This report is the investigative review of the implementation of the Court of Appeal Decision of Ruka v Department of Social Welfare [1997] 1 NZLR 154. The author examines the investigation and establishment of overpayments made to individuals who were living in a marriage-type-relationship at the time of receiving benefits between November 1996 and December 2000. The author explores the usage of incorrect legal testing, Violence to Women investigations, and decision-making checks and balance weaknesses within the Department of Social Welfare (DSW). The report's principal recommendation is that all DSW decisions taken to establish overpayments against beneficiaries on the grounds that they were living in a marriage-type-relationship, between November 1996 and December 2000, be reviewed to ensure the evidence satisfied the Ruka legal test, with the exceptions of cases that went to the Social Security Appeal Authority or where the beneficiary was prosecuted for benefit fraud. The report recommends the need to refocus towards a dual emphasis in benefit crime initiatives between detection and prevention of benefit crime, and to ensure that all New Zealanders in receipt of social security are treated with dignity, respect and equality with other citizens. It recommends domestic violence education for DSW staff, as well as public education relating to benefit fraud prevention. It outlines the need for the development of DSW relationships with the community. Additional policy and legislative changes are recommended in terms of: the disestablishment of monetary target incentives for DSW investigators; the urgent clarification in legislation, reassessment and rectification of cases where non allowance of 'notional entitlement' has increased unintentional fraud debt unnecessarily; and development of a debt burden policy to beneficiaries.

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