Dawn Lorraine Greenfield v Chief Executive of the Ministry of Social Development - SC 10/2015

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Summary

Civil Appeal – New Zealand Superannuation and Retirement Income Act 2001 – Whether the Court of Appeal erred in finding that significant physical presence in New Zealand is required for an applicant to be ‘ ordinarily resident in New Zealand’ within the meaning of the Act – Whether the Court of Appeal erred in its treatment of the applicant’ s intention to resume living in New Zealand.[2014] NZCA 611    CA 351/2014

Result

The application for leave to appeal is granted (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611). The approved ground is whether the Court of Appeal correctly interpreted the phrase “ordinarily resident in New Zealand” in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001.
11 May 2015
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Appeal dismissed. No order as to costs.
24September 2015
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Application for recall dismissed.
27 October 2015

Hearing Transcripts

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