Section 405 — Social Security Act 2018: Right of appeal using case stated on question of law only

405 Right of appeal using case stated on question of law only A party to a proceeding before the authority may appeal to the High Court, by way of a case stated by the authority for the court’s opinion on a question of law only, against a determination— (a) made by the authority in the proceeding; and (b) that the party considers involves an error of law. Examples An error of law that is a mistake about the meaning or application of a provision of this Act (for example, departing from the Act’s plain words by reasoning using not facts but hypothetical examples, as in Chief Executive of Ministry for Social Development v Morgan [2015] NZCA 453 at [25]). An error of law that (in accordance with Bryson v Three Foot Six Ltd [2005] 3 NZLR 721 (SCNZ), paras [24]–[26]) is a determination that— (a) there is no evidence to support; or (b) is inconsistent with, and contradictory of, the evidence; or (c) contradicts the only true and reasonable conclusion of fact available on the evidence. Compare: 1964 No 136 s 12Q(1)