Ministry of Justice

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.

Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in s 188 of the Social Security Act 2018 requires an entitlement to receive and excludes circumstances where the recipient cannot receive their entitlement due to reasons outside their control. Outcome: appeal allowed.

Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in section 188 of the Social Security Act 2018 excludes circumstances where a person is unable to receive their entitlement due to reasons well beyond their control as was the case with the appellant. Outcome: appeal allowed.

Superannuation – appeal against decision around against appellant’s entitlement to New Zealand superannuation. Issue was whether appellant was a resident of New Zealand before 2 September 2013.  No error made by Ministry of Social Development in determining appellant was first resident in New Zealand from 2 September 2013. Outcome: appeal dismissed.

Superannuation Eligibility timeframes - appeal against decision of Chief Executive confirmed or varied by Benefits Review Committee. Appellant entitled to NZ superannuation. Authority entitled to rely on Appellant’s evidence. Outcome: appeal allowed.

Appeal against declined application for home help domestic emergency support. Outcome: appeal dismissed.

Childcare subsidy - appeal against a decision of the Ministry declining to pay childcare subsidies during specified time period. Appellant correctly using entitlement for its purpose. Outcome: appeal allowed.

Holiday Pay – appeal against a decision by the Benefits Review Committee regarding appellant’s stand down period. Whether the Ministry’s approach was correct in law. The decision is legally correct. The provisions relating to “holiday pay” are clear and apply to this case. Deciding where the thresholds are set for stand down periods is a matter that must lie with the persons responsible for formulating the legislation. Outcome: appeal dismissed.

Replacement decision on costs relating to a New Zealand Superannuation decision. Outcome: costs award amount corrected.

Special Needs Grant - appeal against decision to decline an application for a special needs grant on a non-recoverable basis. Application made to purchase a security camera. Appellant’s circumstances, including mental health risks and financial stress, require the grant to be non-recoverable. Outcome: appeal allowed.

Accommodation Supplement, Temporary Additional Support – appeal against a decision of the Benefits Review Committee. Whether appellant provided all information required for his entitlement, if so, whether he was entitled to assistance. Authority not satisfied appellant has provided sufficient evidence for accommodation costs to be assessed. Outcome: appeal dismissed.

Overpayment – appeal against decision to recover overpayment of Domestic Purposes Benefit, Sole Parent Support, Accommodation Supplement, and Temporary Additional Support due to having assets and/or income over the allowable limits at the relevant time. Received benefits and supplementary assistance at rates above her entitlement. Outcome: appeal dismissed.