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1. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...stay, however needs to be free or costs substantially reduced, the cost appears to be a barrier to on notice applications. 6. What are the Panel's proposals that relate to the 2014 family justice reforms? 2014 Panel's proposals Parenting Through Separation Programme (PTS) becoming compulsory for people who want to apply to the Family Court Parties are expected to attend PTS if they intend to engage with FDR or make an application to the Court. Ag...

2. Family Court applications June 2019 [xlsx, 225 KB]

   ...applications' workbook published on the Ministry website (www.justice.govt.nz/justice-sector-policy/research-data/justice-statistics/data-tables/#family) which only includes section 3 adoption applications. Child support The child support scheme (if two parents separate, one may have to pay child support to the other, as financial support for the costs of raising the children) is governed by the Child Support Act 1991 and is managed by Inland Revenue. The applications in this case type i...

3. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...Introduction [1] Ms A1 has applied for a review of a decision by the [City] Standards Committee [Z] (the Committee) to take no further action in respect of her complaint concerning conduct on the part of Ms B2. Background [2] Ms A1 and Mr JB are K’s parents. They separated and both formed subsequent relationships. Although the Family Court allowed Mr JB unsupervised overnight contact, Ms A1 continued to care for K and Mr JB felt himself excluded. Mr JB challenged Ms A1 thro...

4. Cooper v Hurunui - Estate of Derek Heemi Hurunui (2018) 394 Aotea MB 14 (394 AOT 14) [pdf, 256 KB]

   ...late father’s lands. In addition, Ngahina Hurunui contends that she should be the kaitiaki trustee for her siblings who are minors. Further, Ms Hurunui asserts that her mother is not entitled to a life interest or income because firstly, her parents were not married, and secondly, her mother has entered into relationships in the nature of marriage including falling pregnant. 394 Aotea MB 15 Issues [4] The issues for determination is are: (a) whether Eliza Cooper is en...

5. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...C. 6 19. Mr A’s Discharge Summary recorded the MDT’s plan for Mr A following discharge, which included a review in outpatient clinic by Dr D on 22 September 2016, psychiatric nursing follow-up in one week, referral to counselling through the CMHS team, and discharge to his parents’ home and GP care. 20. Mr A’s family told the HDC that they were not told about the MDT’s plan for Mr A to see Dr D on 22 September 2016 following Mr A’s discharge. BOPDHB CMHS...

6. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...PROVISIONS 5.1 Section 133 of the Care of Children Act 2004 provides for the Court to appoint a person to prepare a cultural, medical, psychiatric, or psychological report on a child who is the subject of any of the following applications: guardianship, parenting order (other than an application for an interim order), and return of a child abducted to New Zealand. 5.2 Section 178 of the CYPF Act provides for the Court to appoint a person to prepare a medical, psychiatric or psychologica...

7. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...The Trusts displayed outward manifestations of partnership, including by arranging for Trusts Partnership accounts to be prepared, and presumably by filing tax returns based on the Trusts Partnership accounts. [4] In May 2010, Mr and Mrs LJ separated. Mr LJ moved out. Mrs LJ and the children did not. Company and farming operations continued. [5] Mrs LJ and her husband discussed their situation. At some point Mr LJ proposed buying Mrs LJ’s Trust’s share in one of the farms...

8. Family Violence Risk Assessment and Management Framework [pdf, 1.7 MB]

   ...which presented the first draft of the Framework. We very much appreciate the effort and commitment of everyone who is contributing to this crucial work. Feedback included many practice matters related to specific sectors. These will need to be worked through with those sectors. With this in mind, it makes sense to progress the Framework in phases. This document, developed in phase 1, incorporates the key aspects stakeholders considered needed to be addressed in an overarching framework. T...

9. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...for Ms Schiller-Cooper’s mother to receive the residence visa, and her entitlement to stay in New Zealand became an issue. The most satisfactory solution would have been for her to apply for a particular category of visitor’s visa applicable to parents of persons living permanently in New Zealand. [5] Ms Lozano was not aware of this class of visa and failed to provide the appropriate advice. Ms Schiller-Cooper did her own research, ascertained this was the best solution, and complete...

10. Hingston v Hiroti [2016] Chief Judge's MB 672 (2016 CJ 672) [pdf, 316 KB]

    ...These shares have now been put in a whānau trust for members of the Hiroti whānau. 1 108 Aotea MB 247 (108 AOT 247) 2016 Chief Judge’s MB 674 (e) The Hiroti whānau have no ties through whakapapa to the above tupuna or lands received from Rangiao. (f) Valentine was excluded from succession to his natural mother’s lands and shares but now the beneficiaries of this trust will be the same beneficiaries as tho...