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[2016] NZSSAA 092 Reference No. SSA 036/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member HEARING at WELLINGTON on 19 October 2016 APPEARANCES The appellant in person E Kirkman for Chief Executive of the Ministry of Social Development...
...Zealand Superannuation was declined. [6] The appellant sought a review of decision. The matter was reviewed internally and by a Benefits Review committee. The Benefits Review committee upheld the decision of the Chief Executive. The appellant appealed to the Authority. Legislation Relevant to this Appeal [7] Section 70 of the Social Security Act 1964 provides for benefits, pensions and periodical allowances received from overseas to be deducted from entitlement to New Zea...
...subject to the supervision (the provisional licence holder) only held a provisional licence, so supervision was mandatory under the Act. [3] The issue arose as the complainants say they gave instructions to the provisional licence holder to lodge an appeal against Immigration New Zealand’s decision to decline a residence visa, and paid her for that work. However, she did not lodge the appeal. [4] The adviser does not dispute that the complainants may have grounds for complaint, but sa...
[2017] NZSSAA 058 Reference No. SSA 50/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of X against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr K Williams - Member Mr C Joe - Member Hearing at WELLINGTON on 4 September 2017 Appearances The Appellant: His mother Ms XXXX For Chief Executive of the Ministry of Social Development:...
...of execution are well known. In determining whether or not to grant a stay, the Court must weigh the factors in the balance between the successful litigant’s rights to the fruits of a judgment and the need to preserve the position in case the appeal is successful. Relevant factors include whether the appeal would be rendered nugatory, if the stay were not granted, the bona fides of the applicant as to the prosecution of the appeal, the effect on any third parties, injury or detr...
...pardoned or convictions quashed The Cabinet guidelines require claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for advice. T...
IN THE DISTRICT COURT AT CHRISTCHURCH I TE KŌTI-Ā-ROHE KI OTAUTAHI [2021] NZACC 8 ACR 54/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN IVAN STRYDER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 6 October 2020 Heard at: Christchurch/Ōtautahi Appearances: Mr Stryder in person Mr I Hunt for the respondent Judgment: 12 January 2021 __________________________________________...
...subsequently pardoned or convictions quashed The Cabinet guidelines require claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for...
...Court’s guideline scale costs and, therefore, falls to be determined by reference to the principles in Victoria University of Wellington v Alton-Lee, Binnie v Pacific Health Ltd and Health Waikato Ltd v Elmsly. 3 [7] In Alton-Lee, the Court of Appeal said: 4 … there are general principles as to costs and it is well established that decisions as to costs must be in accordance with those principles. [8] Later, the Court of Appeal observed: 5...
...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...