Chief Executive of the Ministry of Social Development v Broadbent

[2017] NZCA 474

IN THE COURT OF APPEAL OF NEW ZEALAND

CA423/2017
[2017] NZCA 474

BETWEEN	THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Applicant
AND	GWYNETH BROADBENT Respondent

Hearing:	16 October 2017
Court:	Kós P, Harrison and Gilbert JJ
Counsel:	J K Gorman and O J G Upperton for Applicant S G Broadbent, attorney for Respondent
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)

1. 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.  

2. 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

1. 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.

2. 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.  

3. No order for costs is made.

Solicitors:
Crown Law Office, Wellington for Applicant