Crequer v Chief Executive of the Ministry of Social Development

The case of Crequer v Chief Executive of the Ministry of Social Development [2015] NZHC 1602 involved an appeal by David Crequer against the Social Security Appeal Authority (SSAA) regarding the commencement date of his benefit entitlement and the decision to grant him a Domestic Purposes Benefit instead of a Sickness Benefit. The case was stated by the SSAA, which formulated two questions of law for the High Court to determine. Crequer objected to the case as stated, arguing that it should be submitted as he originally drafted it, subject only to correction of errors of fact. The central legal issue before the Court was whether Crequer had any basis for challenging the contents of the case stated by the SSAA. The Court found that the case stated procedure is a judicial act, and it is for the SSAA to settle a case. The chairman of the SSAA has the ultimate responsibility to ensure that the case stated complies with legal requirements. The Court held that the SSAA is not confined to correcting factual errors in settling the case stated and that the High Court Rules cannot override the express provisions of the Social Security Act. The Court dismissed Crequer's challenge to the contents of the case stated, finding that the SSAA appropriately settled the case. The substantive questions for determination were not traversed in this judgment.