New Zealand Case Law

1 Sept 2017

SHAW v BANKS [2017] NZHC 2125

Citation

[2017] NZHC 2125

Court

High Court

On the balance of probabilities the evidence established that defendant had a sexual relationship with the mother at relevant time, later resumed contact when the child was young, made acknowledgements consistent with paternity, third‑party evidence and photographs supported likeness, and defendant's refusal to undergo DNA testing permitted an adverse inference; accordingly court declared defendant to be the father.

• Declaration of paternity
• Dna/parentage testing
• Standard of proof
• Admissibility of prior statements
• Adverse inference from refusal to test
• Costs