New Zealand Case Law: Decisions & Judgments

Topic

Paternity

Legal area

Court

31 Jan 2020

ERIN MAUREEN KINNEY v MYRTLE MARGARET PARDINGTON [2020] NZHC 46

Citation

[2020] NZHC 46
Court

High Court

The court accepted the plaintiff's solicitor's undertaking and plaintiff affidavit in lieu of producing all invoices and awarded costs on the 2B scale payable by the estate with specified adjustments: allow three days under commencement as a catch-all; no costs to either party on the consolidation application; allow 2.5 days for affidavit preparation; allow three days for hearing preparation (including treating the August 2018 valuation hearing as prepared but not a substantive hearing); approve payment of Mr Parson's expert fees as reasonable disbursements but limit travel/accommodation to o…
9 Aug 2018

WAINE v TIGG [2018] NZHC 1976

Citation

[2018] NZHC 1976
Court

High Court

The Court held the Family Court judge correctly found a moral duty was breached, that the evidence (affidavits and disclosed documents) was sufficient to establish Keith Parker's need for maintenance, and that the discretionary awards of $100,000 to Helen Tigg and $175,000 to Keith Parker were within the available range and not plainly wrong on appeal; accordingly the appeal was dismissed.
12 Jul 2017

MCKAY v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 1608

Citation

[2017] NZFLR 615
Court

High Court

A mediated family dispute resolution agreement that records an acknowledgment of paternity is neither privileged under s14 FDRA nor confidential such that it cannot be relied upon by the Commissioner; accordingly the Commissioner was entitled to treat the signed mediated agreement as establishing parenthood under s7(1)(e) Child Support Act 1991 and the judicial review is dismissed.
3 Jul 2017

APPLICATION BY LINDA BOON [2017] NZHC 1509

Citation

[2017] NZHC 1509
Court

High Court

On a holistic assessment under s10(2) SOCA and applying the balance of probabilities standard, the High Court found sufficient legal evidence (affidavit of mother, affidavit of deceased's mother establishing whakapapa, eight photographs showing association, and a birthday card signed 'Dad') to declare that Rangi Hape Chevette Nikara is the father of Keanu Kayne Boon; biological/DNA proof was not required and the Court has jurisdiction to make the declaration despite Family Proceedings Act s49 time limit.
5 Jun 2014

T v C CA318/2013 & CA54/2014 [2014] NZCA 226

Citation

[2014] NZCA 226
Court

Court of Appeal

The Court dismissed the application for special leave and the application for extension of time because the proposed second appeal lacked merit (no irretrievable adverse consequences shown), any breach of natural justice did not compel quashing and the prior Court direction did not suspend r 43 time limits; granting an extension would serve no useful purpose given the absence of arguable prejudice and the need to avoid further delay in the guardianship proceedings.
20 Jun 2012

SLB V SPB HC TAU CIV-2011-470-000942

Citation

openlaw-3bd7cfa1_9613_4e85_a801_e5ca51b1cf12.pdf
Court

High Court

The settlement deed was limited to the "Relevant Matters" described (principally relationship property and specific listed items) and did not encompass the Care of Children proceedings costs; clause 7.2 was a mechanical provision giving effect to the limits in clause 7.1 and did not extend the deed's ambit to cover those costs, and the Family Court judge did not err in awarding half the respondent's actual costs ($16,047) after properly exercising his discretion and considering child impact and the parties' conduct.

New Zealand Case Law

ERIN MAUREEN KINNEY v MYRTLE MARGARET PARDINGTON [2020] NZHC 46

WAINE v TIGG [2018] NZHC 1976

MCKAY v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 1608

APPLICATION BY LINDA BOON [2017] NZHC 1509

T v C CA318/2013 & CA54/2014 [2014] NZCA 226

SLB V SPB HC TAU CIV-2011-470-000942