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Chief Executive of Oranga Tamariki v Ngaire [2022] NZFC 4502

Published 24 May 2024

Permanent placement — special guardianship — protection order — care and protection — reserved judgment — Oranga Tamariki Act 1989, ss 5, 13, 78, 87, 101, 110, 113A & 187 — Care of Children Act 2004, ss 15, 16(5) & 139A — Chief Executive of the Ministry for Vulnerable Children v Grant Shepherd [2018] NZHC 1260 — SA v AA [2017] NZFC 9689, [2018] NZFLR 674 — McHugh v McHugh [2022] NZHC 1174 — E v Chief Executive of the Ministry of Social Development [2007] NZCA 453, [2008] NZFLR 85 — Chief of Executive of Oranga Tamariki v BH [2021] NZFC 4090, [2021] NZFLR 216. The applicants sought for their appointment as additional and special guardians over the children. The respondent mother opposed this application and disclosed that in the long term she hoped the children would be returned to her care. The respondent father had scarce contact with the children but maintained that the guardianship should remain with the respondent mother. The applicants had a whangai relationship with the respondent mother and the children had been in the care of the applicants since shortly after their birth. There was a protection order against the respondents by the applicants due to previous violent behaviour. The respondent parents had history with drugs and not being able to meet their visitations times. The applicants were granted the special guardianship with all the day to day care decisions. Judgment Date: 2 August 2022. * * * Note: names have been changed to comply with legal requirements. * * *