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Chief Executive of Oranga Tamariki v EA [2021] NZFC 1911

Published 15 June 2023

Access order — permanent placement with access issues — custody order — additional guardianship order — United Nations Convention on the Rights of the Child, art 12 — Oranga Tamariki Act 1989, ss 4A, 5, 6 & 13 — Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017. The applicant Chief Executive sought a review of the social worker's plan for the young person's placement, which had been opposed on the young person's behalf by the lawyer for the young person. The plan had initially provided for the young person's return to whānau custody, but the young person wished to remain in his current placement to preserve a significant relationship with his younger sibling and maintain consistency in his own school and sporting endeavours. The Judge recognised that fostering relationships with both sides of the young person's whānau was an important consideration in accordance with s 4A of the Oranga Tamariki Act, but concluded that remaining in his current placement was in the young person's best interests and gave effect to his rights as enshrined in art 12 of UNCROC. Remaining in his current placement would also allow the young person to remain connected with his brother and one side of his whānau. The Judge made a new access order to facilitate frequent contact between the siblings, and a continuation of the custody order to allow the young person to remain in his current placement for the time being. Judgment Date: 2 March 2021 * * * Note: names have been changed to comply with legal requirements. * * *