21 Jun 2013
D v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2013] NZHC 1520
- Citation
- [2013] NZHC 1520
- Court
- High Court
The Authority's decision was supported by evidence and its interpretation of s70B and s3 was correct: interim parenting orders do not automatically render caregiving 'temporary' for s3, the primary factor is time the child spends with each parent and s70B(3) applies only if the Chief Executive cannot ascertain a greater-responsibility parent under s70B(2); accordingly the Authority validly found the mother had greater responsibility in the relevant periods and was principal caregiver prior to separation.