Statement of Te Hunga Rōia Māori o Aotearoa on Te Taniwha I Te Ao Ture-Ā-Whānau - Whānau Experience of Care and Protection in the Family Court report
Māori Law Society supports report on tikanga and Te Tiriti approaches in the Family Court
Today Te Taniwha I Te Ao Ture-Ā-Whānau report has been released. Te Hunga Rōia Māori o Aotearoa – The Māori Law Society welcomes the report and strongly
supports the recommendations made.
The report covers experiences of whānau Māori in Family Court proceedings throughout Aotearoa under the care and
protection provisions of the Oranga Tamariki Act 1989. Care and protection proceedings involve decisions about the risk
of harm to children and young people, including whether they should be taken into state care. “The personal stories
shared in this report shines a light on the lived experiences of whānau Māori in our judicial system, in particular the
Family Court jurisdiction,” says Stephanie Northey, Family Law Section representative for Te Hunga Rōia Māori. “The
reports highlights the need for whānau-centered and tikanga Māori based approaches in order to bring about opportunities
for transformative change. It also provides very practical and tangible options that provide a way forward through
solutions that embrace the partnership envisaged by Te Tiriti o Waitangi.”
The report proposes three options towards transformational change. The first focusses on changing the behaviour of the
Judiciary and professionals involved in the Justice System. This Includes ensuring the attainment of a sound knowledge
of Tikanga and te reo Māori as non-negotiable for professionals working In the Family Court. The second option is to
hold Family Court proceedings on a Saturday which allows for more whānau to attend and be part of the solution. The
third proposal which requires the Government, Iwi and the community to establish a board, comprising at least 50 per
cent Māori members, that will facilitate care and protection proceedings in place of the Family Court.
Te Hunga Rōia Māori strongly supports the report’s options for change. “Time for change is upon us. Māori are
disproportionately represented throughout the Justice System in Aotearoa. Tamariki Māori make up only 25% of all
children in Aotearoa, however, they represent 68% of the children in state care,” says Ms Northey. “We cannot ignore the
grim statistics any longer and immediate action must be taken to rectify this situation for tamariki Māori and our
whānau. Whānau have spoken and provided very clear feedback that the current Family Court system is not working and have
provided recommendations which must be implemented.”
About us
Te Hunga Rōia Māori o Aotearoa, the Māori Law Society, was formally established in 1988. Since then, the Society has
grown to include a significant membership of legal practitioners, judges, parliamentarians, legal academics, policy
analysts, researchers and Māori law students. The vision for Te Hunga Rōia Māori is Mā te Ture, Mō te Iwi – By the Law, For the People.