DAWN LORRAINE GREENFIELD v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 57
Leave to appeal was granted because the correct interpretation of "ordinarily resident in New Zealand" in s 8(a) raises a significant question of law warranting Supreme Court consideration; the Court did not decide the substantive issue on the merits.
Source-derived case information.
- Citation
- [2015] NZSC 57
- Parties
- Applicant: Dawn Lorraine Greenfield; Respondent: The Chief Executive of the Ministry of Social Development
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 May 2015
- Procedural Posture
- Leave to Appeal / Leave Granted by Supreme Court
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Ordinarily Resident, Superannuation Entitlement, Interpretation of Residence Requirement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dawn Lorraine Greenfield
Applicant
The Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Leave to Appeal / Leave Granted by Supreme Court
Legal Issues
- 1 Whether the Court of Appeal correctly interpreted the phrase "ordinarily resident in New Zealand" in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001
Ratio Decidendi
Leave to appeal was granted because the correct interpretation of "ordinarily resident in New Zealand" in s 8(a) raises a significant question of law warranting Supreme Court consideration; the Court did not decide the substantive issue on the merits.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal granted to the Supreme Court (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611).
- Approved ground of appeal: whether the Court of Appeal correctly interpreted the phrase "ordinarily resident in New Zealand" in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001.
Full Case Text
Judgment text and source record
1 paragraphs
DAWN LORRAINE GREENFIELD v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 57 [11 May 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 10/2015[2015] NZSC 57BETWEEN DAWN LORRAINE GREENFIELDApplicantAND THE CHIEF EXECUTIVE OF THEMINISTRY OF SOCIALDEVELOPMENTRespondentCourt: Elias CJ, Glazebrook and Arnold JJCounsel: P D McKenzie QC and A J McGurk for ApplicantM J Andrews and N Bailey for RespondentJudgment: 11 May 2015JUDGMENT OF THE COURTA The application for leave to appeal is granted (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611).B The approved ground is whether the Court of Appeal correctly interpreted the phrase "ordinarily resident in New Zealand" in s 8(a) of the New ZealandSuperannuation and Retirement Income Act 2001.____________________________________________________________________Solicitors:Robert Brace, Porirua for ApplicantCrown Law Office, Wellington for Respondent