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ElderLaw

New Zealand Superannuation beneficiaries

Elder Law, Government & Policy, Government Policy, Immigration & Travel, Social Welfare Law, Wealth & Retirement Planning
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New Zealand Superannuation beneficiaries

 

Overseas travel

Getting ready for a trip overseas, and suddenly the burden of your NZ Super benefit weighs on your mind? Many wonder how their island getaway or their skiing holiday will impact their payments.

Travel is split into three distinct categories by the Ministry of Social Development (MSD) so the length of your overseas adventure becomes important.

 

Travelling overseas for 26 weeks or less

If you are travelling for less than 26 weeks, and you are only receiving New Zealand Superannuation (NZ Super) or a Veteran’s Pension, you do not need to notify MSD. You will continue to receive these payments while you are away.

If you receive other payments such as an accommodation supplement or disability allowance, however, you must contact MSD. You may still be eligible for these payments for up to 28 days while you are away. However, you will need to be careful when travelling for long periods. If your trip lasts more than 30 weeks, you may have to pay back the full 26 weeks of payment you received. This all depends on whether your delay is expected or unexpected.

 

Travelling overseas for more than 26 weeks

If you are travelling for more than 26 weeks, you may still be able to receive NZ Super or Veteran’s Pension payments. This section applies to those who still intend to keep New Zealand as their place of residence; it involves an application being made at least six weeks before you leave New Zealand. The assessment covers various aspects including things like time spent living in New Zealand between the ages of 20 and 65. Any other payments you receive will cease when you begin your travel.

 

Living overseas

If you are intending to move overseas, you may be happy to know that this does not immediately mean you will stop receiving your NZ Super or Veteran’s Pension payments. In this situation, you must also apply at least six weeks in advance of your departure from New Zealand. How much ongoing NZ Super or Veteran’s Pension you receive will depend on similar assessment criteria to travel longer than 26 weeks (see above), as well as the country you are moving to and its relationship with New Zealand. For example, New Zealand has transferable arrangements with 22 Pacific countries.

The last thing you want to worry about when away on holiday is your NZ Super. Rest assured, if it is only a short trip, you need not worry; if it is a long sojourn, a touch of preparation may alleviate your stress.

For the specifics of applications and further detail around other payments and arrangements relating to your overseas journey, Work and Income New Zealand’s website www.workandincome.govt.nz is very helpful or contact them on 0800 552 002.

 

Contacting the Office of the Privacy Commissioner

The Office of the Privacy Commission (OPC) has changed how it responds to enquiries.

Until recently, the OPC had operated a bespoke service with a dedicated email address and 0800 number to ask privacy questions. Many of those queries could have been answered by looking at their website or their contacting the organisation’s privacy officer.

With a massive increase in enquiries, the OPC has changed how New Zealanders can contact it.

The email address ([email protected]) is no longer operational and any emails sent to that address are not answered.

The 0800 803 909 number remains. From 1 May 2026, an automated message will give callers a suite of options to choose from, rather than a personalised response.

The OPC’s website can help answer privacy questions, including outlining your privacy rights.

Privacy breach notification: There are no changes to the way to contact the OPC of a notifiable privacy breach. The online NotifyUs reporting tool is unchanged and will help you assess the seriousness of the privacy breach.

 

DISCLAIMER: All the information published in Fineprint is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Fineprint may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2025.     Editor: Adrienne Olsen.       E-mail: [email protected]     Ph: 029 286 3650 

3 Things You Might Be Getting Wrong About Retirement Villages

Community & Lifestyle, Elder Law / Retirement Planning, Financial Planning, Legal Insights / Advice, Property & Real Estate
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Retirement villages are becoming a popular option for New Zealanders planning their retirement, but it is not the same as buying a house. Most villages provide an Occupation Right Agreement (ORA), which gives you the right to live there and use the facilities rather than legal ownership. Here are a few common misconceptions that can catch people out.

  1. “Weekly fees cover all my costs”
    Weekly fees usually cover village services (gardening, security, communal facilities), but residents often still pay for utilities, care services, or extra support.
  2. “All the money will go back to my family when I die”
    Your entry payment will likely not be returned straight away when you leave or pass away. In reality, it depends on the terms of the ORA and can often require the unit to be re-licensed to a new resident. Most villages will also deduct what’s often called a deferred management fee which can be up to 20–30% of the original entry price
  3. “All Contracts Are the Same”
    Not all retirement villages play by the same rules. Fees, exit conditions, and benefits vary, and small differences can have a big impact.

Moving into a retirement village is a big decision, both legally and financially. If you are considering this step, it is important to seek advice from your lawyer, so you fully understand what it means for you and your family.

 

Georgia Willard

Enduring Power of Attorney

Family Law & Support, Legal Remedies & Court Processes, Property & Personal Care Decisions, Protecting Loved Ones, Safeguarding Against Abuse
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Is the attorney carrying out their role correctly?

If your family member is losing capacity and has an Enduring Power of Attorney (EPA) in place, you will be reassured that their attorney is working in your loved one’s best interests. Very occasionally, however, this isn’t the case. In this article, we look at how an EPA works and what can be done if you believe the attorney is not doing their job properly.

 

Enduring power of attorney

An EPA is a legal document that allows someone else to step into another’s shoes and make decisions on their behalf if they lose the capacity to make important decisions for themselves. An attorney is usually a close relative or trusted friend of the person losing capacity (the donor).

There are two types of EPA: for personal care and welfare, and for property.

An EPA for personal care and welfare allows the attorney to make decisions on behalf of the donor about things such as medical treatment and living situations – including residential care.

An EPA for property allows the attorney to make decisions about a person’s assets and allows them to directly access bank accounts, selling property, making payments on the donor’s behalf and so on.

EPAs can be a very effective way of ensuring that decisions can be made in a timely and cost-effective way for the benefit of the donor. An EPA also allows the donor to decide, in advance of losing capacity, who they want making decisions on their behalf should the need arise. But, as an EPA provides the attorney with significant powers, an EPA can be misused or abused.

 

Getting information

If you are suspicious that the attorney is not working in the donor’s best interests, you should gather information about what the attorney is actually doing.

Ask them for a broad overview of the steps that they are taking on behalf of the donor and discuss with them any concerns that you might have.

When the donor made the EPA, one of the questions they will have been asked is whether they wanted their attorney to consult with other family members before making decisions, or whether they wanted their attorney to provide information to other family members.

If you have not seen the EPA document, you can ask if either of those provisions were included. If the donor made it a requirement that the attorney either consults with you or provides information to you, then that will give you enhanced powers to obtain important information.

If the donor did not include a requirement that the attorney consult with you or provide you with information, you can still ask for an overview; many attorneys will be happy to provide that.

But if you are not receiving information and you have ongoing concerns – what can you do?

 

Could the attorney transfer assets to themselves?

As an attorney has the ability to access the donor’s assets, sometimes issues can arise where the attorney will act for their own benefit, and not the benefit of the donor. They may transfer money to themselves, withdraw and fail to account for cash, or make personal use of the donor’s property, for example living in their property without paying rent or making use of their car.

If you are concerned that this is happening to your family member, you can apply to the Family Court under the Protection of Personal and Property Rights Act 1988 to have the court review particular transactions or decisions made by the attorney. It is also possible to apply to the Family Court to have the attorney removed and replaced if they are acting outside of the powers given to them by the donor.

The court process is not straightforward, but it can provide effective remedies to protect the donor and their assets from abuse.

 

Assets taken by the attorney after donor dies?

It is not uncommon for an attorney’s actions to come to light only after the death of the donor, usually when there is significantly less in the donor’s estate than was expected.

The Family Court can review an attorney’s decisions either before or after the donor’s death. It is not necessarily too late to recover assets that the attorney has transferred to themselves without authority.

 

Conclusion

There are steps that concerned family members can take if they are suspicious about the actions of a donor’s attorney. These include obtaining information, recovering misappropriated assets and having the attorney removed if needed.

If you are unsure of the status of your family member’s affairs, don’t hesitate to contact us – we are here to help.

DISCLAIMER: All the information published in Trust eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Trust Speaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2025.     Editor: Adrienne Olsen.       E-mail: [email protected]      M: 029 286 3650

Planning Ahead: How Enduring Powers of Attorney Helped Steve’s Family

Caring for Aging Parents, Client Stories, Elder Law, Enduring Powers of Attorney (EPA), Future-Proofing Your Family, Health & Wellbeing, Legal Tips, Life Planning, Peace of Mind Planning, Wills & Estates
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A few years into Steve’s retirement, things started to change.

 

Steve was not quite himself anymore. He became forgetful, sometimes confused, and would occasionally lose track of where he was or what he had planned for the day. At first his children, Luke and Sally thought it might just be part of getting older. But over time, it became clear that it was something more serious. Steve was beginning to lose mental capacity.

 

It was a difficult time. Watching the strong and capable father they had always relied on start to struggle was heartbreaking. But one thing made a huge difference. Steve had prepared for this.

 

Years earlier, with the help of Edmonds Judd, Steve had put in place Enduring Powers of Attorney. He had taken the time to meet with a lawyer, talk through his options, and sign the documents while he was still well and able to make decisions for himself. He had appointed both types of attorney. One for property, which would allow his children to manage his finances and property. And one for personal care and welfare, where he had named Sally as his first attorney to make decisions about his health and daily care.

 

When Steve’s condition worsened, Luke and Sally were able to step in without any delays or uncertainty. Luke handled the financial side, making sure bills were paid and everything stayed in order. Sally worked closely with Steve’s doctor and made the final call on his treatment when he was no longer able to do so himself.

 

There was no need to go through the courts. There were no arguments about what should happen or who should decide. Steve had made his choices clear, and they could simply carry them out.

Because of the advice and support he received from Edmonds Judd, Steve’s family had the tools they needed to care for him with clarity and compassion. His wishes were protected, and his children could focus on what mattered most.

 

It was not just legal paperwork. It was peace of mind. And it made all the difference when Steve and his family needed it most.

Georgia Willard

Get in touch today, we’d love to talk.

+64 7 872 0236 [email protected]