The cultural background of a child is significant and the special position of a child within a M ori wh nau imports cultural and spiritual concepts which must be kept 'in the forefront of the mind' of persons making decisions child's future. The lower court judge had properly accepted that an inquiry into tikanga M ori was necessary when considering the welfare of the child, but not necessarily decisive. In certain situations tikanga could point one way and the child's welfare another. A balancing of factors is required. It is not helpful to consider the question in terms of primary or dominant factors.
Few cases involving children are as clear as that.
Here the appellant was particularly concerned with preservation of the family context and input. The appellant had an idealised view of the obligations and supportive responsibilities of the wh nau. While many wh nau exemplified that view, there are dysfunctional wh nau, as there are dysfunctional families in other communities. Circumstances might also thwart the nurturing intentions of a wh nau. A case by case approach is required, considering the particular child in the particular wh nau.