| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA423/2017 [2017] NZCA 474 |
| BETWEEN | THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT |
| AND | GWYNETH BROADBENT |
| Hearing: | 16 October 2017 |
Court: | Kós P, Harrison and Gilbert JJ |
Counsel: | J K Gorman and O J G Upperton for Applicant |
Judgment: | 19 October 2017 at 4.00 pm |
JUDGMENT OF THE COURT
A Leave to appeal against the decision of the High Court in Broadbent v Chief Executive of the Ministry of Social Development [2017] NZHC 1499 is granted.
B The approved question on which leave is granted is whether the Chief Executive can include any income capable of being derived from gifted assets valued below the permitted threshold in a person’s means assessment under ss 147 and 147A of the Social Security Act 1964.
CNo order for costs is made.
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REASONS OF THE COURT
(Given by Kós P)
The approved question involves a matter of general or public importance, affecting means assessments for some 200 applicants annually for a residential care subsidy and the level of subsidy of an estimated almost 572 residential care residents at any one time.
Ms Wendy Aldred, barrister of Wellington, is appointed counsel to assist the Court, to act as contradictor to the Crown contentions on appeal and to ensure that all relevant arguments are before the Court. Counsel assisting is to confer with Mr Broadbent, the respondent’s attorney. Counsel assisting’s costs are to be paid out of public funds appropriated by Parliament for that purpose through the Ministry of Justice, upon standard terms to be settled with the Registrar.
Result
Leave to appeal against the decision of the High Court in Broadbent v Chief Executive of the Ministry of Social Development is granted.[1]
[1]Broadbent v Chief Executive of the Ministry of Social Development [2017] NZHC 1499, [2017] NZAR 1127.
The approved question on which leave is granted is whether the Chief Executive can include any income capable of being derived from gifted assets valued below the permitted threshold in a person’s means assessment under ss 147 and 147A of the Social Security Act 1964.
No order for costs is made.
Solicitors:
Crown Law Office, Wellington for Applicant
- AGLC
- Chief Executive of the Ministry of Social Development v Broadbent [2017] NZCA 474
- Case
- [2017] NZCA 474
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the Chief Executive of the Ministry of Social Development could include any income potentially derived from gifted assets that were valued below the permitted threshold in a person's means assessment under sections 147 and 147A of the Social Security Act 1964. This question was deemed to be of significant public importance, affecting the means assessments of approximately 200 applicants annually for residential care subsidies and the subsidy levels of nearly 572 residential care residents at any given time.
The Court of Appeal, granting leave to appeal, accepted the matter as one of general or public importance. The Court appointed Wendy Aldred as counsel to assist, ensuring that all relevant arguments were considered. Counsel assisting was to confer with the respondent's attorney, and their costs were to be paid from public funds. The Court ultimately granted leave to appeal, leaving the determination of the substantive issue to the merits hearing.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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