22 Sept 2015
CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT v MORGAN [2015] NZCA 453 [22 September 2015]
- Citation
- [2015] NZCA 453
- Court
- Court of Appeal
The High Court erred by applying hypothetical ownership scenarios and treating ownership as determinative; the correct approach is a factual but‑for causation test applied to the actual deprivation – on the facts the Morgans' deprivation (holding the Newcastle Street property in a trust) resulted in them qualifying for TAA — therefore the Authority had jurisdiction under s 74(1)(d); the High Court decision was quashed.