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You are here: Home Publications Previous publications 2002 Guardianship, Custody and Access: Maori Perspectives and Experiences (August 2002) Interview with a Maori Social Service Provider
Note:

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

 

Interview with a Maori Social Service Provider

The social service provider interviewed is an experienced provider who has a background in statutory social work. The social services agency he now works with provides a comprehensive range of services for whanau and is based in a large urban centre. The majority of the client base is Maori. The agency receives referrals from Child Youth & Family Services and is approved to provide programmes for both respondents and protected persons under the Domestic Violence Act 1995. In addition, the agency receives a number of self and community referrals. The agency has a strong kaupapa Maori base to service delivery and several highly-skilled Maori practitioners, including social workers and therapists, some of whom are bilingual. The programmes offered meet the requirements of Regulation 27 of the Domestic Violence (Programmes) Regulations 1996 for programmes:

Designed for Maori or that will be provided in circumstances where the persons attending the programme are primarily Maori.

The interviewee conducts assessments and induction for men referred to the agency, including those by CYFS and those referred to the DVA respondents programme.162 A primary issue of concern for many of the men is the issue of access.

What I find with a lot of them is they don't understand what they have been given. They know they have abused their partner and they have this protection order out against them and a lot of them just think - oh I can't have contact with her. Some of the guys say - how come it covers the children? I have only done that to my partner. They can't understand why it protects the children too.

A key part of working effectively with those men who are respondents to protection orders is providing them with good information about the relationship between the order and the possible impact of this on their access and custody. Few of the men they work with have good communication with counsel, and few understand the limitations imposed by supervised access requirements. In the experience of the interviewee, this often results in

a scenario where a respondent will go behind his partner's back to go to the kids. There is no communication, he will just turn up - just do it anyway.

A primary motivation for many men to participate in and complete a DVA programme is the possibility of improving their access options. Under S16(5)(h) of the Guardianship Act, the Court shall regard 'any steps taken by the violent party to prevent further violence occurring' when considering matters of custody and access. Attendance at a stopping violence programme is frequently seen by the Court as an appropriate step towards preventing further violence occurring.163 

The agency provides whanau with opportunities for whanau hui and reconciliation that focus on safety and managing long-term relationship issues. In their experience, ties of whakapapa and whanaungatanga mean that both biological parents and wider whanau place high importance on remaining in contact with tamariki-mokopuna, and there is often a need for facilitated hui and support to ensure that this occurs safely. The provider interviewed considered that there was a lack of recognition of these whanau dynamics in the current legislation.

10.1 Summary

The Maori service providers interviewed are working in very different contexts. The first interview is illustrative of the roles that an Iwi Social Service carries out and the importance of whakapapa as a principle that is applied in service delivery.

The second service provider works with respondents whose involvement with Family Court in relation to custody and access matters is frequently initiated by a protection order. The granting of a protection order means that the Family Court must be satisfied that children and young persons will be safe with the violent parent, and therefore the Court must consider issues of custody and access. Frequently this means that access is only allowed to occur under supervision. As indicated by the service provider, respondents often struggle to understand this, particularly if they have not been actively violent to their children.


Footnotes

162 Under S32 of the Domestic Violence Act 1995 On making a protection order, the Court must direct the respondent to attend a specified programme, unless the Court considers that there is a good reason for not making such a direction.

163 Under S16( 5)( h) of the Guardianship Act, the Court shall regard 'any steps taken by the violent party to prevent further violence occurring' when considering matters of custody and access.

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