Official Assignee v NZI Life Superannuation Nominees Ltd - [1995] 1 NZLR 684

Bankruptcy and insolvency — Alienation with intent to defraud creditors — Superannuation scheme — Clause in trust deed providing that member's rights forfeited in the event of member becoming bankrupt — Whether clause a fraud on the bankruptcy laws — Whether void and of no effect — Whether common law rule overridden by statute in relation to superannuation schemes — Superannuation Schemes Act 1976, s 18 (repealed) — Superannuation Schemes Regulations 1983 (SR 1983/34), reg 14 (repealed) — Insolvency Act 1967, s 42.

Social security, pensions and superannuation — Superannuation scheme — Whether clause in trust deed a fraud on the bankruptcy laws — Whether void and of no effect — Whether Superannuation Schemes Regulations overrode the common law rule in relation to bankruptcy law — Whether Superannuation Schemes Regulations 1983 ultra vires Superannuation Schemes Act 1976 — Effect of revocation of regulations "prescribed" — "Conditions and requirements" — Whether "right, interest, or title already acquired, accrued or established" — Superannuation Schemes Act 1976, s 18 (repealed) — Superannuation Schemes Regulations 1983 (SR 1983/34), reg 14 (repealed) — Superannuation Schemes Act 1989, s 32 — Acts Interpretation Act 1924, s 20A.