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New Zealands committment to migrants questioned

Kim Lund made this Official Information request to Jacinda Ardern

This request has an unknown status. We're waiting for Kim Lund to read recent responses and update the status.

From: Kim Lund

Dear Jacinda Ardern,

I am writing once again to gain a better understanding of how and why the New Zealand government can legally and morally take my US social security payments when I retire. I have lived in NZ for 17 years, nearly half of my working life will have been spent contributing to the NZ economy. In the US, I directly contributed a percentage of my salary for 20 years into Social Security. This stopped when I moved to NZ. Had I stayed in America, I would have continued to contribute, thus increasing my overall retirement funds available to me as a "pensioner". I fully expected to be able to keep my contribution while still participating in some form of government supported pension which I contribute to through my taxes ( the same taxes all working Kiwis pay)

I am grateful that the laws are changing and that my Kiwi husband will no longer risk losing his government super, however I am astounded that this issue of overseas pensions has not been addressed along with the spousal deductions.
As a woman earning less than her male counterparts for my entire career in healthcare, I can't tell you how seriously I take my move toward retirement and how fearful I am. Saving for retirement was never an option outside of my mandatory contribution and now it seems you wish to confiscate that.

I was unaware of the NZ rules around importing my social security until 3 years ago when I first heard of the spousal deduction. Had I been aware of this it may well have impacted my decision to move to NZ. I have made a positive contribution to NZ and to the many vulnerable people who come through the healthcare systems here. I certainly expected that contribution to be acknowledged when I retire.

I am fully aware of the agreement made alongside the UN in the Global Compact Migration in collaboration with many other countries. A reminder to you that NZ has agreed to the following (selection of relevant objectives):

OBJECTIVE 7: Address and reduce vulnerabilities in migration
a) Review relevant policies and practices to ensure they do not create, exacerbate or unintentionally increase vulnerabilities of migrants, including by applying a human rights-based, gender- and disability-responsive, as well as an age- and child-sensitive approach

OBJECTIVE 15: Provide access to basic services for migrants
a) Enact laws and take measures to ensure that service delivery does not amount to discrimination against migrants on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other grounds irrespective of cases where differential provision of services based on migration status might apply

OBJECTIVE 17: Eliminate all forms of discrimination and promote evidence-based public discourse to shape perceptions of migration
Provide migrants, especially migrant women, with access to national and regional complaint and redress mechanisms with a view to promoting accountability and addressing governmental actions related to discriminatory acts and manifestations carried out against migrants and their families

OBJECTIVE 19: Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries

And of course, lastly---->

OBJECTIVE 22: Establish mechanisms for the portability of social security entitlements and earned benefits

38. We commit to assist migrant workers at all skills levels to have access to social protection in countries of destination and profit from the portability of applicable social security entitlements and earned benefits in their countries of origin or when they decide to take up work in another country. To realize this commitment, we will draw from the following actions:

a) Establish or maintain non-discriminatory national social protection systems, including social protection floors for nationals and migrants, in line with the ILO Recommendation 202 on Social Protection Floors
b) Conclude reciprocal bilateral, regional or multilateral social security agreements on the portability of earned benefits for migrant workers at all skills levels, which refer to applicable social protection floors in the respective States, applicable social security entitlements and provisions, such as pensions, healthcare or other earned benefits, or integrate such provisions into other relevant agreements, such as those on long-term and temporary labour migration
c) Integrate provisions on the portability of entitlements and earned benefits into national social security frameworks, designate focal points in countries of origin, transit and destination that facilitate portability requests from migrants, address the difficulties women and older persons can face in accessing social protection, and establish dedicated instruments, such as migrant welfare funds in countries of origin that support migrant workers and their families

My family calls on you Jacinda, to right this wrong. To ensure that, not only my family, but the thousands of people in NZ affected by this outdated and disrespectful law are treated fairly and are able to hold onto our contributions, earned over many years of hard work. Surely you understand this request for urgent changes to our laws. We are counting on you and your conscience to do the right thing.

Yours faithfully,

Kim Lund

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From: Rt. Hon Jacinda Ardern

Kia ora,

 

Thanks very much for taking the time to get in touch with Prime Minister
Jacinda Ardern.

We appreciate your email. Because of the large number of emails we
receive each day, you may not receive a response immediately.

While you are waiting for a reply, here's a list of links that may help
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Thanks again.

Authorised by Jacinda Ardern MP, Parliament Buildings, Wellington

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From: J Ardern (MIN)
Jacinda Ardern

Dear Kim Lund
I am writing on behalf of the Prime Minister, Rt Hon Jacinda Ardern, to acknowledge your email of 08 February 2020 about your US Social Security payments and the New Zealand Superannuation. Please be assured your comments have been noted.
As the issue you have raised falls within the portfolio responsibilities of the Minister for Social Development, Hon Carmel Sepuloni, your email has been forwarded to the Minister's office for consideration. The Prime Minister relies on her Ministerial colleagues to respond to matters that fall within their portfolio responsibilities.
Thank you for writing to Jacinda. 
Dinah Okeby
Office of the Prime Minister

-----Original Message-----
From: Kim Lund [[1]mailto:[FOI #12178 email]]
Sent: Saturday, 8 February 2020 8:40 AM
To: J Ardern (MIN) <[Jacinda Ardern request email]>
Subject: Official Information request - New Zealands committment to
migrants questioned

Dear Jacinda Ardern,

I am writing once again to gain a better understanding of how and why the
New Zealand government can legally and morally take my US social security
payments when I retire. I have lived in NZ for 17 years, nearly half of my
working life will have been spent contributing to the NZ economy.  In the
US, I directly contributed a percentage of my salary for 20 years into
Social Security.  This stopped when I moved to NZ.  Had I stayed in
America, I would have continued to contribute, thus increasing my overall
retirement funds available to me as a "pensioner".  I fully expected to be
able to keep my contribution while still participating in some form of
government supported pension which I contribute to through my taxes ( the
same taxes all working Kiwis pay)

I am grateful that the laws are changing and that my Kiwi husband will no
longer risk losing his government super, however I am astounded that this
issue of overseas pensions has not been addressed along with the spousal
deductions. 
As a woman earning less than her male counterparts for my entire career in
healthcare, I can't tell you how seriously I take my move toward
retirement and how fearful I am.  Saving for retirement was never an
option outside of my mandatory contribution and now it seems you wish to
confiscate that.

I was unaware of the NZ rules around importing my social security until 3
years ago when I first heard of the spousal deduction.  Had I been aware
of this it may well have impacted my decision to move to NZ.  I have made
a positive contribution to NZ and to the many vulnerable people who come
through the healthcare systems here. I certainly expected that
contribution to be acknowledged when I retire.

I am fully aware of the agreement made alongside the UN in the Global
Compact Migration in collaboration with many other countries.  A reminder
to you that NZ has agreed to the following (selection of relevant
objectives):

OBJECTIVE 7: Address and reduce vulnerabilities in migration
a) Review relevant policies and practices to ensure they do not create,
exacerbate or unintentionally increase vulnerabilities of migrants,
including by applying a human rights-based, gender- and
disability-responsive, as well as an age- and child-sensitive approach

OBJECTIVE 15: Provide access to basic services for migrants
a) Enact laws and take measures to ensure that service delivery does not
amount to discrimination against migrants on the grounds of race, colour,
sex, language, religion, political or other opinion, national or social
origin, property, birth, disability or other grounds irrespective of cases
where differential provision of services based on migration status might
apply

OBJECTIVE 17: Eliminate all forms of discrimination and promote
evidence-based public discourse to shape perceptions of migration Provide
migrants, especially migrant women, with access to national and regional
complaint and redress mechanisms with a view to promoting accountability
and addressing governmental actions related to discriminatory acts and
manifestations carried out against migrants and their families

OBJECTIVE 19: Create conditions for migrants and diasporas to fully
contribute to sustainable development in all countries

And of course, lastly---->

OBJECTIVE 22: Establish mechanisms for the portability of social security
entitlements and earned benefits

38. We commit to assist migrant workers at all skills levels to have
access to social protection in countries of destination and profit from
the portability of applicable social security entitlements and earned
benefits in their countries of origin or when they decide to take up work
in another country. To realize this commitment, we will draw from the
following actions:

a) Establish or maintain non-discriminatory national social protection
systems, including social protection floors for nationals and migrants, in
line with the ILO Recommendation 202 on Social Protection Floors
b) Conclude reciprocal bilateral, regional or multilateral social security
agreements on the portability of earned benefits for migrant workers at
all skills levels, which refer to applicable social protection floors in
the respective States, applicable social security entitlements and
provisions, such as pensions, healthcare or other earned benefits, or
integrate such provisions into other relevant agreements, such as those on
long-term and temporary labour migration
c) Integrate provisions on the portability of entitlements and earned
benefits into national social security frameworks, designate focal points
in countries of origin, transit and destination that facilitate
portability requests from migrants, address the difficulties women and
older persons can face in accessing social protection, and establish
dedicated instruments, such as migrant welfare funds in countries of
origin that support migrant workers and their families

My family calls on you Jacinda, to right this wrong. To ensure that, not
only my family, but the thousands of people in NZ affected by this
outdated and disrespectful law are treated fairly and are able to hold
onto our contributions, earned over many years of hard work.  Surely you
understand this request for urgent changes to our laws.  We are counting
on you and your conscience to do the right thing.

Yours faithfully,

Kim Lund

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From: C Sepuloni (MIN)
Jacinda Ardern


Attachment Response from Hon Carmel Sepuloni to Kim Lund.pdf
163K Download View as HTML


Tçnâ koe Kim Lund,

 

Please see the attached response from Minister Sepuloni.

 

I apologise for the delay and thank you for your patience.

 

Ngâ mihi,

Rikihana Dixon | Private Secretary (Social Development)

Office of Hon Carmel Sepuloni MP, Minister for Social Development,
Minister for Disability Issues, Associate Minister for Pacific Peoples,
Associate Minister for Arts, Culture and Heritage

 

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Colin Tan left an annotation ()

Dear Jacinda,
In your daily announcements on Covid-19, you always end with your slogan "Be kind" and said a few days ago that NZ obtained the Test Kits donated from Singapore - yet your MSD discriminates against Singaporeans - read the Memorandum filed in the High Court on 10th March 2020 Submissions filed on 17th March 2020 and you will understand the hypocrisy of that phrase - Be kind? Yeah - right!
Ref: CIV-2020-404-000325 dated 10/3/20 and 17/3/20
Tan v Director of Human Rights Proceedings.
In your video - https://www.youtube.com/watch?v=mLKOIjsC...
you mentioned Human Rights and yet the NZ Human Rights Review Tribunal [HRRT] struck out the valid complaint of DISCRIMINATION BY NATIONALITY [HRRT 059/2015] after an engineered delay of SIX years whereas the HRRT settled Colin Craig's personal assistant's complaint in just ONE month.
Your former PM collected his CPF savings tax-free but the same CPF savings of Singaporeans are confiscated 100% via Direct Deduction by MSD. Be kind? Indeed.
Your judges confirmed in their rulings that unless Singaporeans threw away their passports/citizenships, MSD will confiscate the CPF savings of Singaporeans. This is coercion by MSD to disadvantage Singaporeans by reducing the Super by Direct Deduction unless they "relinquish their Singaporean citizenship" - Ref: CA 235/2017 Paragraph [20] - and this coercion is also blatantly against Human Rights. So what is the NZ Human Rights Commission doing by supporting MSD? Be kind? Surely kind?

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