20 Jan 2017
H v FAMILY COURT AT AUCKLAND [2017] NZHC 23
- Citation
- [2017] NZHC 23
- Court
- High Court
The High Court dismissed the judicial review because the Family Court judge had statutory jurisdiction under s 19 to refer the matter in the course of proceedings, she notified counsel of her intended procedure and gave them the opportunity to object (they did not), she did not predetermine the outcome but heard evidence and kept an open mind, admission of the neighbour's evidence was permissible to meet allegations raised by H, and on the evidence the judge reasonably formed the belief that both children met s 14(1)(a),(b) and (h) thresholds warranting a s 19 referral.
- S 19 referral (children, young persons, and their families act 1989)
- Care and protection grounds (s 14)
- Jurisdiction to refer
- Procedural fairness / natural justice
- Admissibility of evidence