It is important that the Māori 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 Māori 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 Māori whanau.
The literature review provides a broader context for the individual perspectives recorded in the research by identifying key principles underlying Māori child raising.
The report identifies key principles that could be further explored for better recognising Māori perspectives on guardianship, custody and access, and facilitating more effective Māori participation in Family Court proceedings.
This research provides useful input into the development of policy to better meet the needs of Māori involved in guardianship proceedings and, more broadly, Mäori users of the Family Courts.
Purpose
To provide information on Māori perspectives on guardianship, particularly in relation to custody and access.
To investigate and describe the experiences of Māori applicants, respondents, as well as their wider family/whānau, when they have gone to the Family Court to settle custody and access issues.