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High Court Rules In Favour Of Crown In Test Case

15 June 19991

Media release

High Court rules in favour of Crown in important test case

The High Court has dismissed the case of a Nelson student seeking a review of the decision which refused him a community wage during the Christmas holidays and an order declaring that a direction of the Minister under the Social Security Act 1964 was invalid.

The challenge was seen as a test case between Cameron Tyler a Nelson Polytechnic student and the Attorney General as first defendant and the Minister of Social Services, Work and Income, Roger Sowry, as second defendant.

Tyler sought to overturn the Minister's directive relating to student applicants for the community wage, together with the decision to refuse the plaintiff a community wage.

The Minister has welcomed the judgement from Justice Gallen saying in essence it confirms the legal standing of the Ministerial directive and rejects any arguments of discrimination in the legislation in respect of students applying for the community wage.

Justice Gallen concludes his 22 page judgement with, "in spite of the persuasive arguments of the plaintiff's counsel, I do not consider this application can succeed and it must be dismissed."


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