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Note:

These pages contain material published before October 2003 by the Department of Courts and the previous Ministry of Justice.

 

Foreword

He whakatauaki: "Ka mate kainga tahi, ka ora kainga rua"1

E nga mana, e nga reo, e nga karangatanga maha,
tena koutou, tena koutou, tena koutou katoa.

E nga mate - haere, haere, haere.
I roto i te ripoata e whai ake nei i puta ake etahi o nga korero i te ao Maori.

It is important that the Maori perspective is taken into account when family law policy and Family Courts processes are being developed. The Ministry of Justice and the Department for Courts accordingly commissioned this research as part of the review of the Guardianship Act 1968. The objective of the research was to provide information on the experiences of Maori whanau and individuals when they engage with the Family Courts over matters of guardianship, custody and access.

The research involved a small number of kanohi ki te kanohi (face-to-face) interviews with whanau who have been involved in guardianship proceedings. It also included interviews with legal counsel and social service providers involved in the Family Courts. From these interviews valuable insights are gained about the impact of the guardianship, custody and access arrangements on Maori whanau.

The literature review provides a broader context for the individual perspectives recorded in the research by identifying key principles underlying Maori child raising.

The report identifies key principles that could be further explored for better recognising Maori perspectives on guardianship, custody and access, and facilitating more effective Maori participation in Family Court proceedings.

This research provides useful input into the development of policy to better meet the needs of Maori involved in guardianship proceedings and, more broadly, Maori users of the Family Courts.

 
Belinda Clark Wilson Bailey
Secretary for Justice Chief Executive
Department for Courts

1 He whakatauaki: The proverb can literally mean "When one home disappears another is created." In the context of this project this proverb can mean one of the following: moving from one home to another, a renewal of circumstances, or exchanging one life for another.

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