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.