16 May 2016
CAMPBELL v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 975
- Citation
- [2016] NZHC 975
- Court
- High Court
The High Court held the Authority did not err: it was open to the Authority to order recovery of the full overpayment from the appellant because she was the person who wrongly claimed the benefit, there was insufficient evidence that violence excused repayment, the parties had agreed an indemnity in their relationship property settlement which made recovery from the partner legally and practically irrelevant to the Authority's exercise of discretion, and the Authority properly considered the appellant's financial capacity; accordingly the appeal was dismissed.