24 May 2022
NEWTON v FAMILY COURT AT AUCKLAND [2022] NZCA 207
- Citation
- [2022] 3 NZLR 846
- Court
- Court of Appeal
A Family Court judge is not required to obtain a child's views in every case before ordering a s133 psychological report; judicial review of interlocutory s133 orders is available only in rare and clear-cut cases (eg apparent bias or closed mind) consistent with COCA's scheme and s143(3A) restrictions; reports prepared by a lawyer for the child are submissions not statutory decisions and are not amenable to judicial review; predetermination by Judge de Jong was not established on the fair-minded observer test; matter remitted to Family Court to reconsider whether a s133 report is required in…