THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT v BROADBENT _x000b_[2017] NZCA 474
Leave to appeal was granted because the approved question—whether the Chief Executive may include income capable of being derived from gifted assets valued below the permitted threshold in means assessments under ss 147 and 147A—raises an issue of general and public importance affecting a significant number of...
Source-derived case information.
- Citation
- [2017] NZCA 474
- Parties
- Applicant: The Chief Executive of the Ministry of Social Development; Respondent: Gwyneth Broadbent
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 October 2017
- Procedural Posture
- Appeal / Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Means Assessment, Residential Care Subsidy, Gifts and Income, Social Security Act 1964 Ss 147 and 147 a
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Chief Executive of the Ministry of Social Development
Applicant
Gwyneth Broadbent
Respondent
Procedural Posture
Appeal / Leave to Appeal Granted
Legal Issues
- 1 Whether the Chief Executive can include any income capable of being derived from gifted assets valued below the permitted threshold in a person's means assessment under ss 147 and 147A of the Social Security Act 1964
- 2 Whether the issue is of general or public importance warranting grant of leave to appeal
Ratio Decidendi
Leave to appeal was granted because the approved question—whether the Chief Executive may include income capable of being derived from gifted assets valued below the permitted threshold in means assessments under ss 147 and 147A—raises an issue of general and public importance affecting a significant number of applicants and residents, and thus merits determination by the Court of Appeal.
Court Disposition
Leave to appeal granted
Orders
- Grant leave to appeal on the approved question whether the Chief Executive can include any income capable of being derived from gifted assets valued below the permitted threshold in a person's means assessment under ss 147 and 147A of the Social Security Act 1964
- Appoint Wendy Aldred as counsel assisting to act as contradictor and to confer with the respondent's attorney
Full Case Text
Judgment text and source record
1 paragraphs
THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT v BROADBENT [2017] NZCA 474 [19 October 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA423/2017[2017] NZCA 474BETWEEN THE CHIEF EXECUTIVE OF THEMINISTRY OF SOCIALDEVELOPMENTApplicantAND GWYNETH BROADBENTRespondentHearing: 16 October 2017Court: Kós P, Harrison and Gilbert JJCounsel: J K Gorman and O J G Upperton for ApplicantS G Broadbent, attorney for RespondentJudgment: 19 October 2017 at 4.00 pmJUDGMENT OF THE COURTA Leave to appeal against the decision of the High Court in Broadbent v Chief Executive of the Ministry of Social Development [2017] NZHC 1499 is granted.B The approved question on which leave is granted is whether the Chief Executive can include any income capable of being derived from gifted assets valued below the permitted threshold in a person's meansassessment under ss 147 and 147A of the Social Security Act 1964.C No order for costs is made.____________________________________________________________________REASONS OF THE COURT(Given by Kós P)[1] The approved question involves a matter of general or public importance, affecting means assessments for some 200 applicants annually for a residential care subsidy and the level of subsidy of an estimated almost 572 residential care residents at any one time.[2] Ms Wendy Aldred, barrister of Wellington, is appointed counsel to assist the Court, to act as contradictor to the Crown contentions on appeal and to ensure that all relevant arguments are before the Court. Counsel assisting is to confer with Mr Broadbent, the respondent's attorney. Counsel assisting's costs are to be paid outof public funds appropriated by Parliament for that purpose through the Ministry of Justice, upon standard terms to be settled with the Registrar.Result[3] Leave to appeal against the decision of the High Court in Broadbent v Chief Executive of the Ministry of Social Development is granted.1[4] The approved question on which leave is granted is whether the Chief Executive can include any income capable of being derived from gifted assets valuedbelow the permitted threshold in a person's means assessment under ss 147 and147A of the Social Security Act 1964.[5] No order for costs is made.Solicitors:Crown Law Office, Wellington for Applicant1 Broadbent v Chief Executive of the Ministry of Social Development [2017] NZHC 1499, [2017] NZAR 1127.