DN v Family Court at Auckland

DN and LN brought a judicial review against the Family Court at Auckland and others. The applicants sought to challenge the decision of the Family Court to order a section 133 report, and the conduct of the Family Court in relation to a minute issued by one of the judges, which the applicants contend is prejudicial and may cause future judges to decide the case on something other than its merits. The court was required to determine whether the Family Court had erred in law in ordering the report and whether the conduct of the Family Court was such that it gave rise to an apprehension of bias. The court held that the Family Court had not erred in law in ordering the section 133 report, and that the conduct of the Family Court did not give rise to an apprehension of bias. Accordingly, the second and third causes of action were dismissed. The court also made non-publication orders in relation to the proceedings.