Nimiya v Chief Executive of Oranga Tamariki [2017] NZFC 8166

Published 16 May 2018

Application for costs — discretion to award costs — impact on welfare of child — Children Young Persons and Their Families Act 1989, ss 116 & 203 — Chief Executive of MSD v Roth [2015] NZFC 3696 — M v A [costs] [2006] NZFLR 66. The applicant sought costs from the respondent who was the applicant's sole guardian. The applicant had sought to review a decision of the Chief Executive not to help fund the applicant's tertiary education and instead suggesting that the applicant take out a student loan. The applicant sought to review that decision. The Chief Executive reversed the decision the day before the review was set down for a hearing, having had regard to the applicant's special circumstances in light of evidence filed. The court found that the information that the Chief Executive claimed had caused it to change it's position was information that the Ministry should have known and that it was likely that the Ministry had originally neglected to consider the situation fully and in a timely manner. The court noted that had the applicant's request been considered reasonably and objectively at the outset, the request for funding would not have been declined; and that declining the request was detrimental to the applicant's welfare. The court directed the Chief Executive to pay the sum of $900 towards the costs of the applicant's counsel for costs that it had caused to be incurred. Judgment Date:3 October 2017. * * * Note: Names have been changed to comply with legal requirements * * *