New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Care of children act 2004 s6
  • 18 Oct 2006

    HC V PS CA CA115/06

    Citation
    openlaw-7b725948_89bc_46c5_abd7_0c49f0311795.pdf
    Court
    Court of Appeal

    Leave to appeal was dismissed. A failure to comply with s6 does not automatically render the Family Court judgment void nor mandate a rehearing; the appellate court must assess materiality and the child's best interests and may decline to order a rehearing if the breach would not have affected the outcome or a rehearing would harm the child.

    • Care of children act 2004 s6
    • Child's views and participation
    • Rehearing remedy
    • Materiality of procedural breaches