New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Relative fault

Legal area

Court

20 Feb 2007

OWENS V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 89/2006

Citation

SC 89/2006
Court

Supreme Court

Section 86(9A) must be interpreted to allow the chief executive to consider broadly all circumstances bearing on fairness, including financial circumstances and relative fault; factors relevant to inequity need not be connected to the claimant's alteration of position, and the decision to recover the debt was lawful.
30 Oct 2006

PATRICIA LINDA OWENS V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA131/05

Citation

openlaw-84b40585_15bf_4587_a775_450a6386db5c.pdf
Court

Court of Appeal

The Court held that under s86(9A) the chief executive may consider relative fault and the increased equity of the beneficiary's property when deciding whether it would be inequitable to require repayment of an overpayment; accordingly the appeals are dismissed.