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Guardianship, Custody and Access: Maori Perspectives and Experiences

NCJ Number
198431
Author(s)
Di Pitama; George Ririnui; Ani Mikaere
Date Published
August 2002
Length
118 pages
Annotation
This research -- commissioned by New Zealand's Ministry of Justice and the Department for Courts as part of the review of the Guardianship Act 1968 -- presents information on the experiences of Maori whanau (kin group) and individuals when they engage with the family courts over matters of guardianship, custody, and access.
Abstract
The research involved a small number of 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, insights were gained about the impact of the guardianship, custody, and access (a non-custodial parent's access to his/her child). A literature review provides a broader context for the individual perspectives by identifying key principles that underlie Maori child-raising. These principles are the significance of whakapapa (genealogy); children belong to whanau (kin group), hapu (extended kin group), and iwi (descent group that consists of many hapu); rights and responsibilities for raising children are shared; and children have rights and responsibilities for their whanau. The single most pressing issue of concern for those who went to court was not being able to have whanau support in the courtroom; being alone in the courtroom was viewed by most Maori as alienating. An emphasis on sharing the rights and responsibilities for child-rearing represents the availability of a range of skills and resources to the child. These skills and resources will not necessarily be present in a nuclear family. This has significant implications for involving a wider range of whanau members in decision-making about the care of children and for ensuring that access arrangements reflect this shared responsibility. Those whanau members who assumed the care of children with serious abuse histories all indicated their need for professional support and guidance in caring for the children. The literature review described the family court for Maori as "intimidating, individualized, monocultural." In the current research, interviews with counsel tended to support this view; however, all counsel interviewed indicated that some judges and court staff were responsive to Maori needs. All counsel emphasized the key link between quality of representation and client satisfaction. Among the recommendations from the research are that there be consistency across family court legislation in recognizing Maori principles that pertain to the care and upbringing of children; that legislation provide for wider whanau participation in family court processes; the early use of whanau hi and mediation; and provision for whanau hi after proceedings have been completed. Recommendations are also offered for improving the cultural sensitivity of court personnel. A glossary of Maori terms is provided.