Ministry of Justice

Superannuation - Appeal of decision by Ministry to recover overpayment from Appellant. Whether overpayment of New Zealand superannuation by Ministry was recoverable from recipient because of error by Australian superannuation scheme. Appellant entitled to superannuation in Australia and New Zealand. Overpayment of New Zealand superannuation due to Ministry calculating entitlements based on technical error in information from Australian superannuation scheme. No fault for issue attributable to Appellant or Ministry. Exception to Ministry's recovery obligation only applied if Ministry at fault. Debt accrued was recoverable and Ministry obliged to recover it. Outcome: appeal dismissed.

Superannuation - costs order following resolution of appeal against Benefit Review Committee upholding decision of Ministry to decline portability payments of Appellant's superannuation. Appeal resolved after Ministry reversed decision under appeal and paid arrears to Appellant. Whether claimed costs were reasonable. Appellant entitled to recover costs of 19 hours 50 minutes for lawyer's work on appeal. Costs to be paid to Appellant's lawyer from Ministry directly. Outcome: appeal resolved, costs ordered to be paid.

Superannuation - Appeal concerning Appellant's eligibility for New Zealand Superannuation. Appellant was not an "ordinarily resident” in New Zealand at the time of his application. Appellant had long-standing connections to New Zealand over a 30-year period. No exceptions to the ordinary residence requirement based on considerations of the Appellant's personal circumstances. Outcome: appeal dismissed.

Advance benefit payments - Appeal against the Ministry's decision declining assistance to fix Appellant's vehicle. Vehicle had a history of needing repairs and would likely require ongoing expenditure. Granting the assistance would have resulted in a short-term resolution, and not a sustainable means of transport. Outcome: appeal dismissed.

Superannuation - appeal against a decision of the Benefits Review Committee to uphold Ministry of Social Development's decision to suspend Appellant's superannuation. Whether Appellant was ordinarily resident in New Zealand at time decision to suspend his superannuation was made. Appellant not ordinarily resident due to prolonged absences from New Zealand, United Kingdom residency, and stated intention to live in United Kingdom. Reciprocity Order with UK does not override requirement to be ordinarily resident. Outcome: appeal dismissed.

Superannuation - appeal against the Ministry's decision to decline Appellant's application for New Zealand Superannuation (NZS). Appellant did not meet the residential criteria to be eligible to receive NZS, as he had not been both resident and present in New Zealand for 10 years since the age of 20. Legislation did not provide any discretion to waive or exempt minimum residence and presence requirements in the circumstances. Outcome: appeal dismissed.

Accommodation Supplement - Application to appeal out of time against a Benefits Review Committee decision. Insufficient reasons given for delay in filing the appeal. Outcome: application dismissed.

Funeral Grant - appeal against the Ministry of Social Development's decision not to include the cost of kai (food) in a funeral grant.  Whether the cost of kai can be recognised as a “reasonable funeral expense” within the context of a funeral grant. The costs associated with kai in this appeal were an integral part of the tangihanga process and a reasonable funeral expense.  Accordingly, the Ministry’s decision to exclude the cost of kai from the funeral grant was incorrect.  Outcome: appeal allowed.

Supported Living Payment (SLP) - appeal against decision to decline continue payment of Appellant's SLP while he was absent from New Zealand. Section 219 of the Social Security Act 2018 provided that a benefit was not payable while a beneficiary was absent from New Zealand unless an exception applied. No applicable exceptions to allow for continued payment beyond 28-day absence from New Zealand. Decision to cease payment of the SLP upheld. Outcome: appeal dismissed.

Accident Compensation Corporation (ACC) – Appeal against Ministry of Social Development’s decision requiring the appellants to repay an accommodation supplement of $5,795.42 due to receiving a back payment of ACC weekly payments. The overpayment of $5,795.42 is correctly established and recoverable from the appellants. Outcome: appeal dismissed.

Accident Compensation Corporation (ACC) – Appeal against Ministry of Social Development’s decision requiring appellant to repay main benefit payments due to receiving ACC child weekly compensation. The Ministry correctly determined that main benefit payments should be recovered, and correctly determined the amount of recovery. Outcome: appeal dismissed.

Superannuation - Appeal against decision by Ministry to decline application for superannuation on basis Appellant not resident and present in New Zealand for 5 years since age of 50. Appellant had lived overseas and could not return to New Zealand due to COVID-19 restrictions. Appellant resident in Cambodia for 12 years with partner and child. Appellant made short trips back in that time. Intent to return to New Zealand alone insufficient to find Appellant was resident in New Zealand at relevant time. Law did not mandate ability to waive, exempt, or change residential requirements for superannuation. Ministry's decision was legally correct. Outcome: appeal dismissed.

Superannuation - Appeal against Ministry's decision to decline Appellant's application for superannuation for not meeting requirement for minimum time as resident and present in New Zealand. Appellant travelled overseas and could not return to New Zealand for almost 3 years due to medical issues and COVID-19 restrictions. Appellant considered time when he was unable to return to New Zealand should be taken into account. Appellant did not meet exceptions for when time absent from New Zealand. Ministry's decision was legally correct. Appeal dismissed.