NRT v RB

[2015] NZHC 3053

NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO

11D OF THE FAMILY COURTS ACT 1980.  FOR FURTHER INFORMATION, PLEASE SEE

THE-FAMILY-COURT/LEGISLATION/RESTRICTION-ON-PUBLISHING- JUDGMENTS

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-001256 [2015] NZHC 3053

UNDER	the Care of Children Act 2004
IN THE MATTER OF	an appeal against a decision of the Family Court at Auckland dated 12 May 2015
BETWEEN	NRT Appellant
AND	RB Respondent

Hearing:	2 December 2015
Appearances:	A E Ashmore for Appellant Respondent in person L J Kearns for Children
Judgment:	3 December 2015

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 3 December 2015 at 4.45 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date………………………..

NRT v RB [2015] NZHC 3053 [2 December 2015]

[1]      I heard this appeal on 2 December 2015 and indicated that, given the time of year, it was likely that I would deliver my judgment with reasons to follow.  This I now do.

[2]      The appeal is allowed.  The decision of Judge Pidwell of 12 May 2015 is set aside.  I will deliver written reasons as soon as possible.

[3]      The result of allowing the appeal is that Ms T will have day-to-day care of the children in Dunedin.   Clearly, however, further orders will be required to determine the date on which the new care arrangements will begin and to agree on arrangements for the childrens’ future contact with Mr B.   I direct that there be a telephone conference with me for this purpose at 9 am on Wednesday, 9 December

2015.  Counsel and Mr B should confer prior to that conference to see if agreement can be reached.

[4]      Finally, counsel and Mr B should also advise me at the conference what names would be suitable for the anonymised reporting of the decision.

P Courtney J