New Zealand Case Law: Decisions & Judgments

Topic

Freedom of movement

Legal area

Court

6 Mar 2019

LOWRIE v HUTT CITY TE AWA KAIRANGI [2019] NZHC 359

Citation

[2019] NZAR 620
Court

High Court

Given the accepted findings on the plaintiff's conduct (loud aggressive behaviour, racial abuse, physical contact, smell of alcohol and a history of difficult interactions), the Council's decision to issue a two year trespass notice as limited to the Walter Nash Centre was a reasonable and proportionate limitation of NZBORA rights and not discriminatory; absence of an explicit written rights analysis did not render the decision unlawful.
19 Aug 2015

HENDERSON AND HENDERSON v THE ATTORNEY-GENERAL [2015] NZHC 1971

Citation

[2015] NZHC 1971
Court

High Court

S3 does not import a statutory precondition of a 'sufficient connection' to New Zealand; s10's social worker report requirement does not apply where a natural parent is an applicant and independent expert reports may supplement absent social work material; the court must be satisfied on s11 criteria and, on the evidence including Dr Calvert's report, s11 was met so the appeal was allowed subject to an updating expert report before final orders issue.
10 Sept 2013

ABBOTT v BLAIR [2013] NZHC 2358

Citation

[2013] NZHC 2358
Court

High Court

Because the Family Court's relocation decision materially depended on the respondent's asserted emotional state and the asserted benefit to the child, and the existing evidence of that emotional state was not sufficiently compelling on its face, the High Court set aside the relocation order and referred the matter back to the Family Court for reconsideration after the production of a report from a suitably qualified expert addressing the respondent's emotional state, its effect on the child, and the likely benefits of relocation.

New Zealand Case Law

LOWRIE v HUTT CITY TE AWA KAIRANGI [2019] NZHC 359

HENDERSON AND HENDERSON v THE ATTORNEY-GENERAL [2015] NZHC 1971

ABBOTT v BLAIR [2013] NZHC 2358