CHILD POVERTY ACTION GROUP INCORPORATED (CPAG) v THE ATTORNEY-GENERAL COA CA232/2012
The Court granted special leave to appeal and identified as the core legal questions whether the High Court correctly stated and applied the tests for breach of s19 and for s5 of the NZBORA; the leave question explicitly includes the respondent's cross-appeal on whether two separately defined groups are prima facie...
Source-derived case information.
- Citation
- COA CA232/2012
- Parties
- Applicant: Child Poverty Action Group Incorporated (CPAG); Respondent: The Attorney-General
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 20 July 2012
- Procedural Posture
- Appeal / Special Leave Granted
- Outcome
- Special leave to appeal granted
- Legal Topics
- New Zealand Bill of Rights Act 1990 S19, New Zealand Bill of Rights Act 1990 S5, Discrimination, In Work Tax Credit, Income Tax Act 2004 S MD8, Income Tax Act 2004 S MD9
Source-derived case record
Summary, issues, holding and outcome
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Parties
Child Poverty Action Group Incorporated (CPAG)
Applicant
The Attorney-General
Respondent
Procedural Posture
Appeal / Special Leave Granted
Legal Issues
- 1 Whether the High Court correctly stated and applied the test for a breach of s19 NZBORA
- 2 Whether the High Court correctly stated and applied the test for s5 NZBORA
- 3 Whether those ineligible for the in-work tax credit under sMD 8(a) only are prima facie discriminated against
Ratio Decidendi
The Court granted special leave to appeal and identified as the core legal questions whether the High Court correctly stated and applied the tests for breach of s19 and for s5 of the NZBORA; the leave question explicitly includes the respondent's cross-appeal on whether two separately defined groups are prima facie discriminated against by the in-work tax credit rules under sMD 8(a) and sMD 9 of the Income Tax Act 2004.
Court Disposition
Special leave to appeal granted
Orders
- Special leave to appeal granted
- Approved questions of law: (1) whether the High Court correctly stated and applied the test for a breach of s19 NZBORA; (2) whether the High Court correctly stated and applied the test for s5 NZBORA; (3) inclusion of respondent's cross-appeal questions on prima facie discrimination for those ineligible under sMD...
Full Case Text
Judgment text and source record
1 paragraphs
CHILD POVERTY ACTION GROUP INCORPORATED (CPAG) v THE ATTORNEY-GENERAL COA CA232/2012 [20 July 2012]IN THE COURT OF APPEAL OF NEW ZEALANDCA232/2012[2012] NZCA 319BETWEEN CHILD POVERTY ACTION GROUPINCORPORATED (CPAG)ApplicantAND THE ATTORNEY-GENERALRespondentHearing: 17 July 2012Court: Glazebrook, Stevens and White JJCounsel: F M Joychild and J M Ryan for ApplicantJ Foster and C I J Fleming for RespondentJudgment: 20 July 2012 at 2.30pmJUDGMENT OF THE COURTA Special leave to appeal is granted.B The approved questions of law are whether the High Court correctly stated and applied:(i) the test for a breach of s 19 of the New Zealand Bill of Rights Act 1990; and(ii) the test for s 5 of the New Zealand Bill of Rights Act 1990.C The first question is to include the questions raised by the respondent by way of cross-appeal, namely whether the High Court erred in applying s 19 in holding that:(i) those who are ineligible for the in-work tax credit on the basis of only s MD 8(a) of the Income Tax Act 2004 are the subject ofprima facie discrimination; and(ii) those who are ineligible for the in-work tax credit on the basis of both s MD 8(a) and s MD 9 of the Income Tax Act 2004 are not the subject of prima facie discrimination.D Costs are reserved.Solicitors:Davenport City Law, Auckland for ApplicantCrown Law Office, Wellington for Respondent