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Justice

Law Commission Act 1985

Law Commissioner Appointed

Pursuant to sections 9 and 11 of the Law Commission Act 1985, His Excellency the Governor-General of New Zealand, has been pleased to appoint

Margaret Lee, District Court Judge of Wellington

as a commissioner of the Law Commission for a period of 3 years on and from 1 April 1996.

Dated at Wellington this 29th day of March 1996.

D. A. M. GRAHAM, Minister of Justice.

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Labour

Health and Safety in Employment Act 1992

Notice of Intention to Apply for Ministerial Approval of a Code of Practice Under the Health and Safety in Employment Act 1992—Working at Heights

Pursuant to section 20 of the Health and Safety in Employment Act 1992, I, R. J. M. Hill, General Manager, Occupational Safety and Health Service of the Department of Labour, in exercise of those powers delegated to me by the Secretary of Labour, pursuant to section 41 of the State Sector Act 1988, hereby give notice of intention to apply to the Minister of Labour for his approval of a statement of preferred work practices or arrangements for health and safety of persons working at height in the construction industry, under the Act.

These preferred work practices or arrangements are designed to describe the general operational safety provisions as to the planning, organisation and work methods for the protection of employees and others health and safety.

Dated at Wellington this 29th day of March 1996.

R. J. M. HILL, General Manager.

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Social Welfare

Social Security Act 1964

Direction by Minister of Social Welfare

Section 5 (2), Social Security Act 1964

To: The Director-General of Social Welfare.

Pursuant to section 5 (2) of the Social Security Act 1964, I, Peter John Gresham, Minister of Social Welfare, hereby give you the following direction to take effect on 1 April 1996.

Dated this 28th day of March 1996.

PETER J. GRESHAM, Minister of Social Welfare.

Direction

In the exercise of your power under section 70 (1) of the Social Security Act 1964 to reduce the rate of a benefit payable under that Act or the Social Welfare (Transitional Provisions) Act 1990 by the amount of any overseas benefit, pension, or periodical allowance the beneficiary is entitled to receive or receives, you shall apply the following matters in calculating the amount of the overseas benefit, pension, or periodical allowance by which the benefit is to be reduced.

1. Definitions

1.1 In this direction, unless the context otherwise requires—

“Act” means the Social Security Act 1964,

“Cross rate” means a currency exchange rate between the New Zealand dollar and the currency of a country paying an overseas pension in New Zealand computed from time to time by pricing the New Zealand dollar and the currency of that country against the United States of America dollar,

“Cross rate calculation period” means a period—

(a) beginning at the commencement of the 16th day of one month, and

(b) ending at the close of the 15th day of the following month,

“Instalment period” means a period—

(a) beginning at the commencement of a pay day for a benefit; and

(b) ending at the close of the day before the next pay day for the benefit,

“New Zealand bank” means a bank in New Zealand to which an overseas bank transfers funds from an overseas country for the payment of that country’s overseas pensions in New Zealand,

“Nominated bank” means a bank for the time being nominated by you,

“Overseas bank” means an overseas bank used by the competent authority of an overseas country to transfer funds to a New Zealand bank for payment of that country’s overseas pensions in New Zealand,

“Overseas pension”—

(a) means an overseas benefit, pension, or periodical allowance of a kind described in section 70 (1) of the Act, but

(b) does not include an overseas benefit, pension, or periodical allowance of a kind referred to in the proviso to section 70 (1) of the Act,

“Overseas pensioner” means a person entitled to receive or receiving an overseas pension.

1.2 Expressions otherwise defined in section 3 (1) of the Act have the meanings so defined.

2. Average cross rate for purposes of calculating amount of reduction

2.1 For the purposes of the calculation required by clause 4 (b), the term “average cross rate” means—

(a) if you know which overseas bank and which New Zealand bank are used by the competent authority of the country paying the overseas pension, a figure that is the average of the transacted rates at which the overseas bank transferred to the New Zealand bank the funds for payment of that country’s overseas pensions in New Zealand, during the cross rate calculation period immediately preceding the month in which the calculation is made, or

(b) in any other case, a figure specified by the nominated bank to you, being a figure that is the average of the cross rates quoted by the nominated bank to buyers of the currency of the country paying the overseas pension, during the cross rate calculation period immediately preceding the month in which the calculation is made.

2.2 Clause 2.1 is subject to clauses 2.3 and 2.4.

2.3 If, on the last day on which you are required by the Department of Social Welfare computer system to enter the average cross rate for a particular cross rate calculation period, you ascertain that the cross rate quoted by the nominated bank on that day to buyers of the currency of the