Pension fight taken to Supreme Court

A Christian missionary overseas for 19 years has taken her fight to collect a New Zealand pension while abroad to the country's highest court.

If she is successful, the case could open the door to some over-65s working overseas to claim superannuation.

Dawn Greenfield, who is based in Cambodia with her husband after spending a long time in Singapore, wasn't granted a pension by the Ministry of Social Development.

Her legal battle began with a loss at a tribunal appeal of that decision, a win in the High Court and another loss in the Court of Appeal.

Her battle continued in the Supreme Court in Wellington today.

Mrs Greenfield's lawyer Peter McKenzie, QC, said the ministry argued it would grant the pension to people with a "close and clear" connection to New Zealand.

Mr McKenzie agreed with that but said Mrs Greenfield had such a connection and hadn't established permanent links abroad. There was "no doubt" she would be immediately granted super if she returned here to retire.

"When all the facts are looked at, the close connection and family connections the Greenfields have are with New Zealand."

The ministry had also said to claim a pension, someone could only be away temporarily.

"Mrs Greenfield's absence is temporary in that it will end on completion of missionary work. Temporary, it's submitted, can be of a short or long duration."

Mrs Greenfield didn't have a precise return date, Mr McKenzie said.

"The [ministry] wrongfully used 19 years' absence from New Zealand as evidence that she does not live in New Zealand."

Mr McKenzie said the law contained special provision for people doing missionary work, but the ministry's lawyer Ken Stephen said although a missionary didn't have to be present in New Zealand, they still had to be an "ordinary resident" to claim super.

If someone was itinerant for a long time and travelling around the world they could argue New Zealand was their placed of residence, but Mrs Greenfield was based in the same country, Singapore, for many years, Mr Stephen said.

"I say… that can't be a temporary absence."

Mrs Greenfield herself had said was in Singapore on a "permanent" basis when she applied for the pension three years ago although she considered New Zealand home.

The five Supreme Court judges reserved their decision.

- By Jimmy Ellingham of NZME News Service