LOWE v CHIEF EXECUTIVE, MINISTRY FOR VULNERABLE CHILDREN [2017] NZHC 2564

LOWE v CHIEF EXECUTIVE, MINISTRY FOR VULNERABLE CHILDREN [2017] NZHC 2564

Partial stay granted limited to prohibiting uplift from mother's care and interviews during school hours because there was no present risk of substantive change to the child's living arrangements before the appeal, the orders were primarily to facilitate inquiry into the child's welfare, and a full stay would risk derailing that inquiry and not serve the child's best interests; the remainder of the stay application was dismissed.

Citation
[2017] NZHC 2564
Parties
Applicant: Lowe; First Respondent: Chief Executive of the Ministry for Vulnerable Children; Second Respondent: Way; Subject Child: J (child)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 October 2017
Procedural Posture
Appeal From the Family Court and Appeal Under Part 20 of the High Court Rules / Application for Stay Pending Appeal; Interlocutory Hearing
Outcome
Partial stay granted; application otherwise dismissed; appeal set down then later reallocated
Legal Topics
Stay of Orders, Best Interests of the Child, Guardianship Under Care of Children Act 2004, Procedural Fairness and Natural Justice, Appeal Jurisdiction
Family Law Child Welfare Guardianship Administrative Law Stay of Orders Best Interests of the Child Guardianship Under Care of Children Act 2004 Procedural Fairness and Natural Justice +1 more

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Parties

Lowe

Applicant

Chief Executive of the Ministry for Vulnerable Children

First Respondent

Way

Second Respondent

J (child)

Subject Child

Procedural Posture

Appeal From the Family Court and Appeal Under Part 20 of the High Court Rules / Application for Stay Pending Appeal; Interlocutory Hearing

Legal Issues

  1. 1 Whether to grant a stay of Family Court guardianship orders pending appeal
  2. 2 Whether a stay would be in the welfare and best interests of the child
  3. 3 Whether refusal of a stay would render the appeal nugatory

Ratio Decidendi

Partial stay granted limited to prohibiting uplift from mother's care and interviews during school hours because there was no present risk of substantive change to the child's living arrangements before the appeal, the orders were primarily to facilitate inquiry into the child's welfare, and a full stay would risk derailing that inquiry and not serve the child's best interests; the remainder of the stay application was dismissed.

Court Disposition

Partial stay granted; application otherwise dismissed; appeal set down then later reallocated

Orders

  • Appeal initially set down for a half day hearing commencing 10.00 am on Tuesday 24 October 2017 (later vacated and reallocated to 9 November 2017)
  • Partial stay prohibiting the Chief Executive and her agents from uplifting J from his mother's care pending the hearing of the appeal