What an agent can do

What an agent can do depends on what role the client wishes them to have. The client must decide exactly what rights and responsibilities they wish to grant their agent; the client may also specifically exclude the agent from doing certain things.

The agent's powers may be wide, or limited to cover a specific issue, for example to assist with a Review of Decision.

Note appointing an agent does not limit a client's right to act for themselves.

A client who is on the social housing register or applying for social housing can authorise MSD to pass on their agent's details to social housing providers who may have properties available to offer them.  The agent must agree that their details can be given to the provider, and the provider has discretion to decide whether they will deal with the agent directly or the client.

Note the agency relates only to the placement process and the authority does not extend to the on-going relationship between the housing provider and the client.  If the client wants the agent to represent them in all future matters with the housing provider, they will have to arrange this directly with the housing provider.

An agent may complete the eligibility, obligations and intent to reapply parts of the 26 week reapplication on behalf of the client or partner (if any included in their Jobseeker Support) if they have been given the appropriate rights to act on their behalf.

Note agents can only complete the employment engagement on a client’s behalf if MSD decides there is a reason that means this is unavoidable.

For more information see:

• Completing the 26 week reapplication process
• Specific engagements
• Specific eligibility engagement

If the client wishes to grant another person the full legal right to make all decisions on their behalf, MSD can suggest to the client that they investigate having a Power of Attorney drawn up between themselves and their agent. They then need to supply a copy of this to MSD. Note in most cases, this will cover more than the client's dealings with MSD.

For more information see:

• Power of Attorney

If an individual is an agent appointed by a Court Order, or has authority over the client's affairs via an Enduring Power of Attorney, what they can do on behalf of the client is determined by what is granted by the appropriate document (either the Enduring Power of Attorney form or Court Order or Public Trust Certificate of Administration). This must be confirmed at the time of application to make ensure the agent acts within the boundaries they have been given.

• Agent appointed by a Court Order
• Enduring Power of Attorney
• Public Trust Certificate of Administration

If an agent is appointed when the client is temporarily incapacitated (for example, in a coma), the agent's role should be limited to the minimum rights and responsibilities that they require to assist meeting the client's immediate needs with MSD.

For more information see:

• Temporary incapacity

For more information about the rights and responsibilities that agents may be granted, as provided for on the Ministry of Social Development 'Appointment of an Agent' form, see:

• Examples of what an agent can do
• Appointment of an agent form
• What an agent cannot do

For more information see:

• Process for appointing an agent
• Appointing an agent without the client's informed consent
• Temporary agency
• Examples of where agency may be relevant