5 Dec 2023
DFT v MANUKAU FAMILY COURT & ORS [2023] NZCA 619
- Citation
- [2023] NZCA 619
- Court
- Court of Appeal
Family Court guardianship and contact orders concerning care of children do not constitute 'detention' under the Habeas Corpus Act 2001; the High Court may strike out plainly abusive habeas corpus proceedings under High Court Rules r 5.35B; habeas corpus is not the appropriate remedy to collaterally attack Family Court custody/guardianship decisions and leave to file further material post‑hearing is refused absent exceptional circumstances.