New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Children's welfare

  • 26 Jul 2023

    CRESSWELL V ROBERTS [2023] NZHC 1970

    Citation
    [2023] NZHC 1970
    Court
    High Court

    The High Court rescinded the interim stay because it lacked jurisdiction to entertain an appeal against a Family Court interlocutory/ancillary order (the warrant to enforce) without Family Court leave under s143(3) Care of Children Act; the warrant was properly characterised as ancillary to the final s105 return order, and the asserted change of circumstances (mother's decision not to return) did not meet the high threshold of exceptional or fundamental change that would render enforcement pointless; consequently the Family Court's decision to issue the warrant was lawful and the stay was wro…

  • 4 Sept 2019

    N v R [2019] NZHC 2181

    Citation
    [2019] NZHC 2181
    Court
    High Court

    Given the child's age (2) and that she has been cared for by an aunt with only infrequent contact with the appellant, the Court found there was no reasonable basis to conclude publication would cause the threshold/extreme harm required for ongoing suppression; a Children's Commissioner report was unnecessary; open justice favoured publication; accordingly the appeal was dismissed and only a short interim extension of suppression was granted to permit further application pending appeal.

  • 12 Aug 2019

    N v R [2019] NZHC 1939

    Citation
    [2019] NZHC 1939
    Court
    High Court

    Interim name suppression for the appellant is to continue pending a report from a suitably qualified person (and possible referral to the Children's Commissioner) assessing the potential harm to the appellant's three-year-old daughter; the District Court's refusal to suppress the defendant's name was otherwise not disturbed and the principle of open justice favors publication absent demonstrated extreme hardship; take-down application is adjourned pending formal service and responses from media outlets.