New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of family court

  • 14 Mar 2019

    PEARCE v ELLICE [2019] NZHC 445

    Citation
    [2019] NZHC 445
    Court
    High Court

    The statement of claim was struck out because the plaintiff has no reasonably arguable cause of action that the Family Court lacked jurisdiction or that defendant breached duties in distributing funds in accordance with sealed Family Court orders and the plaintiff's irrevocable instructions; however limited leave to amend was granted solely to plead any arguable claim about wrongful or delayed retention of the $200,000 paid into the defendant's trust account.

    • Unauthorised distribution
    • Probate and administration
    • Jurisdiction of family court
    • Undertakings to solicitors
    • Sealing of court orders
    • Strike-out under high court rules

  • 1 May 2018

    HAU v HAU [2018] NZHC 881

    Citation
    [2018] NZFLR 464
    Court
    High Court

    The Family Court erred in finding no jurisdiction; the PRA must be read purposively to permit a surviving spouse to seek declarations/orders under ss25(1) and 25(3) to classify and vest relationship property even where legal title passed by survivorship, because LTA s61 is a rebuttable statutory fiction and equity can establish beneficial tenancy in common post-death; time limits do not bar the present classification step because classification may change estate size and trigger administration, so the PRA claim is not out of time.

    • Survivorship
    • Joint tenancy
    • Tenancy in common
    • Jurisdiction of family court
    • Classification of relationship property
    • Declarations and vesting orders

  • 21 Aug 2017

    IA v RRN [2017] NZHC 1997

    Citation
    [2017] NZFLR 659
    Court
    High Court

    The court exercised its discretion under s142 COCA in a child-centred manner, balancing the appellant's entitlement to costs with the child's welfare and the respondent's financial hardship, and awarded a reduced contribution of approximately 35% of the claimed costs ($5,750) with the order to lie in Court until 21 February 2018; the question of party contributions to the lawyer-for-child costs was reserved pending provision of the lawyer's invoice and submissions.

    • Costs awards
    • Appeals
    • Jurisdiction of family court
    • Lawyer for the child costs
    • Best interests of the child
    • Relocation orders

  • 19 Jul 2016

    COOPER v PINNEY [2016] NZHC 1633

    Citation
    [2016] NZHC 1633
    Court
    High Court

    Section 82 does not express or intend a limitation to a single exercise of the discretion to make interim maintenance orders; in the absence of clear statutory restriction and in light of Interpretation Act s16 and the purpose of the Act, the Family Court retains jurisdiction to entertain further discrete applications for interim maintenance after expiry of a previous interim order, to be considered afresh and on their merits.

    • Interim spousal maintenance
    • Jurisdiction of family court
    • Interpretation act s16
    • Family proceedings act s82
    • Access to courts

  • 21 Oct 2011

    BHR V TAURANGA FAMILY COURT HC TAU CIV-2011-470-505

    Citation
    openlaw-ec53c111_83db_49d0_a640_3b836aaedb15.pdf
    Court
    High Court

    The Judge made an error of law by dismissing the application through application of a blanket local policy rather than assessing the application on its individual merits; the Family Court has jurisdiction to permit a McKenzie friend under s11A and s11A(5)(b) and the decision is set aside and remitted for reconsideration.

    • Mckenzie friend
    • Jurisdiction of family court
    • Application of court policy
    • Procedural fairness
    • Judicial discretion
    • Family courts act s11a