INDEPENDENT NEWS

Leave to Appeal: Secretary for Justice v H J

Published: Thu 16 Nov 2006 11:52 AM
IN THE SUPREME COURT OF NEW ZEALAND
SC 36/2006
[2006] NZSC 97
BETWEEN SECRETARY FOR JUSTICE (AS THE NEW ZEALAND CENTRAL AUTHORITY ON BEHALF OF T J)
Appellant
AND H J
Respondent
Hearing: 15 August 2006
Court: Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Counsel: C R Pidgeon QC and J Key for Appellant
A Hart for Respondent
Judgment: 16 November 2006
JUDGMENT OF THE COURT
A. The appeal is dismissed.
B. Costs are reserved.
...
[1] The appeal concerns the basis upon which a court may exercise the power under s 106(1) of the Care of Children Act 2004 to refuse to order the return of an internationally abducted child. The two young children who are the subjects of the proceedings were wrongfully removed to New Zealand nearly two years before the Family Court was asked to return them to Australia.
See... SC 36 2006 S for J v HJ ( Hague Convention) - PDF
ENDS

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