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Mercer v McDaniel [2021] NZFC 3403

Published 04 April 2022

Application for discovery — child interviews — opinion — probative value — opinion rule — Care of Children Act 2004, ss 5, 131A & 132 — Evidence Act 2006, ss 4, 5, 7, 8, 23, 24, 25 & 53-69 — Family Court Act 1980, s 11D — Family Court Rules, r 143 — Evidence Regulations — R v Turner [1975] QB 834 — R v Griffin [2001] 3 NZLR 577 — R v X [2009] NZCA 531 — Vector Gas Contracts Ltd v Contact Energy Ltd [2014] NZHC 670. This hearing was to determine an application for discovery by the applicant mother against Oranga Tamariki (OT) and the police. The applicant mother and respondent father were involved in Care of Children Act proceedings for parenting orders for their two daughters. The respondent father was in a new relationship with a woman who had a son, and there had been allegations by the son of inappropriate sexual touching by the respondent and two daughters. Subsequently there had been investigations by OT and the police. The applicant mother now sought discovery of the police interview transcripts with the son, and psychologist notes and social worker interviews of all three children from OT. OT opposed the application citing privacy concerns. The police made no appearance at the hearing. In considering evidence a court had to determine whether the evidence is relevant to the proceeding and, if so, it will be admissible unless it is inadmissible or excluded. The Judge concluded that the psychologist notes, as well as the social worker notes on the children, were relevant and warranted disclosure and made orders accordingly. The Judge also appointed a lawyer to assist the Court, and to investigate whether the police held a transcript in relation to the son. Judgment Date: 15 April 2021. * * * Note: names have been changed to comply with legal requirements. * * *