WAH v WTW and others - SC 142/2010

Summary

Civil Appeal – Care of Children Act 2004 – High Court made order that children should remain under guardianship of High Court and that permanent homes outside the family be found – Whether High Court adopted the wrong test under s 5(e) Care of Children Act for assessing psychological violence to children – Whether Court of Appeal erred in holding High Court Judge not required to recuse herself – Whether High Court gave insufficient weight to Māori cultural issues – Whether High Court wrong to call appellant’s former counsel as witness – Whether Court of Appeal failed to address constitutional separation of powers issue.[2010] NZCA 577  CA 40/2010  2 December 2010

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Additional Information

The application by the Chief Executive of the Ministry of Social Development for leave to intervene is granted.

The application for leave to appeal is dismissed.

14 March 2011.