30 Jul 2008
RANKIN V THE SECRETARY OF WAR PENSIONS HC WN CIV-2008-485-382
- Citation
- openlaw-5eefb331_ee37_4953_b69a_f8f9070beffd.pdf
- Court
- High Court
The Authority did not err in law: for s74P a person must have actually resided in New Zealand to count that time; Western Samoa was not part of New Zealand between 1950 and 1962 under the relevant statutory and historical framework; there was ample evidence to support the Authority's factual finding that the appellant had not been resident in New Zealand for 20 years since age 20, therefore the pension calculation under s74P(1)(b) was correct and the appeal is dismissed.