29 Nov 2013
GREENFIELD v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2013] NZHC 3157
- Citation
- [2013] NZHC 3157
- Court
- High Court
The Authority erred in law by treating s10 as confined to the s8(b)/(c) presence calculations and by over‑relying on the duration of absences; ordinary residence must be assessed at the time of application and includes consideration of intention to return so that extended absences for missionary work can be temporary for ordinary residence purposes; applying this test the Authority misapplied the law to Mrs Greenfield.