18 Dec 2020
J v FAMILY COURT AT AUCKLAND & D [2020] NZHC 3429
- Citation
- [2020] NZHC 3429
- Court
- High Court
The High Court granted an interim stay because J had a concrete position to preserve — avoidance of a potentially irreversible and possibly more burdensome final protection order — and there were serious questions to be tried about the statutory basis and validity of the temporary order under s57A CoCA and the interplay with provisions of the FVA (including s85); the stay would not prejudice child safety because the temporary order remains in force pending review and the delay to the judicial review hearing was limited.