used to deny both New Zealanders and immigrants the right to keep overseas
self funded government pensions is Section 70, Social Security Act 1964
draughted in 1938 when all pensions were the same as NZ Superannuation (NZS).
The legislation is correct in preventing the receipt of a similar Tier 1
NZS type overseas pension but is used to capture self funded overseas government
pensions in order for New Zealand to avoid its obligations for entitlements
to NZS by its citizens.
Overseas government pensions involved in this injustice
include American, Canadian, UK, Dutch, Irish, German, Norwegian and many
more from around he world.
1: Government funded universal social security benefits
based on residency, New Zealand's Superannuation is such a benefit based
on 10 years residency, 5 from age 20, 5from age 50.
Tier 2: Not government funded but self funded
by social insurance contributions by both employees and employers and usually
administered by governments.
An example of this is the UK state pension which in reality is in 3
parts, graduated pension, basic state pension and a second level pension
which before now was the old SERPS, State Employment Related Pension
basic National Insurance Contributions pay for health, social security and
the state pension, they are paid into the National Insurance Fund which
is not a government department and they are not a form of taxation, all
confirmed by the UK Pension Service.
Second level contributions are purely for a second level of pension.
The injustice comes by
deducting these pensions from entitlement to NZS, it means in fact the UK
government is funding New Zealand's responsibility to pay NZ UK pension
holders their entitlement to its NZS.
It is the the NZ/UK 1983 Social Security agreement here
in article 15, that gives New Zealand
the right to confiscate UK state pensions.
Also under this agreement, a New Zealander can retire in the UK having their
NZ residency years converted into UK contributory years and which then gives
entitlement to the UK basic state pension.
The resulting pension is funded by the National Insurance Fund which is
financed by UK employer/employee National Insurance Contributions
(NICs) but the NZ government does not pay anything towards the financing
of the resultant pension.
New Zealand uses UK pensions plus UK employee/employers National Insurance
Contributions to fund its own social security system.
The latest figures here
show how this use of twisted legislation affects so many elderly and
the mind blowing figures involved.
Note the number of UK pensions captured and the amounts, British UK pension
holders are the largest group affect by this injustice.
For the year ending 2016, 59,611 British UK state
pensioners lost $228,858,613.
For that year 85,353 of New Zealand's elderly were impoverished by $347,051,594
of which nearly 4,000 ended up on hardship allowance.
Whilst the Labour, United Future, Greens and New Zealand First political
parties call for change, the incumbent National (Conservative) party has
since 2008, confiscated over NZ$2.5 billion of overseas pension incomes
off the elderly.
This legislation also allows what is known as its Spousal agreement clause,
anyone receiving NZS and who has a partner also receiving an overseas Tier
2 pension and that pension exceeds the person's level of NZS, then they
lose their all of their NZS and the excess over NZS is taken off the other
partners NZS as well.
It means there are many New Zealand born citizens who have never worked
overseas can have their whole entitlement to NZS taken too.
In February 2014
sixteen of us elderly took the NZ government to the United Nations Human
Rights Council, an inadequate and incapable organisation.
None of us were ever contacted for six months but we were finally contacted
through the email address, firstname.lastname@example.org
in the November to say our case
would be considered and that having received a response from the New Zealand
government we would be kept up to date and and the right to reply on matters
In the February of 2015 we received this brush off here
no right of reply, no explanation.
The govt's response
here G/SO 215/1 NZL217 was at best misleading and at worse a combination
of lies and misleading statements.
On page 3 part 4 the government blatantly disregarded all our evidence including
the Government's own Ministry of Social Development (MSD) reviews into the
use of this 1938 legislation which concluded the legislation ad hoc, unfair,
discriminatory and inequitable.
It actually lied in its descriptions of our pensions involved and described
Its own reviews as "unsupporting information.
Reviews: 2004 here.
Evidence also included the New Zealand Human Rights Commission's request
for a review from the Retirement and Research Centre at Auckland University
which reached the same conclusions here
conclusions on page 9, again described in the NZ government response as
Further evidence included
the CEO Ministry of Social Development's letter
The Human Rights Commission's letter to me here
admitting it needed a "policy change"
The NZ Social Security
Appeal Authority case in the High court in its support of a Mr. Sant Raj
Rai the Judge Mr. J Doogue ruled that a pension in this case Fijian Nation
Provident Fund, similar in structure to the UK National Insurance Fund and
financed in exactly the same way as UK National Insurance contributions,
was ruled not by and on behalf of its government but by and on behalf of
An overseas government pension deemed by the CEO of the Ministry of Social
Development as by and on behalf of a government as applied to the UK pensions
amongst many is subject to Section 70 and captured.
Therefore the Judge ruled the pension was not subject to Section 70 and
the ruling still stands despite an appeal of this important ruling by the
Ministry was refused as was a recall yet the SS Appeal Authority does not
apply that ruling to all other similar pensions.
The Sant Raj Rai High Court case: here
Also in this case
the Appeal Authority relied on an ruling in the Court of Appeal 2002 1NZLR
353 that ruled "legislation should not take away
a right or something that has already been acquired or vested" referring
to the case in which Mr. Sant Raj Rai had paid for his Fijian government
pension as a government servant.
One would have thought that this
statement also applies to those overseas Tier 2 pensions again paid for
out of earnings but in our collective experience, all government agencies
are constructed to preserve the power of the NZ government to overcome proven
human rights abuse against us elderly.
As a consequence
there are tens of thousands of elderly impoverished by the New Zealand
government with the onflowing results of hardship, reduced quality of
life, health and mental problems all in the name of greed.
There are lots more damning evidence but sufficient to say that the
UK and NZ governments are both in breach of the UN Convention of Human
Rights and also NZ in its NZ/EU agreement also in breach of the EU Convention
on Human Rights.