Y V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT & Anor HC AK CIV-2012-404-003162

Y V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT & Anor HC AK CIV-2012-404-003162

The High Court held that the Family Group Conference had, in substance and within time, considered matters equivalent to s14(1)(a) despite the FGC record referring to s14(1)(b), that s72(1) was therefore satisfied, that a s67 declaration is a final determination and appealable under s341(1)(c), and that on the merits the Family Court was correct to declare the child in need of care or protection under s14(1)(a) and to make a s101 interim custody order in favour of the Ministry of Social Development; the appeal was dismissed.

Citation
openlaw-fff4519b_3810_4619_8e03_e4fa603b96d5.pdf
Parties
Appellant: Y; First Respondent: Chief Executive of the Ministry of Social Development; Second Respondent: Y
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 October 2012
Procedural Posture
Appeal Under S 341 of the Child, Young Persons and Their Families Act 1989 / High Court Rehearing on the Record Following Family Court Decision; Hearing 25 Sep 2012; Reserved Judgment 23 Oct 2012
Outcome
Appeal dismissed; Family Court decision upheld
Legal Topics
Declaration Under S67, Definition of Need for Care or Protection S14(1)(a), Family Group Conference Requirements S70/s72/s29, Right of Appeal S341(1)(c), Interim Custody S101, Privilege of FGC Proceedings S37
Family Law Child Protection Administrative Law Appellate Procedure Declaration Under S67 Definition of Need for Care or Protection S14(1)(a) Family Group Conference Requirements S70/s72/s29 Right of Appeal S341(1)(c) +2 more

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Parties

Y

Appellant

Chief Executive of the Ministry of Social Development

First Respondent

Y

Second Respondent

Procedural Posture

Appeal Under S 341 of the Child, Young Persons and Their Families Act 1989 / High Court Rehearing on the Record Following Family Court Decision; Hearing 25 Sep 2012; Reserved Judgment 23 Oct 2012

Legal Issues

  1. 1 Whether the Family Court had power to make a s14(1)(a) declaration given the FGC record referred to s14(1)(b)
  2. 2 Whether a declaration under s67 is appealable to the High Court under s341
  3. 3 Whether the Family Court was correct on the merits to declare the child in need of care or protection and to make an interim s101 custody order in favour of MSD

Ratio Decidendi

The High Court held that the Family Group Conference had, in substance and within time, considered matters equivalent to s14(1)(a) despite the FGC record referring to s14(1)(b), that s72(1) was therefore satisfied, that a s67 declaration is a final determination and appealable under s341(1)(c), and that on the merits the Family Court was correct to declare the child in need of care or protection under s14(1)(a) and to make a s101 interim custody order in favour of the Ministry of Social Development; the appeal was dismissed.

Court Disposition

Appeal dismissed; Family Court decision upheld

Orders

  • Appeal dismissed
  • Declaration under s14(1)(a) of the Children, Young Persons and Their Families Act 1989 upheld