New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Care of children act s133 reports

  • 14 May 2021

    FAMILY COURT v AA [2021] NZCA 189

    Citation
    [2021] NZCA 189
    Court
    Court of Appeal

    Despite an excessive delay of about two and a half years an extension of time to appeal was granted because the proposed appeal raises seriously arguable questions of public importance about whether s133 requires ascertaining a child's views before ordering a psychological report and because the appeal intersects with CA19/2021 such that the interests of justice require joint resolution; leave to intervene was granted to the Attorney‑General and NZLS on defined terms and timetable directions were given.

    • Care of children act s133 reports
    • Judicial review
    • Extension of time under r29a
    • Intervention by attorney-general and nz law society
    • Appointment of lawyer for child

  • 24 Aug 2018

    SJH v Family Court at Waitakere [2018] NZHC 2186

    Citation
    [2018] NZHC 2186
    Court
    High Court

    Judge Whitehead committed a reviewable procedural error by making substantive orders at a directions conference without the applicant or his counsel being present and without properly considering the applicant's filed materials; natural justice required the applicant be given an opportunity to be heard and the matter is therefore to be referred back to the Family Court for an urgent short cause hearing on interim contact.

    • Discharge of interim parenting order
    • Procedural fairness and natural justice
    • Family court rules directions conference
    • Care of children act s133 reports