What we are questioning here is does a man lawfully have to fill out a form to get his pension?

 

 

I make this request under the Official Information Act 1982.

 

This request relates to MSD’s response dated 15 May 2026 to InLandsAirWater Counsel concerning legislative language, MSD forms, mandatory wording, and the legal authority relied upon when MSD treats form wording as binding on applicants or recipients.

 

For clarity, this request is not seeking general drafting guidance already publicly available from the Parliamentary Counsel Office. The issue is MSD’s internal handling, reasoning, communications, and decision-making concerning the specific question of whether a person can be required to sign a particular MSD form or declaration as a condition of New Zealand Superannuation, benefit payment, entitlement assessment, suspension, cancellation, recovery, or enforcement.

 

Please provide the following information.

 

 1. Internal communications about this OIA response

 

All internal communications, notes, file notes, emails, Teams messages, memoranda, drafts, review comments, approval comments, or decision records relating to MSD’s preparation of its 15 May 2026 response to InLandsAirWater Counsel.

 

This includes communications involving:

 

– Ministerial and Executive Services;

– MSD Legal;

– operational policy staff;

– service delivery staff;

– senior managers;

– any communications or consultation with the Minister’s office;

– any communications with any other Crown agency or Crown Law.

 

2. Internal consideration of the “mandatory form / signature” issue

 

All records considering, discussing, or deciding whether MSD can require a person to sign a particular administrative form, declaration, application form, consent, authority, or acknowledgement before MSD will process, grant, continue, restore, or pay New Zealand Superannuation or any benefit.

 

This includes records addressing:

 

– whether the obligation arises from statute, regulation, Ministerial Direction, Welfare Programme, secondary legislation, delegation, policy, operational practice, or form wording;

– whether the form itself has legal effect;

– whether information may be provided by other written means;

– whether non-signature can lawfully delay, refuse, suspend, cancel, or affect payment;

– what alternative process exists where a person does not understand or disputes the wording of a declaration.

 

3. Legal authority relied upon

 

Please provide all records identifying the legal authority relied upon by MSD when it treats words such as:

 

– “must”;

– “required”;

– “must provide”;

– “declaration”;

– “I agree”;

– “I understand”;

– “obligation”;

– “consent”;

 

as creating or evidencing a mandatory requirement affecting entitlement, payment, review, suspension, cancellation, recovery, debt, or enforcement.

 

If MSD relies on the Social Security Act 2018, the New Zealand Superannuation and Retirement Income Act 2001, regulations, a Ministerial Direction, Welfare Programme, delegation, or other instrument, please identify the exact provision or document.

 

4. Approval and delegation records for forms

 

Please provide the approval records, delegation records, sign-off documents, policy authority, version-control records, or governance records for MSD forms and declarations used for:

 

– New Zealand Superannuation;

– benefit applications;

– continuing entitlement reviews;

– declarations or acknowledgements signed by applicants or recipients;

– representative / authority-to-act arrangements.

 

This includes records identifying who approved the wording, when it was approved, under what authority, and whether legal review occurred.

 

 5. Communications about InLandsAirWater Counsel / representatives / authority to act

 

Please provide all communications, file notes, internal comments, instructions, or records held by MSD referring to:

 

– InLandsAirWater Counsel;

– [email protected];

– authority to act issues involving InLandsAirWater Counsel;

– any instruction to refuse, limit, challenge, ignore, or not recognise communications from InLandsAirWater Counsel or its authorised representatives;

– any concern, classification, risk note, warning, escalation, or internal marker applied in relation to InLandsAirWater Counsel or persons represented by it.

 

6. Communications about Crown position or wider government approach

 

Please provide any communications or records discussing whether this issue is being handled consistently with a wider Crown, cross-agency, ministerial, Crown Law, or all-of-government position concerning:

 

– administrative forms;

– compulsory declarations;

– authority to act;

– refusing to process information supplied outside standard forms;

– applicants or representatives asking for statutory authority;

– people refusing to sign wording they do not understand or dispute.

 

 7. Search and refusal information

 

If MSD refuses any part of this request, please identify:

 

– the specific ground relied upon;

– the class of documents withheld;

– whether the documents exist;

– whether legal professional privilege is claimed;

– whether any partial release is possible with redactions;

– the public-interest factors considered before withholding.

 

If MSD considers any part of this request too broad, please consult before refusing. I am willing to refine the request to formal records, emails, legal/policy notes, decision records, and communications involving the teams or roles listed above.

 

 8. Preferred format

 

Please provide the information electronically by email.

 

Please also preserve all records relevant to this request, including drafts, internal comments, emails, Teams messages, file notes, approval records, and communications with legal or ministerial staff.

 

 

 

InLandsAirWater Counsel