Benefit Review Committee (or BRC.) Albany Work and Income (or W&I Centre) Corinthian Way Albany Auckland 45 Albany Heights Road. Albany RD2 Auckland 0792 23rd April 2010 Dear Committee, 1. Both Mrs. K, Inter SS victim No 321-400-171 and I as her authorized agent absolve this BRC of any privacy issues except for S.6.a Principal 1 of the Privacy Act 1993. 2. I request that the BRC members declare if they have any vested interests in the closed to new members as of 1992 and 1996 Government Superannuation Fund or GSF scheme controlled by the GSF Act 1956. Section 10A.4.c gives this vested interest. 3. Only S.6.a of the Privacy Act is applicable to this Benefit Review as it states personal information is to be used only for a lawful purpose. Therefore to use personal information, collected under s.69 of the Social Security Act 1964 and to apply s.70.1 is not Parliament's intention thus it is not applicable to this BRC hearing 4. The domestic Privacy Act 1993, is consistent with Clause 29 in the 1297 Magna Carta and the current 1948-1998 UN Human Rights Charter, a Charter to which NZ is signatory. 5. There are three types of world-wide benefits/pensions involved with this Benefit Review, a non-contributory Tier 1 which is State funded out of taxes, an overseas Social Security contributory Tier 2 and personal Tier 3 funded by private contributions, both occupational and voluntary. To equate non-contributory to contributory is contradictory. 6. All NZ domestic Social Welfare Assistance Veterans benefits or pensions are contained in the NZ Social Security Act 1964 and associated Acts, all are NZ Tier 1 and NZ has no Tier 2 only the GSF and other private funds. All private funds are akin to any Social Security Tier 2. The NZ Superannuation is a Tier 1. 7. The Social Welfare Transitional Provisions Act 1990 is only applicable to an overseas Tier 2 if an applicant is not fully qualified for a NZ Tier 1. Transitional Provisions cannot disqualify a fully qualified applicant. 8 To apply the NZ Tier 1 Direct Deduction Policy of S.70 to an applicant's overseas Tier 2 is unlawful by International Instruments unless a Transitional Scheme is used. 9. Article 1.n of this International Instrument to which NZ is a signatory, instructs that no Tier 2 in which the applicant has a financial interest, is NOT to have a Tier 1 Direct Deduction Policy applied. 10. The International Services have arbitrarily applied the NZ Tier 1 Direct Deduction Policy contained in S.70.1 of the 1964 Act, to Mrs. Ks overseas Tier 2 even though she is fully entitled to both by NZ Statute and International Instruments, except for voluntary contributions, which is an absurdity as all contributions are of equal value to her overseas Tier 2. 11. All voluntary or compulsory contributions are of equal value to an overseas Tier 2 contractual pension and the notation/date of this personal information was faxed to the International Services in Jan 2009. This fax proved that the International Services have made unlawful use of this information. 12. Mrs. K requires no Transitional Scheme to fully qualified for the NZ Tier 1 Superannuation as this Tier 1 qualifications are based on NZ residency and age, Mrs. K has been in resident since 1964. 13. Section 70.1 in the Tier 1 1964 Act is applicable only to similar overseas Tier 1, analogous or for the same purpose or contingencies as NZ Social Welfare or Assistance therfore that Policy cannot be applied to Mrs. Ks overseas Tier 2. 14. The UK State Pension Service is a part of their Department of Work and Pensions, but is used only to administer Mrs. Ks Tier 2 in a fiduciary, not statutory manner and is not as in s.70.1 [made by or on behalf of that Government]. 15. By way of explanation, the UK State pension remittance service is used to remit Mrs. Ks Tier 2, along with any Tier 1, which is the reason for the statutory s.69 of the 1964 Act, thats where this Benefit Review must end. 16. Furthermore, the CEO/MSD only has the authority contained in S.70.1 of the SS Act 1964 to have an opinion as to which overseas Tier 1 is exempt s.70.1. Nothing more. 17. Parliament cannot authorise a domestic Statutory Instruction to supersede an International Instrument, so the International Services is acting ultra vires. 18. All evidence is either factual or has been disclosed to the International Services as private information. 19. As Mrs. K is fully qualified by age, and resident since 1964, please pay Mrs. K her full entitlement to the NZ Superannuation and the unlawfully withheld part of that statutory NZ Tier 1 pension. F.C. Dunn. Authorised agent for Mrs. R. K, W&I client No 321 400 431