Main Study
The Main Study was carried out in two areas. Area 1 was selected based on the significant concentration of Maori population who continue to live in their own rohe. Anecdotal information also suggested that a number of custody and access matters involving grandparents and wider whanau were also common in the area. Area 2 was selected as a court in a large urban area that also has a significant Maori population. Some of this population are the local tangata whenua,15 but a number are second or third generation urban residents whose whanau were part of the post-war urban migration.16
For each area it was envisaged that participants would include:17
- Approximately six Maori applicants and six Maori respondents;
- Approximately 20 wider family/whanau;
- Two lawyers (not necessarily from the same district as the other participants); and
- Other Maori community organisations or professionals with experience in the area.
6.1 Engaging Participants
Concerns about low response rates were discussed with the Advisory Group, and issues pertaining to engaging participants are discussed below.
Engagement with the Family Court over matters of guardianship, custody and access is a stressful experience for most participants. Such matters are perceived as private to the whanau involved, a perception supported by the confidential nature of Family Court proceedings. Carrying out research among Maori participants over such sensitive matters can be particularly difficult because in many iwi/Maori whanau and communities there is an inherent mistrust of 'the system',18 and of research processes.
Based on the low response rate for the Pilot Study, and experience in other projects such as the research associated with domestic violence programmes, low response levels were anticipated for the Main Study. In Area 1 iwi radio was used as a further means of informing people about the research. The panui over radio both invited people to take part in the research, and informed them that some people might get letters from the court inviting them to take part. While only two responded directly as a result of the radio panui, others who did respond commented that they had heard about the research through radio. There were significantly more responses made in Area 1 than in Area 2. This could be attributed to several factors, such as a more stable population base, as well as the radio panui.
Iwi radio was not a viable option for Area 2 due to the radio coverage area. The response rate in Area 2 was very low, with only three initial responses being made to the Court letters. Area 2 has a highly mobile and transient population. Additional participants were gained in Area 2 through counsel and social service providers. They contacted clients, provided them with information about the research and gained permission for the researchers to contact those who were willing to take part.
6.2 Whanau Involvement
A key issue that emerged from the Pilot Study was that those who agreed to take part showed little interest in involving other whanau members in the discussion with the researchers. For some this was because the key support people from their whanau were deceased or lived in another location. It was difficult to tell whether or not a low level of whanau involvement would be evident in the Main Study, as the low number of participants in the Pilot Study meant that trends could not be inferred. Researchers and Advisory Group members discussed this at some length.
The reasons for seeking whanau involvement were twofold. Firstly, it was seen as important that any potential participant be able to identify their sources of support and have this tautoko during the interview process. Secondly, it was hoped that whanau involvement would provide a broader range of insights into the Family Court experience.
Very few of those who agreed to take part in the research wished to engage whanau members in the dialogue with researchers. Where there were other whanau members present, for the most part, they took on a tautoko role. This may also have been because those who responded to the invitation to take part were already highly motivated to do so, and because the letters were addressed to individuals. Several of those who were applicants had senior roles within their whanau, and had previous experience of court systems and processes. In some instances people were happy to talk, but were concerned about confidentiality, or about reopening issues that had either been resolved, or were a continuing source of whanau tension. In other instances, key support people such as parents had passed away.
Given the expectation of a number of whanau interviews set out in the project brief, this was a matter for some discussion between the researchers and the Advisory Group. The reflection and discussion that occurred here centred on the question - what is the tika thing to do in these circumstances?19 Both the researchers and the Advisory Group members agreed that it would be inappropriate to exert influence on participants in order to gain whanau participation. It was also clear that the depth of information provided by participants was such that information needs were being met. Several participants commented that they provided support for other whanau members or within their community when court matters arose, or that they were the people who normally spoke for their whanau on such matters. This was particularly the case for those kuia who had sought custody of mokopuna.
6.3 Interviews with Counsel
A number of Maori counsel were contacted during the course of carrying out the research. Suggestions about possible counsel for interview came from the Advisory Group, Family Court Co-ordinators, Iwi/Maori social service providers and other counsel. Two male and two female counsel were interviewed; with one from the Pilot Study Area, one from Area 1 (rural), and two from Area 2 (urban).
6.4 Interviews with Iwi/Maori Social Service Providers
One interview was conducted with the CEO of an Iwi Social Service organisation, and another with an experienced practitioner in an urban-based social services setting. Both had significant previous experience of statutory social work and working with whanau.
6.5 Literature Review
The literature review is placed before the information from the interviews to provide a context for reflecting on the issues raised in the interviews themselves. The principles pertaining to the care and raising of children identified in the literature review form the basis for the analysis of the issues and themes that emerge from the interviews.
Footnotes
15 Tangata whenua meaning people of the land.
16 See Walker, R. Ka Whawhai Tonu Matou, p197-199.
17 See Project Brief, p2.
18 'the system' can include courts, police, government departments and welfare agencies.
19 Reference to Methodology section, page 9.
