A v G [2019] NZHC 2404

A v G [2019] NZHC 2404

Appellant's unqualified consent to the Final Protection Order operated to negate his continued denial and constituted acceptance of the allegations for purposes of confirming the s51D direction; discharging the direction on the basis of his denial would effectively invalidate the Final Protection Order and the proper avenue to challenge that is appeal of the order itself; appellant failed to demonstrate error in the Family Court's exercise of discretion.

Citation
[2019] NZFLR 195
Parties
Appellant: A; Respondent: G
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 September 2019
Procedural Posture
High Court Appeal From Family Court Under Domestic Violence Act 1995 / Final Judgment on Appeal Confirming Family Court Direction
Outcome
Appeal dismissed
Legal Topics
Protection Orders, Non Violence Programme Direction (s51 D), Consent to Orders, Appeal Review of Discretionary Decision
Family Law Domestic Violence Law Civil Procedure Protection Orders Non Violence Programme Direction (s51 D) Consent to Orders Appeal Review of Discretionary Decision

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant

G

Respondent

Procedural Posture

High Court Appeal From Family Court Under Domestic Violence Act 1995 / Final Judgment on Appeal Confirming Family Court Direction

Legal Issues

  1. 1 Whether consent to a final protection order constitutes acceptance of the allegations for purposes of confirming a s51D direction
  2. 2 Whether the Family Court erred in dismissing the objection to attend a non-violence programme based on that consent
  3. 3 Whether an objection to a s51D direction should be treated as an indirect appeal of the validity of the protection order

Ratio Decidendi

Appellant's unqualified consent to the Final Protection Order operated to negate his continued denial and constituted acceptance of the allegations for purposes of confirming the s51D direction; discharging the direction on the basis of his denial would effectively invalidate the Final Protection Order and the proper avenue to challenge that is appeal of the order itself; appellant failed to demonstrate error in the Family Court's exercise of discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Family Court direction to undertake assessment and attend a non-violence programme confirmed