27 Oct 2022
WAITOMO PAPAKĀINGA DEVELOPMENT SOCIETY INC v TE KŌTI WHĀNAU KI KAITAIA (FAMILY COURT AT KAITAIA) [2022] NZHC 2792
- Citation
- [2022] NZHC 2792
- Court
- High Court
The Family Court's directions were unlawful and quashed: the Court made directions without giving Waitomo a proper opportunity to be heard, failed to take into account mandatory tikanga and Treaty-based partnership considerations relevant to s 396 providers and kaitiaki whānau, and misdirected itself about the respective roles of lawyer for child, Oranga Tamariki and a s 396 provider; lawyer for child must meet the child and report views but was not shown to require a home visit or contact with caregivers where the child is in day-to-day care of a s 396 provider that assesses and monitors car…