The Family Policy Framework
Children and young people in New Zealand grow up in a diverse range of family relationships, which increasingly undergo changes to their original structure. Extended family and significant other caregivers often play a central role in the raising of children. There is, however, little recognition or legal protection for different family arrangements and the important roles played by wider family members in the lives of children and young people. Nor does the current law adequately reflect the importance to Maori and to Pacific people of their cultural values and approaches to raising their children which impact on the welfare of their children.
Family relationships are also a very important factor in children and young people s wellbeing, socialisation and development. It is through family relationships that cultural values, attitudes and practices are most effectively transmitted. It is therefore important to develop strong relationships between children and their parents, and amongst those who care for children and young people. This can be encouraged through promoting positive parenting, and increasing parenting skills and relationship support. Legal frameworks are also important because they set out the rules and processes to help families deal with problems when relationships break-down.
Under our law the welfare of children and young people is of paramount importance. The rights, interests and responsibilities of children and young people, their parents and other family members, are defined, and given effect to, in different ways in the different cultures that make up New Zealand society. The differences, particularly for Maori and Pacific peoples, need to be recognised.
The Treaty of Waitangi must be a fundamental reference point for the development of family policy in New Zealand.
New Zealand also has international obligations and commitments that need to be recognised in the context of child and family policy. The principles of the United Nations Convention on the Rights of the Child (UNCROC) ensure that the best interests of the child are of primary consideration (see Appendix 2).
The Government's goals for child and family policy therefore include:
- enhancing the wellbeing of children and young people, maximising their opportunities, recognising their rights and interests;
- supporting parents and others in carrying out their responsibilities to their children;
- providing a policy and legal framework which allows for the diversity of family types and cultural beliefs and practices; and
- providing a policy and legal framework which facilitates the range of ways in which parents and others carry out their responsibilities to their children.
The review of the Guardianship Act is part of this overall child and family policy to increase opportunities for all children, and to strengthen relationships within families. There are also other initiatives in progress, for instance, the Law Commission is presently conducting a review of adoption laws and is expected to provide a final report in August/ September of this year. A select committee review is to be undertaken, with the Law Commission s final report as its primary focus.
