New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Publication prohibition under family courts act
  • 8 Nov 2021

    S v FAMILY COURT AT MANUKAU [2021] NZHC 3002

    Citation
    [2021] NZHC 3002
    Court
    High Court

    Judge Mahon did not err in directing that the s 133 report not be copied directly to the unrepresented applicant because there was a rational evidential basis — prior breaches of confidentiality, dissemination of sensitive material, an unauthorised recording, and inappropriate involvement of the child — to conclude that direct disclosure would risk psychological harm to the child or others and thereby justify the exercise of s 134(3); the applicant retained meaningful access to the report via counsel and registry and the interlocutory direction was lawful.

    • S 133 report distribution
    • S 134 restriction on access
    • Natural justice/bill of rights
    • Welfare and best interests of the child
    • Publication prohibition under family courts act
    • Case management