10 Aug 2022
ROSEN v GUY [2022] NZHC 1973
- Citation
- [2022] NZHC 1973
- Court
- High Court
Leave to adduce further evidence on appeal was declined because the proposed affidavit was not confined to matters arising after the Family Court decision, would reopen disputed issues already addressed by the Family Court, likely require further s 133 assessment and responsive evidence, and would convert the appeal into a new hearing contrary to the rehearing principle and the need for finality; the appeal must proceed on the materials before the Family Court while giving appropriate weight to the best interests of the child.