New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appeal authority jurisdiction

Legal area

Court

10 Mar 2017

CHIEF EXECUTIVE, MINISTRY OF SOCIAL DEVELOPMENT v S [2017] NZHC 414

Citation

[2017] NZHC 414
Court

High Court

The High Court held that the Appeal Authority did not exceed its jurisdiction by considering and making a direction under s86(3) as part of the 'same matter' under s12I(2); s86(1) and s86(3) are aspects of the same statutory recovery regime and operationally are dealt with in the same inquiry, prior case law supports a broad rehearing power, and absence of procedural safeguards was a legislative oversight remediable elsewhere rather than a basis to narrow 'the same matter'. The formal question in the case stated is answered 'no'.
10 Mar 2014

MORGAN v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2014] NZHC 421

Citation

[2014] NZHC 421
Court

High Court

The Authority correctly recognized deprivation may be deliberate, but erred in applying s 74(1)(d) because deprivation must be the determinative cause of qualification for the benefit; TAA is not asset or income tested so depriving oneself of property via a trust did not make the appellants qualify when they otherwise would not. On the facts appellants otherwise met Programme eligibility and the Authority's exercise of discretion to decline was incorrect; High Court reversed and approved grant of TAA at $300 per week.