New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of appeal authority

  • 14 Jun 2016

    THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT v BLACK & WHITE [2016] NZHC 1274

    Citation
    [2016] NZHC 1274
    Court
    High Court

    Section 82(3)(b)(ii) does not empower the chief executive to apportion part of a sole parent support benefit to another parent in a manner that effectively alters entitlement or rate determined under s70B; the Authority erred in law and acted beyond its jurisdiction in directing the chief executive to consider such apportionment; the matters are remitted to the Authority to finalise consistent with this opinion.

    • Benefit entitlement
    • Discretion to redirect payments
    • Sole parent support
    • Jurisdiction of appeal authority
    • Interpretation of ss70b and 82 of the social security act 1964

  • 1 Oct 2008

    W BOCXE V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV 2008-485-001122

    Citation
    openlaw-3e54e593_8f78_407c_b0f2_780d7acf3c7d.pdf
    Court
    High Court

    The Authority lacked jurisdiction under s 12J to hear an appeal against a Benefits Review Committee's decision refusing to extend time under s 10A(1B) because that decision is not a decision or determination of the Chief Executive confirmed or varied by the Committee and s 12J does not permit appeals from such procedural discretionary decisions.

    • Jurisdiction of appeal authority
    • Extension of time for review
    • Benefits review committee
    • Appeal rights under s 12j

  • 3 Nov 2005

    ACC V SIMPSON HC WN CIV-2005-485-717

    Citation
    openlaw-8b57e1e1_7633_45ab_9e81_493f83801bd3.pdf
    Court
    High Court

    Section 121(2)(b) of the Accident Compensation Act 1972 is a reimbursement provision that requires evidence of identifiable, actual and reasonable pecuniary expenses or losses actually incurred; compensation cannot be awarded on the basis of retrospective estimates of gratuitous care absent proof of monetary loss, and the Appeal Authority erred in awarding compensation on that basis.

    • Gratuitous attendant care
    • Compensation for pecuniary loss
    • Retrospective attendant care
    • Jurisdiction of appeal authority