New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Parenting/contact orders

  • 9 Oct 2017

    RMJ v BJG [Costs] [2017] NZHC 2470

    Citation
    [2017] NZHC 2470
    Court
    High Court

    The Court concluded that but-for the appellant's legal aid status it would have ordered costs against the appellant totalling $48,862.50 because the appeal and related interlocutories were unreasonably pursued and detrimental to the child's welfare; however s45 LSA prevents making an enforceable costs order absent exceptional circumstances and the appellant lacks means, so no enforceable costs were made and instead the Court specified the but-for amount under s45(5); decision on contribution to counsel for the child under s135A COCA was reserved for further submissions.

  • 20 Dec 2010

    JB V JB HC GIS CIV 2009-016-445

    Citation
    openlaw-17b1e2c7_af04_47b8_940b_9924a6d5b1e4.pdf
    Court
    High Court

    The Court has no jurisdiction at this stage to grant an extension of time because there was no appeal before the Court by or on behalf of the child; however, where the statute does not prescribe a time limit the Court may grant special leave under r20.4(3) and the appropriate procedure is an interlocutory application on notice (which may be filed before or after expiry); accordingly the interim order lapses and the Family Court orders remain in force until any stay or appeal procedure is properly commenced and an extension is sought by interlocutory application.