ARBUTHNOT V CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME SC 82/2006
The Court granted leave to appeal to decide whether the Authority erred in its interpretation of s 12J by asserting jurisdiction to consider relationship evidence relevant to entitlement to the accommodation supplement; the question of the Authority's jurisdiction under s 12J is properly arguable and warrants full...
Source-derived case information.
- Citation
- ARBUTHNOT V CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME SC 82/2006
- Parties
- Appellant: Anthony Arbuthnot; Respondent: Chief Executive of the Department of Work and Income
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 March 2007
- Procedural Posture
- Appeal / Leave to Appeal Granted
- Outcome
- Leave to appeal granted; approved ground as stated
- Legal Topics
- Accommodation Supplement, Living in a Relationship in the Nature of Marriage, Statutory Interpretation, Jurisdiction
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Summary, issues, holding and outcome
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Parties
Anthony Arbuthnot
Appellant
Chief Executive of the Department of Work and Income
Respondent
Procedural Posture
Appeal / Leave to Appeal Granted
Legal Issues
- 1 Whether the Authority erred in interpreting s 12J by holding it had jurisdiction to consider evidence about whether the appellant was living in a relationship in the nature of marriage when that evidence was relevant to eligibility for the accommodation supplement
Ratio Decidendi
The Court granted leave to appeal to decide whether the Authority erred in its interpretation of s 12J by asserting jurisdiction to consider relationship evidence relevant to entitlement to the accommodation supplement; the question of the Authority's jurisdiction under s 12J is properly arguable and warrants full appeal consideration.
Court Disposition
Leave to appeal granted; approved ground as stated
Orders
- Leave to appeal is granted.
- Approved ground: Did the Authority err in its interpretation of s 12J in holding that it had jurisdiction to consider evidence relating to the issue of whether or not the appellant was living in a relationship in the nature of marriage if that evidence was relevant to the appellant's eligibility to the accommodation...
Full Case Text
Judgment text and source record
1 paragraphs
ARBUTHNOT V CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME SC 82/2006 8 March 2007IN THE SUPREME COURT OF NEW ZEALAND SC 82/2006 [2007] NZSC 14BETWEEN ANTHONY ARBUTHNOT Appellant AND CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME Respondent Court: Blanchard, McGrath and Anderson JJ Counsel: P D McKenzie QC for Appellant U R Jagose and M L Campbell for Respondent Judgment: 8 March 2007JUDGMENT OF THE COURT A Leave to appeal is granted. B The approved ground is: Did the Authority err in its interpretation of s 12J in holding that it had jurisdiction to consider evidence relating to the issue of whether or not the appellant was living in a relationship in the nature of marriage if that evidence was relevant to the appellant's eligibility to the accommodation supplement?Solicitors: Otene & Ellis, Auckland for Appellant Crown Law Office, Wellington