New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hague convention 1980

Legal area

Court

10 Feb 2023

MCDONALD v PARISH [2023] NZCA 8

Citation

[2023] NZCA 8
Court

Court of Appeal

Leave to appeal was declined because the High Court's conclusions were based on intensive, fact-specific findings supported by evidence; no material error of law or principle was identified that could realistically lead to a different outcome; the issues raised do not involve questions of wider legal significance sufficient to outweigh the delay and prejudice to the children from further appeal.
12 Feb 2016

ASM v DPM [2016] NZHC 137

Citation

[2016] NZHC 137
Court

High Court

Father failed to prove a 'grave risk' under s106(1)(c) because Bulgarian authorities and social services offered protective mechanisms and available reports undermined the claim; pending refugee claims do not automatically bar return under s106(1)(e) because Immigration Act s164 protects against deportation under that Act only; on the evidence the human rights/refoulement exception was not made out and the High Court must dismiss the appeal and order prompt return.