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Chief Executive of Oranga Tamariki v M [2019] NZFC 10804

Published 21 February 2022

Guardianship dispute — specific guardianship order — medical decisions — vaccination — Oranga Tamariki Act 1989, ss 67, 101, 110, 112 & 121. This hearing was to determine an application by the Chief Executive of Oranga Tamariki (OT) for orders in respect of a child. The child had been deemed in need of care and protection, and OT now sought a custody order, an additional guardianship order and a specific guardianship order in relation to medical matters. In relation to the specific guardianship order the main issue was whether the child should receive vaccinations. The father opposed vaccinating the child but the mother did not. The Judge considered evidence from the child's paediatrician and national and international health organisation advice, and determined that it was appropriate, if not essential, for the child to be vaccinated in line with the immunisation schedule. The Judge made the custody order and additional guardianship order in favour of OT, and an access order in favour of the respondent father. Judgment Date: 19 December 2019. * * * Note: names have been changed to comply with legal requirements. * * *