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MSD is being asked here to prove that there is law requiring a man to fill out their documents to get the pension

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Thank you for the response and for identifying PCO drafting and plain-language material.
 
Those materials appear to explain how legislation or secondary legislation should be drafted. They do not identify the operative legal authority that allows MSD to require a person to sign a particular administrative form or declaration as a condition of receiving New Zealand Superannuation or other entitlement.
 
For clarity, I am not refusing to provide lawful information necessary to determine entitlement. The issue is whether MSD can require a person to sign wording they do not understand, dispute, or have not been given a lawful basis for, where MSD already holds or has been provided the information needed to assess entitlement.
 
Please therefore identify:
 
1. the statutory provision, regulation, Ministerial Direction, Welfare Programme, delegation, or other binding legal instrument that requires the specific form or declaration to be signed;
2. the provision authorising MSD to delay, refuse, suspend, cancel, or interfere with payment solely because that form or declaration is not signed;
3. whether MSD accepts that an applicant may provide the required information by other written means where the statutory information requirements are otherwise satisfied;
4. who approved the relevant form wording and under what delegation;
5. the review or complaint pathway where a person disputes the wording of a declaration or does not understand its legal effect.
 
Please do not refer again to general PCO drafting guidance unless MSD says that guidance itself has binding legal effect. If MSD says it has binding legal effect, please identify the provision giving it that status.

 Tracy
 

 

 

On May 15, 2026 at 8:07 AM, <OIA_Requests (MSD)> wrote:

 

IN-CONFIDENCE
 

 

Kia Ora

 

Please find attached response to your information request

 

Ngā 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 Whānau.

 

 

 

 

 

From: F Q <[email protected]> 
Sent: Thursday, 12 March 2026 11:20 am
To: OIA_Requests (MSD) <[email protected]>
Cc: Records <[email protected]>
Subject: OIA

 

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

Social Security Act 2018.

 

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