Summarised by Centrist
A High Court judge has sharply criticised Oranga Tamariki for prioritising racial and cultural considerations over the psychological welfare of a child in a contentious custody dispute.
The case involved efforts to remove a child from committed foster parents due to their ethnic background, reflecting concerns about the agency’s growing focus on race in placement decisions.
Justice Helen Cull described Oranga Tamariki’s campaign against the foster family as “egregious” and ruled the agency’s approach risked causing further trauma to the child. The judge noted a clear policy shift within Oranga Tamariki that pressured frontline workers to prioritise kinship and cultural matching over established bonds and the child’s best interests.
Critics argue this reflects an overreach of identity politics into social services, where race-based policies undermine stability and fairness. The foster parents were forced to cease care following relentless personal attacks, highlighting the human cost of such policies.
Regarding the award of indemnity costs, Mrs Smith said it “spoke volumes” that such costs were granted, given they are only awarded in “exceptional circumstances.”
She also described how “ongoing personal attacks” made their living situation “untenable,” which forced them to stop being Moana’s foster parents. “I do hope she’s safe and happy wherever she is, because that’s all we ever wanted for her.”
While the girl’s iwi expressed concerns that the Smiths could not meet her cultural needs, the foster parents claimed Oranga Tamariki obstructed their efforts to provide meaningful cultural support.
Read more over at The NZ Herald
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