Patricia Linda Owens v The Chief Executive of the Ministry of Social Development - SC 89/2006

Summary Civil – applicant in receipt of benefits paid by Work and Income – failure to declare interest in a flat which was rented out – applicant did not deliberately mislead WINZ – whether inequitable for WINZ to seek repayment of accommodation supplement – whether relative fault can be taken into account for the purposes of s 86(9A) Social Security Act 1964 – whether principles from common law change of position defence apply to s 86(9A).CA 131/05, CA 132/05 30 October 2006