Allied Pensioners of New Zealand

 

Illegitimi non carborundum

CEO/MSDNZ
Parliament Buildings
Wellington
14th Nov 2013

Dear Mr. Boyle,
In the light of the answers in email (4th Nov 2013 12:37 pm) below, from Ms. Jasmine Frost/Report writer/Senior Services/MSD to my Official Information email enquiry of 30 Oct 2013 7:46 am and, the none response to my letter to your Minister, I have now posted that letter on The Pulpit notice board of www.apnz.org.nz  hoping to get some sort of official reply.
It is my fiduciary duty as the authorised agent of your clients (listed below) to tell you that all these clients are having their rights to own property, under Article 2 of the 1948 UN declaration of Human Rights denied.
SWN 355-943-626 (Ms. 626)
SWN 321-326-548 (Ms. 548)
SWN 240-255-171 (Ms. 171)
DSW 320-100-947 (Ms. 947)
SWN 261-279-828 (Ms. 828)
Each of your "clients" is fully qualified either under the 1964 Act or the NZS Act 2001, none are subject to the subordinate UK/NZ reciprocal agreement/Orders in Council and as such, cannot be subject to Article 15 which is only encompassed by these subordinate legislations.
This Article 15 is interlocutory with the purpose of the 1964 Act and, the intention of this Act’s s.70 being to directly deduct (in NZ$) the total amount of any overseas state-funded benefits or veteran pensions, nothing more, nothing less.
Not a single client (of the 5 above) has any such benefit/veteran pension from the UK Government, therefore each of your client’s is being victimised by your MSD illegally applying Article 15, interlocutory with s.70!
If your Ministry officials would check s.5 of the Interpretations Act 1999, they should agree with my interpretation of s.5 of this 1999 Act to mean:- That the purpose of this Social Security 1964 Act is only to mean NZ's state-funded benefits and state-funded veterans pensions and the intention of s.70 within the purpose of the 1964 Act is for the direct deduction (in NZ$) of any similar state-funded benefit and/or state-funded veteran pension from overseas, nothing more, nothing less.
These "clients"  are just a few of the up to 70,000 other "clients" being unlawfully subjected to s.70 by, being illicitly subjected to the subordinate agreements, a few others by Orders in Council (both of which contain Article 15), others are just illegally subjected to s.70, or are enticed into opening a SPO (Special Purpose Offer) to open a bank account over which they have no control except, to reassign their global SP T2s.
The vast majority of your ”clients meet the NZS qualification criteria encompassed by Ms. J. Frost Official Information email reply dated 4th Nov 2013 in reply to my Official Information email request dated 30th Oct 2013 and do not require an agreement as specified in your Ms. J. Frost reply.
Any disagreement with your MSD officials, re s.70, is met with the reply "the CEO has the right to decide which overseas benefit/pension is similar to any in the 1964 Act". What those officials FAIL to tell your "clients" is, that this decision is only in relation to overseas state-funded benefits/veteran pensions.
Parliament cannot delegate its authority to make any statutory legislation to anyone, even to the Executive Council of the Government. That Council only has Parliaments statutory authority to make subordinate (to statutory) legislation and this subordinate must be consistent with statutory legislation,  example, the NZ Government's authority to make subordinate reciprocal agreements with another nation's Government.
Ms 240-255-171 (and her husband) is in particularly distressing financial circumstances having received very little of their entitlement to the income/asset free  NZS (NZ Super) for several years are deeply in debt to their bank and have to ask their NZ close relatives for financial assistance.
NZ born Ms. 320-100-947 has fallen to a level of destitution (from a strong financial position over a decade ago) and has had to receive emergency housing in an Auckland pensioner's flat, meanwhile Ms. 355-943-626 is at the top of the same slippery slope down which your MSD officials pushed Ms. 320-100-947 on 20th Jan 1994!
Your predecessor, Mr. Peter Hughes (who is given a mention on The Pulpit notice board www.apnz.org.nz all to himself) when I complained to him about your officials treatment re Ms. 321-326-548, "kindly" relented MSD’s  ill treatment of her, but only in regard to 55% of her UK SP T2, see acronyms in the UN Human Rights abuse, The Pulpit notice board, www.apnz.org.nz  but, unlawfully allowed the continued direct deducted (in NZ$) of the other 45% (by unlawfully applying s.70), see for yourself.
In regards to Ms. 355-943-626's unlawful deductions from her former DPD-WA payment of $100 per week (July 2012-13), now the DPB $80 per week allowance for these new benefits (as of July 2013), the Jobseekers Support, Sole Parent Support and the Supported Living Payment.
As these DPB payments have only been in operation since July 2013, your officials are obligated (by our Parliament) to re-calculate her benefit payment, as from July 2012 until July 2013 (this is only until April 2014 when Ms. 355-943-626 becomes fully qualified for the NZS, without invoking the reciprocal agreement or s.70.
Could you request your manager at the Winz Birkenhead office, to recalculate Ms. 355-943-626 DPB-WA payment using the Official Information contained in the MSD email below and pay her the correct DPB as of July 2012? Also, perhaps to warn your Birkenhead manager (and other managers elsewhere) that it is a denial of Ms. 355-943-626 (and other "clients" elsewhere) democratic rights according to our Parliaments statutory instructions, to breach the 12 Principles of the Crown binding Privacy Act 1993 in the way her office has?
Thank you in anticipation of quick Social Security 1964 and Privacy Acts compliance.
Yours sincerely
F. C. Dunn

From: International_Services (MSD)
Sent: Monday, November 04, 2013 12:37 PM
To: 'frank-pat@xtra.co.nz' 
Subject: FW: Qualifications
Dear Mr Dunn
Thank you for your email of 30 October 2013 regarding the qualifying criteria for Domestic Purposes Benefit – Women Alone (DPB-WA) and New Zealand Superannuation (NZS).
Benefit Changes
You may be aware that on 15 July 2013 there were some changes to benefits which included the DPB-WA.
Three new benefits were introduced in July which replaces most of the previous main benefits. These new benefits are Jobseeker Support, Sole Parent Support and the Supported Living Payment.
NZS is not replaced by one of these benefits however the DPB-WA payment is now replaced with the Jobseeker Support payment.
To receive Jobseeker Support a person must:

not be in full-time employment
be available for and seeking full-time employment
have taken reasonable steps to find, and be willing and able to undertake employment

or

would meet the above qualifications but is temporarily unable to because they qualify for an exemption from their work obligations

or

not be in full-time employment, is willing to undertake it, but because of having a health condition, injury or a disability, is limited in their capacity to seek, undertake, or be available for full-time employment

or

be in employment, but because of a health condition, injury or a disability is losing earnings because the person is not actually working or is working at a reduced level

A person must also:

be aged 18 years or older if they have no dependent children or be aged 19 years or older, if they have dependent childrenhave continuously lived in New Zealand for two years or more since becoming a New Zealand citizen or permanent resident complete any pre-benefit requirements (such as attending a Work and Income seminar), if applicable have no income or an income of less than the amount that would fully abate the benefit

For further information about the Jobseeker Support you may find the following website link helpful: http://www.workandincome.govt.nz/individuals/a-z-benefits/jobseeker-support.html 
Also, for more information regarding the benefit changes which took place on 15 July 2013 you may wish to visit the following website link:http://www.workandincome.govt.nz/individuals/benefit-changes/index.html

NZS
You have asked for the qualifying criteria for NZS.

A person may be able to get NZS if they:are aged 65 or over and are a New Zealand citizen or permanent resident and normally live in New Zealand at the time they apply.
They must also have been resident and present in New Zealand for at least 10 years since they turned 20 years of age (and 5 of those years must be since they turned 50), unless, when they were overseas they were:having special medical or surgical treatment or doing vocational training or working as a missionary or working with Volunteer Service Abroad or serving in one of the Commonwealth's armed forces or working overseas and paid tax in New Zealand on the earnings from that work or working on a New Zealand owned or registered ship trading to and from here.

Some, people may qualify for NZS with less than 10 years residence if they have migrated to New Zealand from countries with which New Zealand has a social security agreement i.e. Australia, Britain (UK), Jersey, Guernsey, Canada, Denmark, the Republic of Ireland, Greece or the Netherlands. 
Time spent in these countries may count as time spent in New Zealand the purpose of meeting the NZS residential criteria for. Please note, a person may only use one Agreement (not a combination of Agreements) to meet the residential criteria.
For further information regarding NZS you may wish to visit the following website link: http://www.msd.govt.nz/what-we-can-do/seniorcitizens/entitlements/retirement-income.html
Kind Regards
Jasmine Frost
Report Writer | Senior Services | Ministry of Social Development

From: Frank Dunn [mailto:frank-pat@xtra.co.nz]
Sent: Wednesday, 30 October 2013 7:47 a.m.
To: Stephen Houston
Subject: Qualifications
Dear Mr. Houston,Could you tell me please, regardless of s.70, the following:

  1. What is the statutory qualifications for an applicant who applies for a Living Alone DPB? and;
  2. What is the statutory qualifications for the NZ SP (State Pension) T1 (Tier 1) NZS (NZ Super)?

Thank you in anticipation of a quick reply

Regards - F. C. Dunn

©2009  Website by Simply Good Websites