Tavita v Minister of Immigration - [1994] 2 NZLR 257

Administrative law — Judicial review — Relevant considerations — Whether international obligations required to be taken into account — International Covenant on Civil and Political Rights 1966, arts 23(1) and 24(1) — Convention on the Rights of the Child 1989, art 9(1) and (4).

Immigration — Removal order — Unsuccessful appeal to Minister on humanitarian grounds — Prior to execution of removal order, child born in New Zealand and marriage to mother of child — Whether Minister should have regard to new circumstances in considering whether to execute removal order — Immigration Act 1987, ss 63, 63C(2) (a) and 130.

International law — International covenants and conventions — Whether Minister of Immigration entitled to ignore international instruments to which New Zealand a party — Observations as to bearing of international human rights and instruments declaring them on domestic law — International Covenant on Civil and Political Rights 1966 - Convention on the Rights of the Child 1989.

Infants and children — Child welfare — Removal from New Zealand of father of New Zealand born child — Whether Minister of Immigration required to take into account basic rights of the family and of the child — International Covenant on Civil and Political Rights 1966, arts 23(1) and 24(1) - Convention on the Rights of the Child 1989, art 9(1) and (4).