New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal by way of case stated

  • 16 Aug 2016

    COOK v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 1892 [16 August 2016]

    Citation
    [2016] NZHC 1892
    Court
    High Court

    Because s 12Q(6) requires the Chair of the Social Security Appeal Authority to settle and sign a case before it can be sent to the High Court, and the Chair declined to do so, no case was stated and the High Court had no jurisdiction to hear the purported appeal; the appeal is dismissed.

    • Appeal by way of case stated
    • Jurisdiction to hear appeals
    • Statutory interpretation of s 12q
    • Authority procedural powers
    • Composition of appeal panels

  • 19 Dec 2012

    DONALD V MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV-2011-485-000581

    Citation
    openlaw-57756ecc_6fed_4047_913d_abadcc89667f.pdf
    Court
    High Court

    The High Court held there exists a question of law of sufficient public importance—whether the Authority has any obligation to obtain updating evidence that post‑dates the Chief Executive's decision—and granted leave to appeal to the Court of Appeal; the Court noted the Authority may need to seek updating evidence in some circumstances and remitted the matter for reconsideration consistent with the requirement that the Chief Executive's decision and the evidence before him be considered, while permitting other evidence if relevant to the position at the time of the decision.

    • Unsupported child benefit
    • Appeal by way of case stated
    • Duty to obtain/update evidence
    • Scope of rehearing by tribunal

  • 1 Sept 2008

    COWLEY V MINISTRY OF SOCIAL DEVELOPMENT HC WN CIV-2008-485-381

    Citation
    openlaw-461a9b9e_0499_4628_88e1_f6d5130bdaa6.pdf
    Court
    High Court

    The Authority did not err in law: its reference to 'highly unusual circumstances' was descriptive of the exceptional outcome of a case-by-case inquiry rather than a legal test or unlawful fetter; the discretion not to recover is residual, informed by the Act (including s 86(9A)) and public finance considerations, and decisions to resume recovery are appealable and to be assessed on individual merits.

    • Overpayment recovery
    • Discretion to recover debts
    • Legitimate expectation
    • Fetter on discretion
    • Appeal by way of case stated