New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interpretation of s 5
  • 8 Sept 2010

    K V B SC 37/2010

    Citation
    SC 37/2010
    Court
    Supreme Court

    The Supreme Court dismissed the appeal because the Court of Appeal correctly applied the Care of Children Act 2004, correctly conducted an individualised, evaluative assessment of the s 5 principles (giving mandatory effect to safety where relevant and appropriate emphasis to parental relationships within s 5(b)) and reached a well‑substantiated conclusion that the children's welfare and best interests were served by remaining in New Zealand under the shared parenting arrangements; any ambiguous language in the Court of Appeal's reasons did not amount to a material error requiring remittal.