30 Mar 2009
BREDMEYER V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 14/2009
- Citation
- SC 14/2009
- Court
- Supreme Court
The Court held that Article 9(3) must be read in its plain and ordinary meaning so that the cap on New Zealand Superannuation is the amount of Australian age pension that would in fact be payable; the applicant's suggested construction requiring an assumed entitlement despite means-testing is a strained interpretation, contrary to the statutory scheme and prior authority and therefore untenable.