06/04/2026
🌿 Open Letter: Statement of Position — Te Whakaoranga me te Painga o ōku Tamariki 🌿
To those responsible for harm against me and my tama toa, toa Samoa 🌺
I write this statement as a māmā kotahi, a guardian of my tamariki, and a survivor of violence.
This statement is made to clearly affirm my position moving forward, with the welfare and best interests of the children as the paramount consideration.
1. Acknowledgement of Harm
The harm experienced by myself and my tamariki was real and had a direct impact on our physical, emotional, and wairua wellbeing.
That harm is acknowledged.
It will not be minimised or reframed.
However, it does not determine the future direction for my tamariki.
2. Paramount Consideration — Welfare and Best Interests
Consistent with the Care of Children Act 2004 (s4 and guiding principles under s5), and as reflected in my affidavit :
All decisions must prioritise the welfare and best interests of the children.
This includes:
Their safety
Their stability
Their cultural identity
Their educational continuity
These are determinative considerations.
3. Cultural Identity, Whakapapa, and Development
The children have established connections to their whakapapa, including Ngāti Whātua Ōrākei, their whānau, aiga, and wider community.
Their identity, belonging, and access to kaupapa Māori learning environments are integral to their development, consistent with statutory recognition of a child’s multiculture, language, and identity.
Any arrangement that diminishes or disconnects them from these foundations is not in their best interests.
4. Context of Removal and Tikanga
In October 2023, the children were unilaterally removed from my care by whānau, aiga from our marae.
That removal was not consistent with tikanga Māori principles of protection, manaakitanga, and the safeguarding of wāhine and tamariki.
It represents a misapplication of tikanga in a manner that resulted in harm rather than protection.
As a consequence, the marae has not remained a neutral, safe, or culturally protective environment for myself or my tamariki since that time.
This context is directly relevant to the current arrangements and the need to prioritise environments that uphold both legal and tikanga-based wellbeing.
5. Reason for Application to the Family Court
My decision to apply to the Family Court for a parenting order was made to prevent further harm to both myself and the children.
It was an informed and protective step.
I have previously engaged in parenting support processes, including completing a Parenting Through Separation course while in the care of Women’s Refuge in 2016.
Further, guidance obtained through a Community Law Centre supported my understanding of my rights and responsibilities as a mother and guardian.
This application reflects a considered and child-focused exercise of those responsibilities.
6. Guardianship and Day-to-Day Care
I acknowledge that there is currently an interim day-to-day care arrangement in place.
However, consistent with the Care of Children Act 2004 (particularly s16):
An interim care arrangement should not be treated as displacing the mother’s continuing status and responsibilities as guardian.
Day-to-day care relates to the practical care of the children and does not confer sole decision-making authority.
Guardianship, including kaitiakitanga, remains a shared and ongoing responsibility to make or contribute to decisions affecting the children’s care, development, education, and cultural identity.
7. Good Faith Engagement
I have engaged in prior processes in good faith, including:
Participation in discussions facilitated by Lawyer for Child
Agreement in principle to shared care arrangements
Willingness to formalise those arrangements
Those efforts were not realised following the events outlined above.
Despite this, I remain committed to constructive, child-focused outcomes.
8. Current Position
My application is specific, practical, and restorative:
That the children be educated in an environment that supports:
Continuity of learning
Stability of routine
Strengthening of identity and belonging
This aligns with their welfare and best interests.
9. Forward Position
I am not seeking to escalate conflict.
I am seeking to ensure that:
Decisions are made in accordance with the children’s welfare and best interests
Cultural identity is actively upheld
Stability and wellbeing are prioritised
10. Closing Statement
Accountability for harm remains with those responsible.
My responsibility remains with my tamariki.
I will continue to act in their best interests with clarity, consistency, and good faith.
He kupu whakamutunga
Our tamariki carry whakapapa that binds our whānau, aiga across generations.
That connection is enduring.
It cannot be removed, diminished, or replaced.
Their future must reflect that truth.
He aroha mutunga kore 🤍
— A māmā kotahi, kaitiaki of her tama toa, toa Samoa
Nāku iti noa / Kind regards,
Fidelis et Constans
🐉⚜️🐉