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Inquiry outlines pensioners’ experience with Ministry of Social Development during border closures

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The retirement commissioner is urging the Ministry of Social Development to update its pension policy in light of a report that found it had created emotional and financial stress for recipients during the pandemic.

The commissioner, Jane Wrightson, has released the findings of an investigation into pensioners’ experiences with MSD during New Zealand’s border closures from 2020 to 2022.

It found MSD was perceived as being “judgemental or dismissive”, people felt the agency had pre-determined decisions and had not communicated sufficiently with clients or the Managed Isolation and Quarantine (MIQ) process.

Between 1 April 2020 and 31 December 2021, 5448 NZ Super clients had a suspension or cancellation of their superannuation payments because they left the country.

Superannuitants’ payments are stopped when they are outside the country for 26 weeks, unless given an exemption by MSD’s chief executive.

At 30 weeks, people received a demand to repay their pension for the 26 missing weeks, which equated to about $8000 per person.

But in 2021 MSD told Stuff: “Closure of the travel bubble with Australia, other flight limitations due to Covid and difficulty securing a spot in MIQ etc. were all reasonably foreseeable before departure for anyone who left NZ within the past 30 weeks.”

Most accounts in the Retirement Commission’s report showed people left to care for or support family.

“My husband and I travelled to Brisbane, Australia, in late April 2021, to support our daughter and grandson who have been going through an extremely traumatic, domestic violence based, family court case,” one person detailed in the report.

“I had been waiting months for flights to resume to Australia as I had an urgent family matter I had to attend to. I wasn’t sure how long this would take but was very confident that under normal circumstances I would be back home in NZ well within 26 weeks,” another said.

Wrightson said it was impossible to predict that the borders would have been closed for as long as they were during the pandemic.

“Most pensioners experienced significant financial hardship and stress as they navigated their return through a crowded online MIQ system and dealing with MSD,” she said.

Wrightson was contacted by more than 50 people who got caught off-shore to advocate on their behalf.

“Some early concessions were made for superannuitants who had travelled during the trans-Tasman bubble, after intervention by myself and others. But those who fell outside of this, or were further afield, had to grapple with an inflexible and often unsympathetic appeals process to challenge repayment demands,” she said.

A key finding was MSD being perceived as “inflexible, judgemental, dismissive, out-dated or slow-moving, and lacking in ‘humanity’.”

“All I wanted was to be spoken to nicely and professionally. They were all abrupt in their emails. And the whole process of appealing seemed to be so complicated. There should have been a simple system,” one person told the investigation.

“I felt like I was being treated as a criminal. Like they’d caught me out. I explained to them why I was there, but they said you should have known before I left. I wasn’t going on holiday! I can prove it, that [my Spanish partner] was in hospital. She couldn’t do a thing for herself,” another said.

In some cases, the hardship continued even once pensioners had returned to the country.

“They wouldn’t restart my pension once I returned in April. They told me ‘we won’t start your pension until the Benefits Review Committee (BRC) decision is released’. Of course, I complained and they decided to restart it but they reduced it by $20 a fortnight. I’m not sure why,” a pensioner said.

“The MSD decisions appear to have been based on a legal view taken early on which adopted an unduly narrow interpretation of the relevant provision. This was then rigidly applied by MSD staff (for example, people referred to being told ‘the law is the law’) and the BRC creating a strong impression of predetermination amongst those we interviewed,” Wrightson said.

According to MSD figures from December 2021, 2859 of the 5448 that had their NZ Super stopped were yet to get it reinstated.

The commissioner noted MSD had already made some changes, but “there are further opportunities for improvement, both legislative and operational”.

Her recommendations were:

  • Setting up a process for independent review and testing of legal positions in novel circumstances or where decisions will have significant adverse impacts
  • Allowing the BRC to obtain separate legal advice on any contentious issue involving statutory interpretation, rather than simply adopting the MSD legal position
  • MSD adopting a policy of constructively engaging with alternative legal positions, such as the legal opinion commissioned by the Retirement Commissioner and provided to MSD

VIA RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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