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Ankers v Attorney-General - [1995] 2 NZLR 595

$30.00

High Court Wellington
13, 14, 15, 16; 23 February 1995
Thorp J
Judicial review — Ministerial decision — Minister of Social Welfare issuing directions to Director-General as to grant of special benefits — Whether directions in excess of Minister's power — Whether Minister entitled to fetter Director-General's discretion — Whether directions bad for ambiguity — Whether Minister failing to take into account International Covenant on Economic, Social and Cultural Rights — Whether directions unreasonable — Social Security Act 1964, ss 5(2) and 61G.
Judicial review — Unreasonableness — Department of Social Welfare requiring "very exceptional" rather than "special" or "exceptional" circumstances as required by directions of Minister of Social Welfare — Effect of misinterpreting ministerial directions for grant of special benefits — Whether department acting unreasonably — Social Security Act 1964, ss 5(2) and 61G.
Judicial review — Natural justice — Department of Social Security not informing special benefit applicants of grounds for granting applications — Whether breach of natural justice — Social Security Act 1964, ss 5(2) and 61G — New Zealand Bill of Rights Act 1990, s 27.

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