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Richard Worrall v PH [2017] NZFC 1000

Published 10 March 2017

Whether ordinarily resident in New Zealand — Protection of Personal and Property Rights Act 1988, ss 10 and 14 Cook Islands Constitution Act 1964 — R v Barnet LBC v Ex p Shah [1983] 2 AC 309 — R v Waltham Forest LBC v Ex parte Vale Unreported, 11 February 1985 — Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611. An application was made for final orders under ss 10 and 14 of the PPPRA for an elderly woman suffering from dementia. The issue was whether the person in respect of whom the application was made was ordinarily resident in New Zealand for the purposes of s 6 of the PPPRA. While the family maintained that the woman was not ordinarily resident in New Zealand, the Judge found that her former usual residence in the Cook Islands had been lost as a result of decisions made on her behalf in the circumstances. The Judge noted two factors were particularly relevant in establishing a close and clear connection with New Zealand. These were New Zealand citizenship and the basis on which the woman came to New Zealand. Judgment Date: 6 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *