Thursday, September 09, 2021

Judge rules against Oranga Tamariki actions

A Family Court judge ruling on the high profile case involving a Maori child removed from a Pakeha couple who'd been her stable caregivers for three years, has found in their favour.

Very briefly, because you can read the details here, I make one observation.

This is the money quote:

“Until such time as Parliament gives statutory effect that the views of an iwi are the start and end points, the determination must be by reference to the holistic factors in the statutes, which include the taking into account of such important cultural perspectives as part of the matrix of considerations,” [ Judge Peter Callinicos] said.

There's the steer to Maori separatists within parliament.

If you are unhappy with my decision, change the law. 


Dave from New Plymouth said...

This fallout from this case will be interesting going forward. There have also been complaints of judicial independence raised and OT were on the receiving end of some scathing criticism including "failure to appreciate the need for honesty and accuracy when compiling statutory reports". What a shambles of a government department, but is anyone surprised due to its recent changes?

gravedodger said...

What money on it being overturned on appeal?
The Judge better cash his super right now his career is Finito

Lindsay Mitchell said...

Well your half way to winning your bet gravedodger:

The head of Ngāti Kahungunu iwi, Ngahiwi Tomoana, who had supported the Ministry’s application, believed the decision should be appealed.

“The days that judges can tell us we’re not good enough any more are over. This is just another case of other people thinking they know what’s best for Māori,” Tomoana said.

Actually the decision was based on what's best for the child.

pdm said...

Sounds about as good as one would hear from Tomoana - he is an out and out activist for the best for Ngahiwi Tomoana and has been so for about 30 years that I can recall.