One example of test litigation:
Exploration of civil and criminal liability of social workers under the Oranga Tamariki Act 1989
NEWS MEDIA
Unjustified uplift based on mistaken identity
https://www.nzherald.co.nz/nz/oranga-tamariki-blunder-mother-wrongly-accused-of-being-unfit-rejects-50000-compensation-offer/65TLACEI3QDSEXTRTEZJOECURU/
On Oranga Tamariki Unjustified Uplifts - Ex gratia payments:
https://www.newsroom.co.nz/investigations/ot-approves-payment-after-newsroom-investigation
On Oranga Tamariki Uplifts:
https://www.newsroom.co.nz/investigations/plea-for-help-then-descent-into-hell
On Oranga Tamariki Uplifts:
Family Court: https://www.newsroom.co.nz/the-young-barrister-taking-on-the-family-court
On Oranga Tamariki Uplifts:
Family Court: https://www.newsroom.co.nz/charges-sought-over-psychologist-social-worker
https://www.nzherald.co.nz/nz/oranga-tamariki-blunder-mother-wrongly-accused-of-being-unfit-rejects-50000-compensation-offer/65TLACEI3QDSEXTRTEZJOECURU/
On Oranga Tamariki Unjustified Uplifts - Ex gratia payments:
https://www.newsroom.co.nz/investigations/ot-approves-payment-after-newsroom-investigation
On Oranga Tamariki Uplifts:
https://www.newsroom.co.nz/investigations/plea-for-help-then-descent-into-hell
On Oranga Tamariki Uplifts:
Family Court: https://www.newsroom.co.nz/the-young-barrister-taking-on-the-family-court
On Oranga Tamariki Uplifts:
Family Court: https://www.newsroom.co.nz/charges-sought-over-psychologist-social-worker
ORANGA TAMARIKI LITIGATION AND COST
When can children be uplifted?
The uplifting of children, particularly the without notice uplifting of children, must only occur in New Zealand in circumstances of imminent danger, where there is serious and present risk of harm. Anything less than this is questionable and should be reviewed by a civil or public litigation barrister.
The uplifting of children, particularly the without notice uplifting of children, must only occur in New Zealand in circumstances of imminent danger, where there is serious and present risk of harm. Anything less than this is questionable and should be reviewed by a civil or public litigation barrister.
Cost of Oranga Tamariki litigation
Hard fought Oranga Tamariki litigation is extremely resource heavy and time intensive. I am not a legal aid barrister so I cannot conduct this litigation legally aided. Only in the most extreme cases would I consider seeking a limited legal aid approval. However, what I offer most litigants from time to time, is a monthly discounted fixed fee for work performed in the Family or High Courts.
I am private counsel, and these types of challenges can cost up to and beyond $100,000 before we even get to filing claims in Court. These legal fees are out of reach of nearly all whanau I have come across who have meritorious cases. This is why I offer you a discounted fixed monthly fee at a rate that is affordable for you and agreeable for myself and my practice.
If the circumstances indicate there are potential breaches of statutory duties by social workers under the Oranga Tamariki Act 1989 or breach of the Bill of Rights Act 1990, then it may be necessary to seek civil remedies against social workers personally, in addition to the Attorney-General (who is sued on behalf of the Chief Executive of Oranga Tamariki). High Court litigation will also be charged to you at a discounted fixed monthly fee in addition to the fee for Family Court litigation.
Counsel for Child under the Oranga Tamariki Act 1989
Counsel for Child must be culturally appropriate under the Oranga Tamariki Act 1989. Empirically, I have noted many whanau that suffer an uplift are Maori. It is important Counsel for Child can perform their role in relation to the subject children in a culturally appropriate manner. If they have not been, you should not hesitate to apply to have their appointment judicially reviewed. You will need a civil or public litigation barrister to advise you on this.
I was the first barrister in New Zealand to highlight section 159(2) of the Oranga Tamariki Act 1989 which deals with the appointment of Counsel for Child in care and protection matters.
Hard fought Oranga Tamariki litigation is extremely resource heavy and time intensive. I am not a legal aid barrister so I cannot conduct this litigation legally aided. Only in the most extreme cases would I consider seeking a limited legal aid approval. However, what I offer most litigants from time to time, is a monthly discounted fixed fee for work performed in the Family or High Courts.
I am private counsel, and these types of challenges can cost up to and beyond $100,000 before we even get to filing claims in Court. These legal fees are out of reach of nearly all whanau I have come across who have meritorious cases. This is why I offer you a discounted fixed monthly fee at a rate that is affordable for you and agreeable for myself and my practice.
If the circumstances indicate there are potential breaches of statutory duties by social workers under the Oranga Tamariki Act 1989 or breach of the Bill of Rights Act 1990, then it may be necessary to seek civil remedies against social workers personally, in addition to the Attorney-General (who is sued on behalf of the Chief Executive of Oranga Tamariki). High Court litigation will also be charged to you at a discounted fixed monthly fee in addition to the fee for Family Court litigation.
Counsel for Child under the Oranga Tamariki Act 1989
Counsel for Child must be culturally appropriate under the Oranga Tamariki Act 1989. Empirically, I have noted many whanau that suffer an uplift are Maori. It is important Counsel for Child can perform their role in relation to the subject children in a culturally appropriate manner. If they have not been, you should not hesitate to apply to have their appointment judicially reviewed. You will need a civil or public litigation barrister to advise you on this.
I was the first barrister in New Zealand to highlight section 159(2) of the Oranga Tamariki Act 1989 which deals with the appointment of Counsel for Child in care and protection matters.
