KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
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KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
Public Act |
2019 No 45 |
|
Date of assent |
26 August 2019 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act
This Act amends the KiwiSaver Act 2006 (the principal Act).
4 Section 4 amended (Interpretation)
(1)
In section 4(1), repeal the definition of CYPFA guardian.
(2)
In section 4(1), definition of guardian, replace “CYPFA guardian”
with “Oranga Tamariki guardian”
.
(3)
In section 4(1), insert in its appropriate alphabetical order:
Oranga Tamariki guardian, of a person (B), means any person—
(a)
appointed by an order under section 110 of the Oranga Tamariki Act 1989 as the sole guardian of B or as a guardian of B in addition to any other guardians of B; or
(b)
appointed by an order under section 113A of that Act as a special guardian of B; or
(c)
whose sole guardianship of B arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)(e) of that Act who, on his or her death, was B’s sole guardian)
5 Section 35 amended (Opting in by persons under 18)
(1)
Replace section 35(3) with:
(3)
A person who is 16 or 17 years old with a guardian or an Oranga Tamariki guardian may opt in if the person and 1 of their guardians or Oranga Tamariki guardians jointly contract directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
(a)
contracting directly with the provider; and
(b)
18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
(c)
opting in under section 34(1)(a).
(2)
Replace section 35(5) with:
(5)
A person who is less than 16 years with an Oranga Tamariki guardian may opt in if 1 of the person’s Oranga Tamariki guardians (independently from the person, and from all other, if any, Oranga Tamariki guardians, guardians, or both, of the person) contracts directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
(a)
contracting directly with the provider; and
(b)
18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
(c)
opting in under section 34(1)(a).
(3)
In section 35(6), replace “CYPFA”
with “Oranga Tamariki”
in each place.
6 Section 59CB amended (Confirmed back-dated validation for those under 18 years at time of enrolment or opt-in)
After section 59CB(9), insert:
(10)
References in this section to a guardian include an Oranga Tamariki guardian.
7 New section 242 inserted (Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019)
After section 241, insert:
242 Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
Non-compliance with financial markets legislation, as defined in section 6(1) of the Financial Markets Conduct Act 2013, or the Fair Trading Act 1986 is ignored if the non-compliance results from the enactment of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019 and—
(a)
the non-compliance does not continue on or after the expiry of the 2-month period that starts on the date of Royal assent of that Act; or
(b)
the non-compliance relates to a product disclosure statement under the Financial Markets Conduct Act 2013 and the period of the non-compliance ends before the expiry of the 4-month period that starts on the date of Royal assent of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.
Legislative history
5 April 2018 |
Introduction (Bill 53–1) |
|
5 September 2018 |
First reading and referral to Social Services and Community Committee |
|
5 April 2019 |
Reported from Social Services and Community Committee |
|
(Bill 53–2) |
||
26 June 2019 |
Second reading |
|
31 July 2019 |
Committee of the whole House |
|
21 August 2019 |
Third reading |
|
26 August 2019 |
Royal assent |
This Act is administered by the Inland Revenue Department.
Versions
KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
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