1 Aug 2017
NIXON v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2017] NZHC 1807 [1 August 2017]
- Citation
- [2017] NZHC 1807
- Court
- High Court
Although the Work Capacity form's wording risks conflating open and sheltered employment and is deficient, Ministry decision‑makers are required to and do assess eligibility independently using statutory tests and internal Guidelines; therefore the identified flaw in the form does not, as a matter of ordinary practice, render Ministry decisions unlawful and the application for relief is declined.