New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Variation/discharge of conditions (s125)
  • 21 Apr 2017

    MR v CHIEF EXECUTIVE OF THE MINISTRY FOR VULNERABLE CHILDREN, ORANGA TAMARIKI [2017] NZHC 757

    Citation
    [2017] NZHC 757
    Court
    High Court

    The High Court affirmed the Family Court: the Ministry's inability to secure stable placements in the Waikato and the demonstrable harm to the children from multiple placements amounted to a material change of circumstances permitting discharge of the placement condition under s125; discharging the condition to place the children with family in Nelson was justified as consistent with the children's paramount welfare and best interests, and the Family Court did not err in law or principle nor act plainly wrongly in exercising its discretion.

    • Interim custody (s78)
    • Variation/discharge of conditions (s125)
    • Material change of circumstances
    • Welfare and best interests of the child (s6)
    • Placement and foster care stability