8 Apr 2013
CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT V HOLMES HC DUN CIV-2012-412-000741
- Citation
- openlaw-f29b4cd2_f782_4718_becb_7b8db422094a.pdf
- Court
- High Court
The Court held that WINZ's 27 August 2010 reply was a mistaken but positive response based on a reasonable contextual interpretation and did not constitute a s40 refusal or breach of s38; the 4 October 2010 request was a late-answered breach admitted by WINZ and so liability for interference stands but the Tribunal's finding of sustained and systemic failure and its nationwide review order exceeded s85(1) remedial powers and was quashed; the damages award was excessive and reduced to NZD 2,000 for injury to feelings in respect of the 4 October request, and the NZD 10,000 award for the 22 Augu…