IN-CONFIDENCE
OIA-CE-2024-02411
29 July 2024
Paul King
[FYI request #27324 email]
Tēnā koe Paul
Thank you for your email, received on 21 June 2024, to Oranga Tamariki—Ministry for
Children (Oranga Tamariki) requesting information on the legal basis for visitation
arrangements. Your request has been considered under the Official Information Act 1982
(the Act).
You have requested:
•
Can you please tell me what Act and section of that Act in New Zealand Law
that the Ministry of Children is using to force some fathers to share their visits
with their children with their ex-wife? I need to know the exact Act and Section
of that Act that the Ministry of Children is using to justify this situation.
•
I have an example of this happening and I cannot find any section of our Law
which entitles the department to force this situation on the father. Please
confirm that you know this is happening? If you do not know it is happening
then please state that in your answer you do not know it is happening. If you
also believe it would be unlawful then please state that in your answer.
•
Divorce law and practice would suggest that this situation should not be forced
on the parents. Please supply at what level of the Ministry of Children this
decision is being taken and by whom?
•
If you do not answer this question I wil file in the Family Court to have the
question answered and your lack of an answer under the OIA wil form part of
the evidence for that filing.
•
If you refuse the information and there has to be further costs in the Family
Court then I wil be asking for the Ministry to pay these costs due to their refusal
to supply the information required by law in a timely manner.
•
Please supply the number of instances the Ministry of Children knows are
being forced into this situation for the Family Court to address as I am sure the
Ministry wil not want to be acting unlawfully.
On 1 July 2024, you sent the following clarification for your request:
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IN-CONFIDENCE
In response to your request for specific information regarding a particular case, I
must clarify my initial inquiry. I sought general information about the legal basis for
a situation where a father, who is an ex-husband, is being compelled to share his
visitation time with his children with his ex-wife.
Specifically, I would like to understand which law or regulation mandates this
arrangement.
I believe it is unnecessary to provide the specific names of the individuals involved
for you to offer the relevant OIA information. Additionally, I am hesitant to disclose
any names due to concerns about potential repercussions for the parents involved,
as the Ministry of Children has mandated this outcome.
Sections 5, 7, and 13 of th
e Oranga Tamariki Act 1989 impose obligations on Oranga
Tamariki to facilitate contact and strengthen family relationships for tamariki we are
involved with, but we cannot and do not oblige parents to take actions regarding contact.
Generally, the Family Court sets out access or imposes conditions under the Care of
Children Act 2004 (includi
ng section 48) or the Oranga Tamariki Act 1989 (including
section 121).
Typically, Oranga Tamariki wil not have any involvement in contact arrangements for
children who are not in the care or custody of Oranga Tamariki. Oranga Tamariki only
has involvement in contact arrangements for children who are not in the care or custody
of Oranga Tamariki in particular circumstances, and generally where there are concerns
about the safety or wellbeing of a child. For example, Oranga Tamariki may be involved
in wardship arrangements where we are tasked with taking specific actions as directed
by and on behalf of the Court, or in developing Family Group Conference plans that
include contact arrangements as part of the agreed plan to respond to care or protection
concerns. In both cases, Oranga Tamariki would not be able to force parents to comply
with the arrangement.
The Family Court may at times seek advice or reports from Oranga Tamariki under
sections 131A and 132 of the Care of Children Act 2004 respectively, to help inform
decisions on applications before the court. Section 131A requires us to provide brief
written advice about the nature and extent of any involvement we have had with the
parties. Section 132 requires us to provide a report on an application for guardianship of
a parenting order. You can find out more about this here:
•
Family Court | Practice Centre | Oranga Tamariki
•
Information to the Family Court – section 131A | Practice Centre | Oranga Tamariki.
You can find out more about how we fulfil our obligation under sections 5, 7 and 13 to
facilitate contact and strengthen family relationships for tamariki who are in the care or
custody of Oranga Tamariki on the Oranga Tamariki website here:
•
Whānau connections
•
Supporting whānau connections | Practice Centre | Oranga Tamariki
In relation to the specific example you raise, I am not able to comment further without
knowing the specific circumstances. Where Oranga Tamariki have a role in faciliating
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IN-CONFIDENCE
access for parents or whānau the exact nature of those arrangements, including who
would be present, wil depend on the unique situation of the child, their whānau and the
reason Oranga Tamariki is involved. If you have a specific situation that you would like
us to look into, I would be happy to arrange for this to be independently reviewed through
our complaints team.
Oranga Tamariki may make the information contained in this letter available to the
public by publishing this on our website with your personal details removed.
I trust you find this information useful. Should you have any concerns with this response,
I would encourage you to raise them with Oranga Tamariki. Alternatively, you are advised
of your right to also raise any concerns with the Office of the Ombudsman. Information
about this is available at
www.ombudsman.parliament.nz or by contacting them on 0800
802 602.
Nāku noa, nā
Nicolette Dickson
Te Tumu Tauwhiro | Chief Social Worker
Deputy Chief Executive | Professional Practice
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