9 Jul 2014
MORGAN v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2014] NZHC 1610
- Citation
- [2014] NZHC 1610
- Court
- High Court
The Court held that s 74(1)(d) requires the deprivation of property to be a deciding factor that 'results' in qualification for the benefit — ie the deprivation must have created an entitlement that would not otherwise exist — and that the statutory interpretation issue whether that enquiry is applied generally or to the specific property for which TAA is sought is a question of law with an arguable prospect of success and sufficient public importance to warrant leave to appeal to the Court of Appeal on that point.