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RLC00

Relocation Cases

NZ $37.50
incl GST
Author(s): Mark Henaghan, Bronwen Klippel, Dugald Matheson
Published: 20 June, 2000
Pages: 76

   

Introduction


Given that New Zealand has been populated by peoples who have had to migrate here it is not surprising that there is some wanderlust in the gene pool and that at any given time there are a large number of New Zealanders who are changing address. The 1996 Census found that more than half of people aged five years and over had lived at their current address for less than five years and almost one in four had lived there for less than a year.

As, in other countries, New Zealand has distinct variations and mobility by age. People in their 20s are the most likely to change their usual residence with more than three in every four having lived at their current address for less than five years. For those aged 20 to 24 years more than half had moved within the last year. After peaking in the 25 to 29 age group mobility levels continued to decline until the oldest ages.

The migration experience of New Zealand’s 16 regions is quite diverse. Between 1991 and 1996 net migration gains were evident in seven of these areas and net losses in the remaining nine. The largest losses occurred in the southern regions of both islands. In the South Island, Southland lost more than 5,000 people while Wellington experienced a similar magnitude of loss. The largest benefactors of migration flows were Auckland and Bay of Plenty in the North Island and Canterbury and Tasman in the South Island.

With around 85% of New Zealand’s population living in urban areas, a great deal of internal migration takes place within and between cities. Of the 1.4M New Zealanders who changed their usual address between 1991 and 1996, 70% were living in main urban areas, 16% in other urban areas and just 40% were living in rural areas at the time of the 1996 Census.

Between 1991 and 1996 there was a significant outflow from urban to rural areas as over 36,000 more people moved in to rural areas than left. Overall, main urban areas lost over 18,000 people through net migration flows, despite gaining population from the smaller urban centres. However, it is also worth noting that net internal migration losses in main urban areas are often offset by the tendency for new immigrations from overseas to settle there.

With the exception of net migration gains to rural areas, the general direction of internal migration flows was from smaller to larger urban areas. Between 1991 and 1996 rural centres lost population to minor and secondary urban areas; minor urban areas lost to secondary and main urban areas; and secondary urban areas lost to main urban areas.

Against that background it is not surprising that practitioners and the courts are being called upon regularly to assist in “relocation disputes”. This Seminar is focused on the needs of family lawyers who are involved in cases concerning the relocation of families both within New Zealand and from New Zealand to elsewhere. This Seminar aims to provide a guide, not only to the principles enunciated by the courts, but also to practical considerations that a practitioner will need to consider in dealing with cases of this nature.

 

Content outline

  • Part 1: Relocation cases - the law
    • Technical issues
    • The New Zealand Court of Appeal and overseas jurisdictions
    • What do judges in fact give weight to?
    • Access - "quality" v "quantity" 26
    • Social science findings
  • Part 2: A practical perspective on relocation cases within New Zealand
    • Venue
    • The application
    • Timing of the application
    • Building the evidentiary basis
    • Access
    • Counsel for child
    • Conduct of  hearing
  • Part 3: A practical perspective on international relocation cases
    • The law
    • Categories of international relocation cases
    • Practical considerations
    • Factors to be considered by the Court
    • Consistency of evidence
    • Burden of proof 
    • Check list of content to be included in primary affidavit
    • Role of counsel for child
    • Additional evidence
    • Psychological perspectives
    • Court orders and enforcement
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