if a person made the decision. You can appeal or ask for a review of a decision made by a computer system in the same way you would if a person made the decision. This is unless the decision is about something covered by sections 304(1A) and 304A, which are about reviewing child support payments.

When a review is done under section 304A, it can be done for reasons listed in that section, including any additional reasons set by regulations made under section 418(1)(ja). You can also be reviewed under Part 3A of Schedule 3 for the reasons listed in section 304A(1)(a) to (g).

If you are unsure about your rights, the rules are set out in the Social Security Act 2018 and related laws, including section 418(1)(ja) and Part 3A of Schedule 3.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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

Topics:
Money and consumer rights > Banking and loansFamily and relationships > Children and parentingRights and equality > Privacy
Previous

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

"Changing computer-made decisions about you"

Next

364: Ways MSD or person can meet requirement to give notice or other document, or

"How MSD and you can share important papers"

Part 6Administration
Use of automated electronic systems

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).

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