New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory review and appeal scheme
  • 19 Feb 2018

    RANSFIELD v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2018] NZHC 434

    Citation
    [2018] NZHC 434
    Court
    High Court

    The statement of claim did not disclose any reasonably arguable cause of action: no actionable duty of care arose from issuing or renewing Trespass Act notices; misfeasance in public office was not pleaded with necessary allegations of dishonesty/bad faith; claims for consequential losses from delayed benefit payment are inconsistent with the statutory review and appeal scheme under the Social Security Act; accordingly the claim was struck out and the proceeding dismissed.

    • Trespass act notices
    • Misfeasance in public office
    • Negligence and duty of care
    • Consequential loss from benefit non-payment
    • Statutory review and appeal scheme
    • Strike-out test