iSAYSO
Interpretation and Drafting Authority for Mandatory Language in Social Security Legislation
We have yet to get a reply from the MSD on this, we will add the reply at the bottom of this when we do. We looked at the Pension forms very carefully and see them as very clever acts of deception and fraud. The form is the M12 if you want to have a look at it.
Official Information Act Request
Subject: Interpretation and Drafting Authority for Mandatory Language in Social Security Legislation
Dear Sir or Madam,
Pursuant to the Official Information Act 1982, I request information relating to the interpretation and drafting of mandatory and discretionary language used in legislation and administrative forms relating to social security, including New Zealand Superannuation and benefit administration.
1. Drafting Standards for Legislative Language
Please provide documentation identifying the drafting standards relied upon by the Parliamentary Counsel Office or the Ministry of Social Development when using terms such as:
• “must”
• “may”
• “may not”
• “require”
• “obligation”
in legislation and associated administrative forms.
2. Lexical Authority
Please identify the dictionary, lexicon, or drafting reference used to determine the meaning of these terms, including whether reliance is placed upon:
• internal government drafting manuals
• external dictionaries
• legal dictionaries
• editorial style guides.
3. Legal Interpretation Guidance
Please provide any guidance, memoranda, or internal legal advice explaining how these terms are interpreted in legislation administered under the
4. Authority for Mandatory Language
Please identify the statutory provisions or legal authorities relied upon when determining that language such as “must” creates a mandatory obligation upon a person applying for or receiving benefits or pensions.
5. Distinction Between Obligation and Compulsion
Please provide any documentation explaining how the government distinguishes between:
• legal obligation
• administrative requirement
• physical compulsion or enforcement.
6. Application to Administrative Forms
Please provide documentation explaining how the legislative language described above is translated into wording used in application forms and declarations for:
• New Zealand Superannuation
• benefit applications administered by MSD.
Format of Response
Please provide the requested information electronically where available.
If any part of this request is refused, please specify the statutory grounds relied upon under the Official Information Act.
Kind regards,
InLandsAirWater Counsel