High Court judge criticises Oranga Tamariki, awards $108,000 to former foster parents

NZ Herald

7 days ago

However, in 2021 Oranga Tamariki decided Moana should be removed from the Smiths and placed with a Māori mother and daughter in Wellington.
The pair, the elderly 'Mrs Taipa' and her adult daughter 'Ms Taipa', were already caring for Moana's younger brother.
Oranga Tamariki has been criticsed by more than one judge over the case. Photo / RNZ
The Smiths successfully contested the bid in the Family Court, with Judge Peter Callinicos ruling in their favour and taking aim at Oranga Tamariki, its chief executive and members of its staff for putting ideology ahead of Moana's best interests, Stuff reported at the time.
The girl's iwi also wanted her removed, telling Stuff they didn't think the Smiths could meet her cultural needs, but the couple claimed Oranga Tamariki had scuttled their attempts to provide cultural support.
Moana had bonded with the Smiths and a new placement risked further psychological trauma, Judge Callinicos said at the time, outlining a plan where all parties could have input into the then 6-year-old's upbringing, including meeting her educational, cultural and health needs.
An appeal to the High Court – made by Moana's mother with the support of Oranga Tamariki – was dismissed in November 2022.
The Smiths subsequently applied for just over $108,000 indemnity costs against Oranga Tamariki.
In a recently released High Court ruling Justice Helen Cull found in the couple's favour.
Although it was Moana's mother who appealed the Family Court decision, Oranga Tamariki had supported her, Cull said.
Fresh allegations were also made that the couple wasn't providing for Moana's cultural needs.
'I accept the Smiths' submission that there was a campaign by OT [Oranga Tamariki] against them to discredit them and this was pursued on appeal.
'The egregious aspect of this approach is that [Oranga Tamariki] continued to discredit and undermine the Smiths on appeal … the Smiths had no other option than to defend themselves in order to continue to care for Moana, to whom they were committed.'
The case was also the principal case on which the amended provisions of the OT Act were considered and interpreted, Cull said.
'It drew significant public attention because a Pākehā couple, who had cared for a Māori child, were under scrutiny for their lack of cultural background and connection.'
It was clear there'd been a policy change within the agency after Moana's placement with the Smiths, which was being driven by the organisation's senior management, she said.
'This led the frontline social workers to prioritise kinship placement over other considerations, such as the psychological attachment of Moana to the caregivers.'
The Smiths stopped being Moana's foster parents after the appeal because 'ongoing personal attacks' made their living situation 'untenable', Mrs Smith told Stuff.
'I do hope she's safe and happy wherever she is, because that's all we ever wanted for her.'
It 'spoke volumes' that indemnity costs were awarded, given they were done so only in 'exceptional circumstances', Smith told Stuff.
Cherie Howie is an Auckland-based reporter who joined the Herald in 2011. She has been a journalist for more than 20 years and specialises in general news and features.