Application for guardianship orders — special guardianship — permanent placement — wellbeing and best interests — Māori child — mana tamaiti — whanaungatanga — whakapapa — Te Tiriti o Waitangi/Treaty of Waitangi — Care of Children Act 2004, ss 16, 26, 31 & 33 — Oranga Tamariki Act 1989, ss 2, 4, 4A, 5, 13, 78, 113A, 113B, 110, 121, 128 & 135 — Vulnerable Children's Bill 2013 (150-1) (explanatory note) — Vulnerable Children’s Bill: Specific care and protection legislative changes (Ministry of Social Development, Regulatory Impact Statement, 2013) — United Nations Convention on the Rights of the Child — Chief Executive v BH [2021] NZFC 210. This was an application by two caregivers of a child for special guardianship orders in their favour, as well as an order changing the child's surname to their surname. The applicants also sought discharges of the custody and additional guardianship orders in favour of the Chief Executive of Oranga Tamariki ("the Chief Executive") and the interim guardianship order in favour of the Court. The child was subject of a care and protection declaration and had been in the applicants' care since birth. Scheduled contact with the child's mother had been in place but had since stopped due to the mother being unreliable in committing to the visits. A referral had been made to the Kaitiaki Team to investigate the child's whakapapa; to locate the child's whānau, hapū and iwi connections with the aim of placing the child in their care. If that was not a realistic outcome in the circumstances, gathering information to enable the child to acknowledge and strengthen their Māori identity was to be undertaken. The Judge considered the principles under ss 5 & 13 of the Oranga Tamariki Act ("OTA") as well as the explanatory note and departmental regulatory impact statement to the Vulnerable Children's Bill, and noted that in order to ensure the Court's compliance with the paramountcy principle, consideration must be given to the customary principles in the OTA. This was to be done by acknowledging and demonstrating an understanding of those principles; ensuring adequate whakapapa research has been undertaken; considering how the principles can be honoured in a practical sense for the child; and where the principles cannot be honoured in a practical sense, other guardianship solutions must be found. Having regard to this approach, the Judge concluded that due to the parents' non-participation, making a guardianship order in favour of the child's caregivers would promote the child's wellbeing and best interests. The Judge discharged the orders in favour of the Chief Executive and the Court, and made an additional guardianship order in favour of the applicants, with specific rights in relation to the child. The natural guardianship of the mother was to be maintained and all other decisions in relation to the child would involve joint consultation. The Judge also granted the order to change the child's surname.