Karauna v Karauna [2021] NZFC 3189

Published 21 January 2022

Application for parenting orders — Te Tiriti o Waitangi/Treaty of Waitangi — Takamore v Clarke [2012] NZSC 116, [2013] 2 NZLR 733 — Barton-Prescott v Director-General of Social Welfare [1997] 3 NZLR 179, [1997] NZFLR 642, (1997) 15 FRNZ 501 (HC). This hearing was to determine orders in respect of five children, all siblings. Four of the siblings lived with one caregiver and the fifth sibling lived with another caregiver as had been agreed at a family group conference. Lawyer for child raised concerns that the siblings were being raised separately, and also about the lack of information around the second caregiver's partner. The fifth sibling was clear that she wanted to live with her current caregiver. The Judge noted that the current arrangement was reflective of Māori tikanga, where children are raised by wider whānau and not just the biological parents. As such the Judge granted orders as sought, which upheld the existing arrangement with agreed contact between the children and caregivers, and permitted supervised contact with the parents. The Judge also made an order appointing the caregivers as additional guardians of all five children. Judgment Date: 8 April 2021. * * * Note: names have been changed to comply with legal requirements. * * *