This paper examines the concept of whanaungatanga in the Family Court, looking specifically at the impact of Family Court decisions upon the care of children. The applicability of whanaungatanga in legislation of the relevant past and present is discussed, and examples of cases are provided that illustrate whanaungatanga. The author posits that cultural considerations, until recently, were not seen as paramount by the legislature when determining matters of custody and guardianship. The Care of Children Act (2004), which provides a consideration of the concept of whanaungatanga, is also discussed. Under this Act, the provision of cultural reports is provided and a discussion on their use as a tool for accommodating whanaungatanga in custody and guardianship issues is given. The author concludes that the provisions of the Care of Children Act will allow for an inclusionary approach to cultural issues concerning the care of children.

New Zealand Family Law Journal 5(6) 2006 : 140-146