It seems obvious that if a maori child is removed from its maori family as it is in danger, then its extended family has already not played a responsible roll so the state quite rightly steps in. The state intervention in such matters is a last resort and probably seldom satisfactory but at least gives the child a better chance with any person of any ethnicity to have a decent life. The idea that a child has to go back to a family of its own ethnicity when that outfit has already failed is bizzare and dilusional.
Thanks Gary for a most interesting technical analysis. Perhaps a bit simplistic but where does the Treaty of Waitangi state or imply any need to have regard to mana tamaiti (tamariki) and the whakapapa of Māori children? This itself sees like a significant interpretive overreach.
In making decisions about a child's current treatment and future, their ethnic, cultural and religious background should surely be considered as appropriate in context on a case by case basis intrinsic to the social work role, preferably without needing any specific legislative directive to do so, let alone a directive just related to Māori.
It seems obvious that if a maori child is removed from its maori family as it is in danger, then its extended family has already not played a responsible roll so the state quite rightly steps in. The state intervention in such matters is a last resort and probably seldom satisfactory but at least gives the child a better chance with any person of any ethnicity to have a decent life. The idea that a child has to go back to a family of its own ethnicity when that outfit has already failed is bizzare and dilusional.
An excellent assessment of the legal position, Gary. Cool heads are thin on the ground these days. Thankfully, you are one.
Thanks Gary for a most interesting technical analysis. Perhaps a bit simplistic but where does the Treaty of Waitangi state or imply any need to have regard to mana tamaiti (tamariki) and the whakapapa of Māori children? This itself sees like a significant interpretive overreach.
In making decisions about a child's current treatment and future, their ethnic, cultural and religious background should surely be considered as appropriate in context on a case by case basis intrinsic to the social work role, preferably without needing any specific legislative directive to do so, let alone a directive just related to Māori.
Agreed.