New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal standard/rehearing

  • 29 Nov 2019

    GF v EF [2019] NZHC 3140

    Citation
    [2019] NZHC 3140
    Court
    High Court

    Although the Family Court failed to obtain the child's specific views on relocation (breach of s 6), those views were subsequently obtained on appeal and, given the child's age, limited understanding and signs of coaching, they carried little weight and would not have affected the outcome; the High Court on rehearing reached the same conclusion as the Family Court that relocation to Whakatane was consistent with the child's welfare and did not materially impair contact, so the appeal is dismissed.

  • 23 Apr 2009

    BMT V LRB HC TAU CIV 2009-470-104

    Citation
    openlaw-2d7d1218_6580_4860_9934_604a025e427c.pdf
    Court
    High Court

    The High Court dismissed the appeal and upheld the Family Court's transfer of day-to-day care to the father because the mother's unilateral relocation without consultation infringed statutory obligations, materially disadvantaged the father's ability to maintain meaningful involvement, the father offered a more stable and resourced home with stronger extended family ties in Auckland, the judge properly weighed continuity, the children's views (including vulnerability of one child), and the Family Court's evaluative judgment about the children's best interests was not wrong.