New Zealand Law Society - KiwiSaver (Oranga Tamariki Guardians) Bill passed

KiwiSaver (Oranga Tamariki Guardians) Bill passed

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Parliament gave a third reading to the KiwiSaver (Oranga Tamariki Guardians) Amendment Bill on 21 August 2019.

A Member's bill, it was introduced by National MP Hamish Walker. The bill makes it possible for a foster parent (or kin carer) to approach a KiwiSaver provider to open an account for a foster child in their care.

The bill amends section 35 of the KiwiSaver Act 2006.

Clause 3A amends section 4 and inserts a definition of Oranga Tamariki guardian:

(a) appointed by an order under section 110 of the Oranga Tamariki Act 1989 as the sole guardian of B or as a guardian of B in addition to any other guardians of B; or

(b) appointed by an order under section 113A of that Act as a special guardian of B; or

(c) whose sole guardianship of B arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)(e) of that Act who, on his or her death, was B’s sole guardian)

Clause 4 amends section 35 replacing section 35(3) to allow the enrolment in KiwiSaver for 16 or 17 year olds to opt in if they and one of their guardians or Oranga Tamariki guardians jointly  contract with a provider, in the name of the person. If the provider accepts the person, then the person is treated as contracting directly with the provider.

Clause 4, new 35(5) provide that a person that is less than 16 years may opt in if 1 of the person’s Oranga Tamariki guardians contracts directly with a provider, in the name of the person.

The bill comes into force on the day after the date on which it receives the Royal assent.

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