Nicola Bronwyn Hayes v The Queen is a decision of the Supreme Court of New Zealand issued on 15 February 2008.

The court further considered whether a belief one was acting honestly needed to be objectively reasonable for the purposes of these sections.

From 2001 onwards, when her partner was himself the victim of a car accident, the role included active physical work.

In the High Court, confirmed on appeal, it was found that at every relevant time Hayes made a declaration she was still medically entitled to weekly compensation, she acted contrary to ss 229A (since repealed, but in force at the time for some of the relevant counts) or 228 of the Crimes Act 1961, in that she used a document with the intent to gain a pecuniary advantage.

This created problems in cases like this as under this construction it was arguable that the risk of losing a benefit was not the same obtaining an advantage.

Tipping J preferred the following construction of pecuniary advantage "...simply anything that enhances the accused's financial position".

Hayes failed in her appeal on the first point but the direction on the reasonableness of the belief had resulted in a real danger there had been a miscarriage of justice.