INTRODUCTION

New Zealand is a small South Pacific nation with a population of 5 million people. The majority of the population is of European descent (70%), with indigenous Māori being the largest minority (16%), followed by Asians (15%) and Pacific Islanders (9%). There are 1,124,000 children aged 0 – 17 years, comprising 23% of the population.

New Zealand was settled from islands in the tropical Pacific around 750 years ago and later mapped by the British explorer James Cook in 1769 – 1770, leading to colonisation by Britain from the 18th century. Constitutionally, New Zealand began as an extension of the Australian colony of New South Wales, but became a separate colony in 1841 after the Treaty of Waitangi 1840 was signed between the British Crown and Māori Chiefs. Indigenous rights stemming from this Treaty, which value Māori tamariki (children) as taonga (treasures), are central to New Zealand's contemporary social, cultural and economic development and have significantly influenced legal developments over the past half-century. The New Zealand Parliament (the House of Representatives) has jurisdiction over all aspects of law nationally. The jurisdiction of the Family Court, introduced in 1981 as a specialist court, also extends across the entire country. A range of dispute resolution processes is available within the Family Court and, since extensive reforms in 2014, out of court as well (primarily through Family Dispute Resolution (FDR) mediation).

Almost half of all divorces in New Zealand involve children. In 2018, the Family Court granted divorces to 7,455 couples, affecting 5,598 children under 17 years of age. This was 7.7 divorces for every 1,000 estimated existing marriages and civil unions. The number of children affected by the separation of parents in de facto relationships is unknown, but the separation rate for de facto relationships is thought to be higher than the divorce rate.

Guardianship is the legal concept setting out the duties, powers, rights and responsibilities that a parent of the child has in relation to the upbringing of the child. Guardians must act jointly, by consulting wherever practicable with the aim of securing agreement, regarding important matters affecting the child. When parents separate, then day-to-day care (who the child will live with) and contact (when the child will see, stay or talk with their non-resident parent) needs to be determined.