Version as at
1 July 2024
(6)
Human Rights Act 1993
Part 2 s 70
(a)
requiring an applicant for membership of the scheme to be under a
specified maximum age; or
(b)
permitting a member of the scheme to elect to make increased or
reduced contributions to the scheme either temporarily or indefinitely;
or
(c)
specifying an age of eligibility for each type of benefit provided for
members of the scheme; or
(d)
subject to section 183 of the Financial Markets Conduct Act 2013,
requiring persons who become members of the scheme on or after
1 January 1995 to leave the scheme on reaching the age at which persons
of that age ordinarily qualify for national superannuation under section
7 of the New Zealand Superannuation and Retirement Income Act 2001;
or
(e)
providing benefits on the death or disability of members of the scheme
that decrease in value as the age of members increases; or
(f)
providing benefits for members of the scheme that differ in nature and
amount according to the member’s period of membership (including any
period deemed by the trustees, the supervisor, or the manager of the
scheme to be membership) of the scheme and of any scheme replaced by
that scheme, and, in the case of a superannuation scheme provided by an
employer, of any scheme to which the employer has paid contributions
on behalf of the employee.
In assessing for the purposes of this section whether it is reasonable to rely on
any data or advice or opinion and whether different treatment is reasonable, the
Commission or the Complaints Division may—
(a)
require justification to be provided for reliance on the data or advice or
opinion and for the different treatment; and
(b)
request the views of an actuary on the justification for the reliance and
for the different treatment.
Section 70(1): amended, on 9 December 1994, by section 6 of the Human Rights Amendment Act
1994 (1994 No 138).
Section 70(5): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and
Amendments) Act 2013 (2013 No 70).
Section 70(5)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals
and Amendments) Act 2013 (2013 No 70).
Section 70(5)(d): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation
and Retirement Income Amendment Act 2005 (2005 No 42).
Section 70(5)(d): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation
Act 2001 (2001 No 84).
Section 70(5)(f): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals
and Amendments) Act 2013 (2013 No 70).
Section 70(6)(b): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act
2011 (2011 No 5).
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