New Zealand Law/System/Tavita v Minister of Immigration

Tavita had exhausted appeal rights prior to birth (in NZ) of daughter.

Held, Court of Appeal

  • It is no more than arguable that the Minister, in deciding whether to execute a removal order, is obliged to take into account the interests of the child.
  • Doubtful whether the Minister or the NZ Immigration Service is entitled to ignore international instruments that NZ is a party to.