NEW ZEALAND GAZETTE, No. 115

9 SEPTEMBER 2010

3102

reduce his or her costs or increase his or her income or better manage his or her finances; or

(b) the applicant or the applicant’s spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or

(c) the applicant or the applicant’s spouse or partner has failed to comply with—

(i) a request to undertake a budgeting activity under clause 9.5 or clause 9.12 of the Special Needs Grant Programme; or

(ii) a requirement to undertake a budgeting activity under section 82(6B) of the Act.

9.10 If clause 9.9 applies, the chief executive may refuse to make a payment, or any subsequent payment, to or in respect of the applicant under this programme.

9.11 In this clause, reasonable steps, in relation to better managing a person’s finances, includes complying with a request or requirement to undertake a budgeting activity under clause 9.12 of the Special Needs Grant Programme or under section 82(6B) of the Act."

Schedule 3

Clause 5

Amendment to Direction on Advance Payments of Benefit Preamble

Insert as the second paragraph:

"In determining under section 82(6C)(a) of the Social Security Act 1964 whether you are satisfied that an applicant for an advance payment of a benefit or an applicant’s spouse or partner has failed to take reasonable steps to better manage his or her finances, you must have regard to a failure by that person to comply with a request to undertake a budgeting activity made under clause 9.12 of the Special Needs Grants Programme or clause 9.5 of the Recoverable Assistance Programme."

Explanatory Note

This note is not part of the Instrument, but is intended to indicate its general effect.

This instrument, which comes into effect on 27 September 2010, amends the Special Needs Grant Programme and the Recoverable Assistance Programme. The amendments give discretion to the chief executive to request an applicant for assistance under those programmes or an applicant’s spouse or partner, or both, to undertake a budgeting activity in certain circumstances that are specified in the new clause 9.13 of the Special Needs Grant Programme and new clause 9.6 of the Recoverable Assistance Programme.

They also give discretion to the chief executive to refuse to make a grant or payment under those programmes if the applicant or the applicant’s spouse or partner has failed to do any of the following:

• To take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances;

• take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance;

• comply with a request to undertake a budgeting activity under the programme concerned.

1 New Zealand Gazette, 28 January 1999, No. 8, page 202
2 New Zealand Gazette, 25 February 1999, No. 23, page 567
3 New Zealand Gazette, 2 June 1999, No. 75, page 1687

Authorities and Other Agencies of State Notices

Commerce Commission

Telecommunications Act 2001

Notice of Release of Draft Report in Relation to Schedule 3 Investigation Regarding Resale Services

On 1 October 2009, the Commerce Commission (“Commission”) gave public notice that it was commencing an investigation (“the investigation”), under Schedule 3 of the Telecommunications Act 2001 (“the Act”), into whether each of the following designated access services (“Resale Services”) should be omitted from Subpart 1, Part 2 of Schedule 1 to the Act, or alternatively whether the following designated access services in Subpart 1, Part 2 of Schedule 1 to the Act should be amended in some form:

(a) Retail services offered by means of Telecom’s fixed telecommunications network;

(b) residential local access and calling service offered by means of Telecom’s fixed telecommunications network;

(c) bundle of retail services offered by means of Telecom’s fixed telecommunications network; and

(d) retail services offered by means of Telecom’s fixed telecommunications network as part of bundle of retail services.

On 26 August 2010, the Commission released its draft report on the investigation into the Resale Services. The Commission’s draft report is available on the Commission’s website

http://www.comcom.govt.nz/resale-services-investigation/

The closing date for submissions on the draft report is 23 September 2010 and cross-submissions are due on 8 October 2010.

The Commission will hold a conference on the draft report on 20 October 2010.

Date of Notice: 26 August 2010.

COMMERCE COMMISSION.