Is the treatment of overseas contributory pensions illegal?
From: Robert Newcombe
Dear Andrew Little,
I like another 90,000 elderly lose the right to keep my UK State pension which is a social insurance employer/employee contributions based pension not govt funded like NZ Superannuation.
I met you for dinner at the Honest Lawyer in Nelson, a Labour Party meeting and I asked you the question why do we have to suffer the loss of all such funded overseas govt pensions by being treated as govt funded and deducted from our Superannuation you replied it was something the Labour Party had to address.
I also attended the Labour Party leadership meeting in Nelson where Grant Robertson, David Cunliffe and Shane Jones were inviting questions as to why they should be chosen.
I asked the question "if you were elected leader what would you do about the unfair treatment of overseas pensions" means testing against Super which is lauded as unaffected by assets or income.
Robertson and Cunliffe agreed they had been approached by constituents and it needed addressing, Jones gave a garbled reply showing he had no knowledge at all, I recorded them.
The MSD reviews of 2004 and 2005 also concluded that Section 70, Social Security Act, the piece allowing the means testing was out of date, ad hoc, unfair and discriminatory, nothing was acted upon even recommendation 5 of the 2005 review that only govt funded pensions should be means tested.
Both Jacinda Ardern and Winston Peters have both fought for change, Ardern at the 212 select committee and Peters who forced the 2005 review and have continually over the years promised change but they uturned and turned their backs on us victims now they are in power.
The point of this request is not about all the false promises and ignoring of all the evidence or even the lies the govt produced at our 2014 challenge at the UN Human Rights Council to defeat us but this to you as Minister for Justice as I seek a legal opinion to this following question.
In 20004 in the Auckland High Court there was a case where the MSD v The Social Security Appeals Authority over the deduction of a Mr. Sant Raj Rai’s Fijian civil service pension.
Part of the MSD's evidence was that his pension could be equated to the Fijian Nation Provident Fund pension, again like my National Insurance Fund pension contributory based.
Judge Doogue ruled that the pension was not in fact "by and on behalf of the govt" because even though administered by the govt was not govt funded and in law was "by and on behalf of the contributors" and therefore not subject to Section 70.
My question is I would like to know why such a ruling is not applied to my UK State pension by the MSD because to my untrained mind this is illegal.
So could you please as Minister of Justice please explain why it is not, does the ruling only apply to the Fijian pension or should it be applied to all such funded pensions, you have the power to give the correct interpretation of the law.
From: A Little Office (MIN)
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