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