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Ministry of Social Development v BK [2016] NZFC 10716

Published 16 January 2017

Whether child is a "subsequent child" — retrospective legislation — declaration child in need of care or protection — Children, Young Persons, and Their Families Act 1989, ss 14, 18A, 18B and 67 — Interpretation Act 1999, s 7. An application for a declaration that a child was in need of care or protection made under s 14(1)(ba) was declined. The application was declined because having considered the meaning of "determined", the Court took the position that what is required is a "specific, clear, and transparent process in which the Court can have some assurance that the parents understand the future implication of the determination sought". Without that process, the child could not be defined as a subsequent child for the purposes of the legislation. The need for a new determination process was given additional weight by the Court's finding that s 18B has objectionable retrospective effect. Judgment Date: 14 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *