Arbuthnot v Chief Executive of the Department of Work and Income - [2008] 1 NZLR 13

Administrative law — Tribunals and boards — Whether Benefits Review Committee acting judicially — Whether distinction between “decisions” and “determinations” — Social Security Act 1964, ss 10A, 12J and 12M.

Practice and procedure — Appeals — Whether appeal against decision or reasons for it — Whether appeals by successful party permitted — Whether and when respondent could seek to uphold decision below on other grounds — When cross-appeal required — Supreme Court Rules 2004 (SR  2004/199), r 20.

Practice and procedure — Res judicata — Decision by committee against which one party had no right of appeal — Whether party bound by issue estoppel in responding to appeal by other party — Proceedings to which issue estoppel applied — Whether Benefits Review Committee acting judicially — Issue estoppel when no right of appeal.

Social security, pensions and superannuation — Social security benefits — Review of benefits by Chief Executive — When discretion to be exercised — Whether Benefits Review Committee acting judicially — Whether distinction between “decisions” and “determinations” — Social Security Act 1964, ss 10A, 12J and 12M.