New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Ministerial directive

Legal area

Court

9 Sept 2020

COROMANDEL WATCHDOG OF HAURAKI (INCORPORATED) v MINISTER OF FINANCE AND ASSOCIATE MINISTER OF FINANCE [2020] NZHC 2345

Citation

[2020] NZHC 2345
Court

High Court

The Act prescribes a closed list of criteria and factors for assessing benefit; Ministers did not err in law by excluding broad 'detrimental effects' as separate mandatory considerations because detriments are only relevant where they affect the counterfactual assessment of the statutorily enumerated factors; Ministerial directives cannot add new mandatory statutory factors; the consents and conditions were lawfully imposed and the application for judicial review is dismissed.
18 Aug 2006

ATANASOVSKI V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV 2006-404-002423

Citation

openlaw-dc75d792_66b1_4463_8a03_03c399b4cf7b.pdf
Court

High Court

The Authority's conclusion that the appellant did not establish exceptional circumstances was reasonable and not an error of law because the appellant's recurrent shortfall, financial mismanagement, and the lawful splitting of benefits between spouses did not amount to the rare "exceptional circumstances" required to justify payments beyond programme limits.