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New Zealand Police v GB [2022] NZFC 11766

Published 12 December 2023

Application for custody order — care and protection — "crossover kid" — mana tamaiti — whanaungatanga — whakapapa — Oranga Tamariki Act 1989, ss 4, 4A, 5, 7AA, 13, 14, 29, 29A, 30, 68, 70, 72, 73, 78, 83, 86, 87, 91, 92, 95, 96, 97, 99, 101, 102, 110, 113A, 121, 128, 129, 130, 134, 139, 140 & 187 — Te Tiriti o Waitangi / Treaty of Waitangi — United Nations Convention on the Rights of the Child — UN Convention on the Rights of Persons with Disabilities — Chief Executive of Oranga Tamariki v MQ [2021] NZFC 9089 — C v G [2012] NZHC 1271 — R v Rawiri, HC Auckland T014047, 3 July 2002 — Tavita v Minister of Immigration [1994] 2 NZLR 257 (CA) — New Zealand Airline Pilots Association Inc v Attorney-General [1997] 3 NZLR 269 — Pouwhare v R [2010] NZCA 268, (2010) 29 CRNZ 868 — TUV v Chief of New Zealand Defence Force [2022] NZSC 69 — NZ Police/Oranga Tamariki v LV [2020] NZYC 117 — Chief Executive of Oranga Tamariki v BH [2021] NZFC 210, (2021) 32 FRNZ 810. This hearing was to determine which order to make in respect of a 15 year old child. Oranga Tamariki sought a support order; the New Zealand Police and the child's lawyer sought a custody order. The child faced criminal proceedings in the Youth Court, and was the subject of an interim custody order. The Oranga Tamariki Act requires a family group conference (FGC) to take place in order to proceed with final custody applications. The FGC occurred, followed by a cultural report. The Judge raised concerns with the delay in receiving the cultural report and the report not taking the child's whanaugantanga and whakapapa into adequate consideration. The Judge adjourned the proceedings to allow for an updated social work report and plan to be prepared. The order that would be made to support the plan would be a support order. Until then the interim custody order was to remain in place. Judgment Date: 7 December 2022. * * * Note: names have been changed to comply with legal requirements. * * *