Overseas superannuation
Mr ED Hirsche made this Official Information request to Ministry of Social Development
This request has an unknown status. We're waiting for Mr ED Hirsche to read recent responses and update the status.
From: Mr ED Hirsche
Dear Ministry of Social Development,
I wish to understand s22 of the Superannuation act 2001. The way I read the section there is nothing to stop someone going overseas for up to 26 weeks, returning to New Zealand for a notional period - say one day, and then leaving again for the same period, all while receiving their superannuation.
1. And this is more a request for comment than an OIA request: do I understand the law correctly?
2. Have you given the Minister any advice in say the last 2 years around this issue I any form? If so,n please provide copies
3. Your website says that I must contact you, if I spend 'more time' overseas, such that I no longer 'live primarily' in NZ. I assume you provide written guidance to your staff on how to handle such situations. Please provide copies of this guidance. Within this, please consider guidance broadly: I am not sure how you refer to instructions issued to Frontline staff to guide them in managing specific cases. Please consider both formal and informal guidance.
4. If this guidance has materially changed in the past 5 years (ie under the previous government) please provide both the previous guidance and any correspodenign advice.
Yours faithfully,
Mr ED Hirsch
From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Tēnā koe ED Hirsche
Thank you for your email received 6 April 2026, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National Office to respond.
The information you have requested may contain the names and contact details of our staff. Please let us know by 8 April 2026 whether you require these names and contact details. We will need to consult our staff before deciding whether we can release this information, and this will take a bit more time. If we do not hear from you, we will assume that you do not require staff names and contact details.
Ngā manaakitanga,
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
show quoted sections
From: Mr ED Hirsche
Dear OIA_Requests (MSD),
Fine to redact staff names and phone numbers but not job titles.
Yours sincerely,
Mr ED Hirsch
From: Martin Osborne
Ministry of Social Development
IN-CONFIDENCE
Kia ora Ed Hirsch
This letter is to advise you that the Ministry has received your request
of 6 April 2026, however it requires more time to respond to this request.
In accordance with section 15(1) and 15A of the Official Information Act,
the Ministry’s decision will be with you no later than 19 May 2026.
The reason for the extension is that consultations necessary to make a
decision on the request are such that a proper response to the request
cannot reasonably be made within the original time limit
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or 0800 802 602.
If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact [2][MSD request email]
We will respond to you sooner if we are able to.
Nga mihi,
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whanau
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[MSD request email]
From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Kia ora Ed Hirsch
I am writing to you regarding your request for information below.
I wish to understand s22 of the Superannuation act 2001. The way I read
the section there is nothing to stop someone going overseas for up to 26
weeks, returning to New Zealand for a notional period - say one day, and
then leaving again for the same period, all while receiving their
superannuation.
1. And this is more a request for comment than an OIA request: do I
understand the law correctly?
2. Have you given the Minister any advice in say the last 2 years around
this issue I any form? If so,n please provide copies
3. Your website says that I must contact you, if I spend 'more time'
overseas, such that I no longer 'live primarily' in NZ. I assume you
provide written guidance to your staff on how to handle such situations.
Please provide copies of this guidance. Within this, please consider
guidance broadly: I am not sure how you refer to instructions issued to
Frontline staff to guide them in managing specific cases. Please consider
both formal and informal guidance.
4. If this guidance has materially changed in the past 5 years (ie under
the previous government) please provide both the previous guidance and any
correspodenign advice.
The response is taking longer to prepare than we originally estimated.
Please accept our apology for the delay. Be assured that work is underway
to provide you with a response.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or 0800 802 602.
If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact [2][MSD request email]
We will respond to you soon.
Nga mihi,
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whanau
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[MSD request email]
From: Mr ED Hirsche
Dear OIA_Requests (MSD),
So - to confirm - is this a second extension under s15? If so, for which precise statutory reason? And, much more to the point, when can I expect a response?
I appreciate your reassurance that you are working on this but you have clear statutory obligations to meet.
Yours sincerely,
Mr ED Hirsch
From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Kia ora Ed Hirsch
Thank you for your email of 19 May 2026. The email from the Ministry to
you of 19 May 2026 was not an extension email as an OIA can only be
extended once. The email was advice that the response would be late, and
that we would continue work on the response and provide you with a
response as soon as we can. Please accept my apologies for any confusion
the email caused. Unfortunately, we are unable to give you a date by which
you will receive the response. I acknowledge your frustration that you
have yet to receive a response and, while it may appear otherwise, we are
aware of our obligations under the Act.
As mentioned in our email of 19 May 2026 you have the right to seek an
investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or 0800 802 602.
Ngā mihi
Martin Osborne
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whanau
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.ombudsman.parliament.nz/
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