Re Bruce Hawkey [2016] NZFC 2442

Published 31 July 2016

Paternity order — Family Proceedings Act 1980, ss 47, 49 — declaration as to paternity — Status of Children Act 1969, s 10 — Family Courts Rules 2002, r 3. An order as to paternity was sought by the applicant under s 47 of the Family Proceedings Act, although it was pointed out by Lawyer to Assist that s 49 of the Act time-barred that application. The Court, taking into account the purpose of the rules, by way of its own motion amended the application to be one pursuant to s 10 of the Status of Children Act 1969 for a declaration as to paternity. That declaration was then made on the basis of the applicant being an “eligible person” under s 10 and evidence which satisfied the Court on the balance of probabilities as to paternity.