1 Sept 2008
COWLEY V MINISTRY OF SOCIAL DEVELOPMENT HC WN CIV-2008-485-381
- Citation
- openlaw-461a9b9e_0499_4628_88e1_f6d5130bdaa6.pdf
- Court
- High Court
The Authority did not err in law: its reference to 'highly unusual circumstances' was descriptive of the exceptional outcome of a case-by-case inquiry rather than a legal test or unlawful fetter; the discretion not to recover is residual, informed by the Act (including s 86(9A)) and public finance considerations, and decisions to resume recovery are appealable and to be assessed on individual merits.