IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CIV-2025-443-012
[2025] NZHC 2274
UNDER the Care of Children Act 2004 BETWEEN
ANDREW WHITE
Appellant
AND
HELEN HENDERSON
Respondent
Hearing: 16 July 2025 Appearances:
Appellant in person
No Appearance for Respondent
Judgment:
12 August 2025
JUDGMENT OF GRICE J
(Appeal against costs order) (Anonymous version)
Introduction
[1] Andrew White appeals against a decision of the Family Court making a costs order under s 142 of the Care of Children Act 2004 (COCA).1 Costs of $20,000 were awarded to Helen Henderson, the respondent in this proceeding.
[2] Mr White appeals on the basis that the Family Court’s decision is incompatible with the fundamental principles of the COCA.2
1 [Henderson] v [White] [2025] NZFC 896 [the decision under appeal].
2 An order staying enforcement of that order pending resolution of the appeal was made in: [White] v [Henderson] HC New Plymouth CIV-2025-443-012, 7 April 2025 (Minute of McHerron J).
WHITE v HENDERSON [2025] NZHC 2274 (12 August 2025)
[3] Ms Henderson opposes the appeal. Her counsel filed memoranda of 2 April 2025 and 9 July 2025. However, Ms Henderson’s counsel did not appear at the appeal. Ms Henderson considers the costs decision under appeal was fair but will abide the decision of this Court.
The substantive judgment
[4] Jacob, the son of Mr White and Ms Henderson is not yet a teenager but the parties have been involved in various disputes concerning his care since he was two years of age. He is currently in Ms Henderson’s day-to-day care, with a contact arrangement with his father.
[5] A substantive judgment relating to Mr White’s contact time with Jacob was released on 24 October 2024.3 Judge Harrison found on the balance of probabilities that the child had been hurt physically by his father during their play fighting.4 However, she concluded that it was in the child’s best interests for unsupervised contact with his father be reinstated in a graduated way over time subject to reports on scheduled visits being provided to the hearing judge following the child’s visits.5
Costs decision
[6] After the substantive judgment, Ms Henderson made an application for costs seeking $33,616 on the basis of the costs schedule in the District Court Rules 2014 (the Rules).6
[7] In considering the costs award, the Judge first looked at the measure of success each party achieved. She said that at the very core of the proceeding was Ms Henderson’s claim that Mr White had been physically abusive to the child. Mr White had steadfastly denied the allegations and claimed the case was a “witch hunt”.7 The Judge made adverse findings against Mr White, saying his arguments
3 [Henderson] v [White] [2024] NZFC 13325 [the substantive judgment].
4 At [4].
5 At [5] and [187].
6 District Court Rules 2014. Schedule 4 sets out the appropriate time allocations for various steps and Schedule 5 sets out the appropriate daily rates.
7 The decision under appeal,…
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- AGLC
- White v Henderson [2025] NZHC 2274
- Case
- [2025] NZHC 2274
- Decision Date
CaseChat Overview and Summary
The appeal court first considered the principles governing an appeal against a costs order, noting that such appeals are discretionary and require the appellant to show the lower court acted on a wrong principle, failed to consider relevant matters, factored in irrelevant matters, or was plainly wrong. The court also highlighted the paramount consideration in care of children matters is the welfare and best interests of the child, as per s 4(1) of the COCA.
After examining the Family Court's reasoning, the appeal court found no procedural error or substantive injustice in the decision to award costs. The Family Court had considered the interests of the child, the conduct of the parties, and the financial means of the appellant. However, the appeal court concluded that the Family Court erred in awarding costs exceeding the actual costs incurred and failed to articulate reasons for increased or indemnity costs. The appeal was allowed only to the extent of the incorrect principle applied in the quantum of the costs award. The matter was remitted to the Family Court for rehearing and determining the quantum of costs, including whether increased or indemnity costs should be awarded.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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