Who can be an agent?
A client has the right to appoint any individual or organisation as their agent; however, in certain circumstances Work and Income, Senior Services or Housing Assessment have the discretion not to deal with an agent of the client's choice.
Generally an agent:
- should be a person of credible reputation and
- will generally be over 18 years of age (an exception to this could be a partner) and
- will be a person the client knows well and can depend on for their support, such as a family member, spouse, partner or close friend
For more information see:
Organisation or company as agent
An organisation or company may be appointed as a client's agent.
This may be used, for example, to appoint a volunteer organisation, beneficiary advocacy group or rest home as a client's agent.
For more information see:
Client representative as agent
A client may ask for a client representative to be their agent. This may be an individual person.
For more information see:
Ministry of Social Development employee as agent
If a client wishes to appoint an employee of the Ministry of Social Development (including Work and Income, Senior Services or Housing Assessment) as their agent, this should be discussed with the employee's manager.
The manager should decide whether it is appropriate for this to occur; they should consider whether there are any conflict of interest or internal security issues.
Note while it may be acceptable in most circumstances for an employee to act as a client's temporary agent for one-off events, such arrangements should still be discussed with the employee's manager.
For more information see:
Power of Attorney or Court Order
An individual granted a Power of Attorney or an agent appointed by a Court Order under the Protection of Personal and Property Rights Act 1988, may be appointed as an agent.
Their role will be limited to the powers that are granted in the Power of Attorney or Court Order document.
For more information see:
Lawyer as agent
A lawyer may act on behalf of a client to deal with MSD.
The lawyer should provide a written statement on their law firm letterhead or email address that they are acting on behalf of the client.
The lawyer should be registered in New Zealand.
If you are satisfied that the client has given permission for a lawyer to act for them, the lawyer does not need to complete an appointment of agent form or be added as an agent in CMS.
For more information see:
- Procedures [no link find out why]
Public Trust
The Public Trust can issue a Certificate of Administration as proof of their authority to act on behalf of a client.
They will also issue a letter of instruction requesting actions to be completed, for example, redirection of correspondence or redirection of benefit payments.
- Public Trust Certificate of Administration [no link find out why]
Limits to appointing an agent
While it may be beneficial for the client to appoint an agent to act as their representative for Work and Income, Senior Services or Housing Assessment purposes, you cannot insist that the client do so.
This includes situations where a trespass notice has been issued against a client who has been prohibited from entering specific Work and Income, Senior Services or Housing Assessment offices.
These clients can contact us using the 0800 number or in some circumstances be assisted by the Remote Client Unit.
For more information see:
