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Chief Executive of the Ministry of Social Development v PA [2016] NZFC 10455

Published 07 March 2017

Declaration child in need of care or protection — Children, Young Persons, and Their Families Act 1989, s 14 — Family Courts Rules 2002, rr 90 and125. The Judge determined that r 125(2), which would prohibit any further step being made until a representative or manager had been appointed for the minor father, should be read in the context of rules 90, 90C, 90D, 90E, 90F and 90H. That interpretation means r 125(2) is not triggered where a minor does not want to take part in the proceedings, or does not take up an opportunity to do so, as was the situation here. Accordingly, further orders could be made which included dispensing with service and making a declaration on the grounds under s 14(1)(a) and (b). Judgment Date: 9 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *