New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Declaration of paternity

Legal area

Court

2 Dec 2022

KIRTON v HOPKINS [2022] NZHC 3208

Citation

[2022] NZHC 3208
Court

High Court

On the balance of probabilities the affidavit evidence of the mother, the deceased's conduct of not denying paternity while refusing involvement, and the Y‑chromosome DNA evidence matching the deceased's acknowledged son establish a biological father‑son relationship that justifies a declaration under s 10 Status of Children Act 1969; leave to proceed by originating application was in the interests of justice and was granted.
1 Sept 2017

SHAW v BANKS [2017] NZHC 2125

Citation

[2017] NZHC 2125
Court

High Court

On the balance of probabilities the evidence established that defendant had a sexual relationship with the mother at relevant time, later resumed contact when the child was young, made acknowledgements consistent with paternity, third‑party evidence and photographs supported likeness, and defendant's refusal to undergo DNA testing permitted an adverse inference; accordingly court declared defendant to be the father.