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C v Department of Social Welfare - [1990] 3 NZLR 203

$30.00

High Court Wellington
18, 19 July 1989
Fisher J
Practice and procedure — Children and Young Persons Court — Evidence — Judge in Children and Young Persons Court directed that evidence-in-chief of complainant's witnesses be given in form of written briefs served on other parties before hearing and confirmed under oath at hearing — Whether Judge had jurisdiction to give such a direction — Whether similar direction should have been given regarding defence witnesses — Whether Judge had correctly exercised his discretion — Children and Young Persons Act 1974, ss 27 and 99 — Summary Proceedings Act 1957, ss 60 and 67.
Practice and procedure — Children and Young Persons Court — Judgments and orders — Reasons for making guardianship order — Tape recording of Judge's reasons for making guardianship order in Children and Young Persons Court had been accidentally erased and no reasons were available on appeal — Observations as to desirability of immediate typing of reasons for decision to make guardianship order whether or not appeal follows — Children and Young Persons Act 1974, s 31.

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