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Greenwood v Ngaio [2021] NZFC 11926

Published 07 October 2024

Parenting orders — guardianship — relocation — schooling — papakāinga — Care of Children Act 2004 ss 4, 5, 6 & 46R — S v O [Relocation] (2005) 25 FRNZ 259, [2006] NZFLR 1(HC) — P v P FC Gisborne FAM-2008-016-109, 12 February 2009 — Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1, (2010) 28 FRNZ 483 — B v K [2010] NZCA 96, [2010] NZFLR 865 — Clapham v Clapham [1993] NZFLR 408 — Brown v Brown (1987) 1 FRNZ 355. The parties were the separated parents of two children. The mother was Māori and the father was Pakeha, and they had been living in the Auckland area. The mother had intended to relocate herself and the children to their papakāinga (ancestral home) in order to be closer to their whānau, immerse the children in te ao Māori and to reinforce their knowledge of tikanga and Māori values. The father opposed the proposed relocation, reasoning that the decision to relocate was largely for the benefit of the mother, and risked harm to the children in terms of their relationship with him. He recognised the importance of the children's connection with whānau, hapu and iwi, but argued that these relationships were already strong and could be maintained through spending weekends and holidays with the mother at their papakāinga, and that he could support the children's knowledge of tikanga and te reo through full immersion schools in Auckland. The Court found at the children's current age and development it was an important time in their lives to fully immerse themselves in te ao Māori. The benefits of relocating to their papakāinga outweighed the detriment of moving away from their father. The relationship between the father and the children was strong and could be maintained through ordering regular contact supplemented by electronic contact. The Court ordered that the children relocate with the mother to their papakāinga and attend the full immersion school there until the end of year 8, whereupon they could have a part in deciding where to attend high school. Judgment Date: 29 November 2021. * * * Note: names have been changed to comply with legal requirements. * * *