MinistryofSocialDevelopmentresponsetotheJoychildreport.doc

Ministry of Social Development response to the Joychild report regarding the implementation of the Ruka decision Purpose Background Detailed Response to the Reports Recommendations Purpose 1. This report provides you with advice and preliminary comment on each of the recommendations of the Frances Joychild Report (Joychild Report). We agree, in part or in whole, with the majority of the reports recommendations and outline here the actions already taken, or to be taken to implement them. Where we disagree with a recommendation we have suggested an alternative where possible, and where not, we have outlined our rationale for disagreeing. Background 2. Auckland Barrister Frances Joychild was commissioned to consider and report on the implementation of the Ruka decision following commentary which suggested that our application of policy relating to relationships in the nature of marriage was inconsistent with the Court of Appeals judgement in Ruka v DSW. 3. Ms Joychild has an extensive background in this area having represented the Auckland Womens Lawyers Association before the Court of Appeal when the Ruka case was being heard. In addition, to assist with the preparation of her report, we provided Ms Joychild with access to all relevant material and met with her on a number occasions to provide additional information and discuss issues. 4. We were pleased to note that the Joychild report concludes, amongst other things, that we are currently applying the correct legal test in documentation and investigations in relation to de facto relationships. The report also concludes that staff carrying out benefit control work have done so in good faith. Ministry Policy on Relationships in the Nature of Marriage5. Determining whether or not a relationship in the nature of marriage exists is one of the most complex assessments our staff are required to make. It requires an assessment to be made of all of a clients circumstances as well as those of his or her partner. The Joych