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Residential Care and Disability Support Services Act 2018

Miscellaneous

72: Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages

You could also call this:

"Telling lies or misleading people to get benefits or payments is against the law."

Illustration for Residential Care and Disability Support Services Act 2018

If you make a false statement, you commit an offence. This happens when you know the statement is false and it is made to get or keep an advantage. You can get an advantage for yourself or someone else. An advantage can be a benefit or payment under the Residential Care and Disability Support Services Act 2018.

If you do or say something to mislead someone, you also commit an offence. This is done to get or keep an advantage, which can be a benefit or payment. An advantage can also be a more favourable means assessment under Parts 8 and 9 or Parts 1 to 7 of this Act.

If you commit an offence, you can be imprisoned for up to 12 months or fined up to $5,000. This section does not limit sections 290 and 291 of the Social Security Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41680.

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Crime and justice > Criminal lawHealth and wellbeing > Healthcare servicesMoney and consumer rights > Consumer protection
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Part 9Miscellaneous

72Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages

  1. A person (P) commits an offence if—

  2. P makes a statement knowing that it is false in a material particular; and
    1. P’s statement—
      1. is made for the purpose of receiving or continuing to receive (whether for P or another person) an advantage; or
        1. results in P or another person receiving or continuing to receive an advantage.

        2. A person (P) commits an offence if—

        3. P wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead a person; and
          1. P’s act, statement, or omission—
            1. is done or made for the purpose of receiving or continuing to receive an advantage (whether for P or another person); or
              1. results in P or another person receiving or continuing to receive an advantage.

              2. In this section, advantage means—

              3. any benefit under this Act; or
                1. any payment from a Crown Bank Account in accordance with this Act; or
                  1. a more favourable means assessment under Parts 8 and 9 of this Act than P would otherwise have been entitled to; or
                    1. a more favourable means assessment under Parts 1 to 7 of this Act than P would otherwise have been entitled to.

                      1. A person who commits an offence under this section is liable on conviction to a penalty that is either or both of the following:

                      2. imprisonment for a term not exceeding 12 months:
                        1. a fine not exceeding $5,000.

                          1. This section does not limit sections 290 and 291 of the Social Security Act 2018.

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