24 Apr 2017
LOWE v AUCKLAND FAMILY COURT [2017] NZHC 758
- Citation
- [2017] NZHC 758
- Court
- High Court
The Court held the Family Court judge breached natural justice by dismissing the first two DVA protection applications without giving the applicant an opportunity to be heard because the dismissal affected the applicant's right of access to the court; however, because the substantive issues could still be heard (a fresh without‑notice application was before the Family Court, strike‑out proceedings were pending, and compliant affidavits had since been filed) the High Court declined to order rehearing or other relief. The Court upheld the judge's exercise of r170 authority to remove affidavits…
- Recusal and apparent bias
- Protection orders under domestic violence act
- Representative for minor (s9 dva)
- Affidavit admissibility and pre-trial case management (r170)
- Without‑notice threshold
- Natural justice/right to be heard