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Old Apr 15, 2014 | 7:38 pm
  #31  
reubee
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15 Years on Site
 
Join Date: Jul 2009
Programs: QF, NZ, MH, Hilton
Posts: 88
I would've thought rules 8.8.2 and 8.8.3 were more relevant in this case ...

8.8.2 Your Membership will terminate on your death. Airpoints Dollars, Status Points and any other benefits earned but not redeemed at the time of your death will be cancelled for no consideration, unless a transfer is permitted in accordance with clause 8.5. We'll terminate your Membership and close your Account when we receive notification of your death. We will not be liable for any loss or damage whatsoever suffered by any person as a result of such termination.
8.8.3 If anyone claims accruals or credits from a deceased Member's Account, they may be subject to appropriate administrative and/or legal action by us including, but not limited to, Membership cancellation (if applicable) and the loss of all accumulated Airpoints Dollars and unused Rewards. We may also take action to recover the monetary value of the Airpoints Dollars and benefits concerned.
... Air New Zealand has given themselves wiggle room with the use of may in 8.8.3, and that is probably what they have used in this instance.

What is puzzling me with the quotes from the Air New Zealand spokesperson in the article

A spokeswoman for Air New Zealand said it was "standard procedure" for Airpoints accounts to be closed "on receipt of notification of the member's death".

"Airpoints Dollars are owned by the member and those not redeemed at the time of the member's death are cancelled unless a formal claim is made by the beneficiary of the member's estate," she said...
The spokeswoman for Air New Zealand said Airpoints Dollars had a New Zealand dollar value and an Airpoints account was similar to a bank account.

"When we are notified that an Airpoints member has passed away we close the account. Once we have confirmation of who is the beneficiary of the deceased person's estate we happily transfer the Airpoints balance to the beneficiary's account," she said.
as that contradicts the terms and conditions which also include

8.5 Accumulated Airpoints Dollars, Status Points and any other benefits related to the Programme are not your property
So do the points belong to the individual or Air New Zealand? If they belong to the individual then doesn't that bring Estate Law, Matrimonial Property, Income Tax into play?
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