New Zealand Case Law: Decisions & Judgments

Topic

Accommodation supplement

Legal area

Court

12 Aug 2022

MINISTRY OF SOCIAL DEVELOPMENT v B [2022] NZHC 1984

Citation

[2022] NZHC 1984
Court

High Court

The Chief Executive's power to approve a recognised course of study as a 'full-time course' is a discretionary power but is limited to assessment of the course's quantitative attributes (eg EFTS/workload). A student's personal circumstances, including work and caring commitments and the time they actually devote to study, are irrelevant to that approval. The Social Security Appeal Authority erred in law by taking those personal circumstances into account when deciding the approval question.
5 May 2016

LAWSON v CHIEF EXECUTIVE, MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 910

Citation

[2016] NZHC 910
Court

High Court

Bonus Bonds were correctly treated as unencumbered cash assets for assessing entitlement; the Authority lawfully applied an ordinary meaning of 'emergency' alongside cl12.2 factors; the Training Incentive Allowance refusal stands despite an acknowledged misapplied restriction because the lawful considerations and evidence justify the same outcome; storage fees for off-site furniture are not accommodation costs under s61E/s61EA; the Authority's factual assessments and discretionary conclusions were not legally erroneous in ways that would change outcomes; Authority should apply rigour in frami…
10 Feb 2016

P v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 123

Citation

[2016] NZHC 123
Court

High Court

The Authority's factual findings that Ms D was the principal caregiver immediately before separation were open on the evidence and correctly brought s 70B(3) into play; the Court will apply the statutory scheme as enacted and therefore dismisses the appellant's challenge.
17 Nov 2009

THE MINISTRY OF SOCIAL DEVELOPMENT V ROBERT CODRE HC WN CIV 2009-485-1210

Citation

openlaw-aea4a40d_2f0f_47e3_85d1_b1ee0219295d.pdf
Court

High Court

For tenants under s61E(1)(a) the accommodation costs mean the total rent paid for the premises; where utilities such as electricity are included in an indivisible rent because there is no separate meter or choice they form part of the 'total cost' and the Chief Executive has no statutory discretion to exclude them.
1 Oct 2008

PATEL V MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV-2008-485-1124

Citation

openlaw-9035ca40_9ea4_4b00_83d1_402cb7db63bd.pdf
Court

High Court

The rating valuation constituted admissible evidence on which the Authority permissibly concluded the property value and resulting equity; absent contrary valuation evidence from the appellant, the Chief Executive was entitled to and properly exercised discretion under s61EC(4) to refuse/cancel the accommodation supplement; the Authority made no error of law and the appeal is dismissed.
8 Mar 2007

ARBUTHNOT V CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME SC 82/2006

Citation

ARBUTHNOT V CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME SC 82/2006
Court

Supreme Court

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.
22 Dec 2005

FIONA PRASAD V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA119/04

Citation

openlaw-1b6a0345_fba3_4cd9_bd7b_2669a2fa85ea.pdf
Court

Court of Appeal

Only the part of payments referable to the flat occupied as the applicant's home qualify as 'accommodation costs' under s61E; where global costs relate to both home and rented parts the Chief Executive may apportion costs on an equitable basis to determine the accommodation costs for the home.
22 Dec 2005

FIONA PRASAD V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA119/04

Citation

openlaw-2da5f972_b784_474a_9a21_5dfea3d023e3.pdf
Court

Court of Appeal

Only the portion of payments that are referable to the part of the premises actually occupied as the applicant's home constitute 'accommodation costs' under s 61E; where a property comprises both a home and a rental unit global costs must be apportioned on an equitable basis and the Chief Executive's apportionment was lawful.