New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Status of children

Legal area

Court

23 Nov 2016

TAO v THE MINISTER OF IMMIGRATION [2016] NZHC 2807

Citation

[2016] NZHC 2807
Court

High Court

The High Court granted leave to appeal on the novel legal question whether, given the Status of Children Act 1969 s22, a donor-conceived child had to be disclosed as the applicant's "child" on a residence application and whether failure to do so constituted concealment for deportation purposes; the Court held there was a serious question of law warranting appeal and declined to grant separate leave for judicial review because the appeal would address the same legal errors.
15 Jul 2005

HEMMES V YOUNG SC CIV 27/2004

Citation

openlaw-62f9a543_aab0_4262_a63e_f5f0f78f1f37.pdf
Court

Supreme Court

For the purposes of s10 of the Status of Children Act 'relationship of father and child' means the legal relationship; an adoption order under s16(2) of the Adoption Act terminates the legal parent-child relationship with biological parents and substitutes adoptive parents for all legal purposes, therefore an adopted person cannot obtain a s10 declaration that a biological (non-adoptive) parent is legally the father.