New Zealand Case Law: Decisions & Judgments

24 May 2022

NEWTON v FAMILY COURT AT AUCKLAND [2022] NZCA 207

Citation: [2022] 3 NZLR 846
Court: Court of Appeal

A Family Court judge is not required to obtain a child's views in every case before ordering a s133 psychological report; judicial review of interlocutory s133 orders is available only in rare and clear-cut cases (eg apparent bias or closed mind) consistent with COCA's scheme and s143(3A) restrictions; reports prepared by a lawyer for the child are submissions not statutory decisions and are not amenable to judicial review; predetermination by Judge de Jong was not established on the fair-minded observer test; matter remitted to Family Court to reconsider whether a s133 report is required in…

Z v Z [2015] NZHC 3183

Citation

[2015] NZHC 3183

Court

High Court

The applicant was successful in opposing the rescission application and in having the majority of the respondent's affidavits ruled inadmissible; given the nature and number of inadmissible affidavits, increased costs are justified and a practical 25% uplift on combined items is appropriate, resulting in an order that the respondent pay $11,518.95 to the applicant.