Guidance
About family group conferencing
The family group conference brings together te tamaiti or rangatahi and their whānau or family, professionals and others to find ways to support the oranga of te tamaiti or rangatahi and consider the interests and impact of any offending on the victim.What is a family group conference
The purpose of the family group conference is to support and enable informed whānau or family led decision-making.
The family group conference brings together te tamaiti or rangatahi, parents and guardians or people having care of te tamaiti or rangatahi, whānau or family and other key people (including the victim where the conference has been convened in relation to alleged offending) so that everyone participating can:
- hear and discuss relevant information
- consider any care, protection or oranga concerns or (where applicable) offending behaviour by te tamaiti or rangatahi that may be impacting on te tamaiti or rangatahi and their whānau or family or on the community or public interest
- work together to make decisions and recommendations and formulate a plan that supports the oranga of te tamaiti or rangatahi and their whānau or family, and in the case of offending by a tamaiti or rangatahi any victims and addresses accountability and public safety.
The family group conference is a legislated process. Under the Oranga Tamariki Act 1989, family group conferences are held:
- if the Oranga Tamariki chief executive, a constable or an enforcement officer believes that there are care or protection concerns (section 18 of the Oranga Tamariki Act)
- if the chief executive is not satisfied that there are care or protection concerns but believes a family group conference would help formulate a plan to support the oranga of te tamaiti or rangatahi (section 18AAA)
- to address offending behaviour where a referral is made by an enforcement officer (section 18(3)) or directed by the court under part 4 of the Oranga Tamariki Act
- where the court or certain other people refer care or protection concerns to a care and protection coordinator and the care and protection coordinator decides to convene a family group conference to consider matters relating to te tamaiti or rangatahi (section 19)
- where the court registrar directs that a family group conference be held where certain urgent or interim care or protection applications have been made without a family group conference having first been held (section 70(3))
- where an extended care agreement is proposed to be entered or terminated (or if under section 140(1)(d)).
Policy: Family group conferences for care or protection concerns
Policy: Convening the youth justice family group conference
Planning with rangatahi for their transition from care to adulthood
Video – Youth justice family group conferences: What to expect | YouTube
Origin of the family group conference
The origin of family group conferencing can be found in the Children, Young Persons, and Their Families Act 1989. In the decades preceding the establishment of family group conferencing in legislation, reports from various committees (including the Human Rights Committee, Māori Advisory Board, Women Anti-Racist Action Group and Ministerial Advisory Committee) established the existence of a pattern of inequality, discrimination, institutional racism and marginalisation within the social welfare system that disadvantaged Māori and left them unable to participate in policy, planning, and delivery of policy and programmes and overrepresented in the criminal justice and child welfare statistics.
During this time, the welfare of tamariki and rangatahi in residences was also raising serious concerns and the way people thought about young offenders, punishment and detention was changing. The Pūao-Te-Ata-Tu report in 1988 described "a profound misunderstanding or ignorance of the place of the child in Māori society and its relationship with whānau, hapū, iwi", as well as endemic institutional racism. Change was inevitable.
The Children, Young Persons, and Their Families Act 1989 laid out the provisions that recognised and supported the key role of whānau or family in the planning and decision-making within the statutory system. It gave a blueprint for the state to work with and empower whānau or family to make decisions and agree to plans that would address safety concerns and offending and give a voice to the victims of offending.
Key milestones of family group conferencing (PDF 87 KB)
Report – Te Kahu Aroha (Ministerial Advisory Board) | orangatamariki.govt.nz
Paper – History of Youth Justice in New Zealand (PDF 218 KB) | Ministry of Justice
Ngākau whakairo: rights, values and professional obligations that support family group conferencing practice
We support and advocate for the rights of te tamaiti or rangatahi and their whānau or family to access information, participate and take a lead in making decisions, recommendations and plans in the family group conferencing process.
As tangata whenua, te Tiriti o Waitangi partners and indigenous people under the United Nations Declaration on the Rights of Indigenous People (UNDRIP), tamariki, rangatahi and whānau Māori who are the subject of, or participating in, a family group conference have a right to:
- participate in active partnership (Core principle of te Tiriti o Waitangi)
- exercise rangatiratanga (Article 1 of te Tiriti o Waitangi)
- exercise self-determination (Article 3 of UNDRIP)
- have mana tamaiti, whakapapa and the whanaungatanga responsibilities of their whānau, hapū and iwi recognised and taken into account (sections 4, 5, 7AA and 13 of the Oranga Tamariki Act 1989).
People who are entitled to attend the family group conference can expect that they are invited to participate and that the conference is convened, held and the outcome monitored in line with the Oranga Tamariki Act. At times a coordinator may make a decision, after consulting with te tamaiti or rangatahi and their whānau or family or others, that an entitled member should not attend if the coordinator considers that the person's attendance would not be in the interests of te tamaiti or rangatahi or would be undesirable for any other reason.
Tamariki and rangatahi are recognised as entitled members of the family group conference and we support them to attend unless:
- this is not in their best interests
- they would not be able to understand the proceedings
- they are in custody and it is impractical for them to attend.
Our own domestic legislation, as well as international human rights declarations such as the United Nations Convention on the Rights of the Child (UNCRoC), UNDRIP and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), give all tamariki and rangatahi the right to be heard and have their views taken into account. We encourage and assist tamariki and rangatahi to express their views and participate in any process and in decision-making. This includes throughout the family group conference process, even when they are not in attendance.
Where a tamaiti or rangatahi has a disability, we have a requirement to ensure that they are assisted to express their view in decisions affecting them and to provide the support they need to do so.
Some whānau or family or cultural groups may find it challenging if tamariki and rangatahi are included in discussions and decision-making. It is important that we work with te tamaiti or rangatahi and their whānau or family to help them understand their rights and the rights of tamariki and rangatahi throughout the family group conference process, and support and advocate for these rights.
The Oranga Tamariki chief executive has the responsibility to appoint care and protection coordinators and youth justice coordinators. Care and protection coordinators consult with a care and protection resource panel before convening a family group conference and provide information and support to te tamaiti or rangatahi and their whānau or family that enables them to understand and participate in the family group conference process.
All coordinators need to:
- ensure that a family group conference is convened in a timely manner
- ensure that all information and advice required for the conference to carry out its functions is made available to people attending the conference
- take reasonable steps to ascertain the views of people who are entitled to attend the conference, but are unable to attend
- ensure the conference is convened and facilitated in a way that enables the whānau or family to consider those concerns, or (if applicable) the offending behaviour of te tamaiti or rangatahi, and for conference participants to develop a plan to address the concerns, rights of the victim (if applicable), and any accountability and public interest or safety
- document the decisions, recommendations and plan and provide a copy of any decisions and recommendations, and the plan to those entitled to receive it
- provide the necessary funding and support to enable the agreed plan to be delivered.
As we work with and support informed whānau or family led decision-making, we consider the following questions:
- How are we advocating for and supporting the rights of te tamaiti or rangatahi and their whānau or family in our family group conference practice?
- How are we helping te tamaiti or rangatahi and their whānau or family understand their rights?
Universal Declaration of Human Rights | United Nations
Convention on the Rights of the Child | United Nations Human Rights Office of the High Commissioner
Convention on the Rights of the Child (te reo Māori) (PDF 214 KB) | Ministry of Social Development
United Nations Convention on the Rights of Persons with Disabilities (PDF 245 KB) | United Nations
Declaration on the Rights of Indigenous People (PDF 151 KB) | United Nations
Practice when working with disabled people
Code of Ethics | Aotearoa New Zealand Association of Social Workers
Te Tiriti o Waitangi frames our practice shift
Staff resource: Activity – Te Tiriti o Waitangi | Te Pae
Whai mātauranga: bodies of knowledge that support family group conferencing practice
Family group conferencing practice relies heavily on exploring and using bodies of knowledge that help us to understand and work with tamariki, rangatahi and their whānau or family. At each phase of the family group conference, we consider the following questions:
- How is the narrative of te tamaiti or rangatahi and their family, whānau, hapū, iwi or family group helping us to understand and support informed whānau or family led decision-making?
- Who do we need to work with to support te tamaiti or rangatahi and their whānau or family through the family group conference process?
- What and whose knowledge do we need to draw from, know or understand to support relational restorative practice?
Family, whānau, hapū, iwi and family group
'The Māori child is not to be viewed in isolation, or even as part of nuclear family, but as a member of a wider kin group or hapū community.'
Pūao-te-ata-tu (1988)
At all phases of the family group conference process, we recognise te tamaiti or rangatahi in the context of their whānau or family and their whakapapa. We work with te tamaiti or rangatahi, their whānau or family and others to understand these connections.
The whānau or family has key knowledge about the needs of te tamaiti or rangatahi and their whānau or family, how these needs could be met and how they want to come together. By working with tamariki, rangatahi and their whānau or family to understand their values, beliefs, tikanga, and what oranga means to them, we can support them to participate and make decisions at all stages of the family group conference.
Report – Pūao-te-ata-tu (PDF 551 KB)
Legislation and policy
The Oranga Tamariki Act 1989 requires that Oranga Tamariki establish, promote and coordinate services that are designed to affirm mana tamaiti (tamariki), and that we assist family, whānau, hapū, iwi and family groups to fulfil their responsibility to meet the needs of their tamariki and rangatahi, and to recognise mana tamaiti (tamariki), and the necessary regard to and for mana tamaiti, whakapapa and the whanaungatanga responsibilities of whānau, hapū and iwi of those we are working with (see sections 4, 5, 7AA, 13 and 208, in particular). This aligns to the purpose of whānau or family led decision-making and the family group conference approach to decision-making and planning.
Oranga Tamariki policy and guidance and the family group conferencing practice standards all draw from the legislation and outline how we support and enable the participation of te tamaiti or rangatahi and their whānau or family throughout the family group conference process.
Policy: Family group conferences for care or protection concerns
Policy: Convening the youth justice family group conference
Policy: Holding the youth justice family group conference
Policy: Supporting, monitoring and reviewing the youth justice family group conference plan
Family group conferencing practice standards
Cultural considerations and decision-making
Hutia te rito o te harakeke. Kei whea te kōmako e kō. Kī mai ki ahau: 'He aha e mea nui o te ao?' Māku e kī atu: 'He tangata, he tangata, he tangata.' Meri Ngaroto, Te Rarawa
If you pluck out the centre shoot of the flax, where will the bellbird sing? 'What is the most important thing in the world?' I will reply to you: 'People, people, people!'
Cultures, groups and individual whānau or family have varying views of child-rearing practices and whānau or family decision-making. To draw from these, we need to work with te tamaiti or rangatahi and their whānau or family to understand what this looks like, what support they will need and what support we will need to engage and build a positive relationship. We also draw from the cultural knowledge, experience and skills of others to build understanding and support whānau or family led decision-making.
Tamariki, rangatahi and whānau Māori
Te tamaiti is often represented as te rito – the inner leaf of the harakeke or flax surrounded by the protective outer leaves representing whānau, hapū and hapori (community) through whakapapaand whanaungatanga. This aligns with traditional Māori care, safety, protection and guardianship of tamariki and rangatahi where the rearing of tamariki was seen as a collective responsibility that was 'viewed as a very serious consideration as the survival of the iwi relied upon it'.
Coming together to kōrero, listen, support, celebrate, honour, remember people and make decisions and plans is a traditional approach in te ao Māori. The way groups come together is steeped in tikanga, and looks different for different whānau, hapū and iwi. We work with te tamaiti or rangatahi and their whānau to understand how we can best support them to come together.
We are led by and work with te tamaiti or rangatahi and their whānau, hapū and iwi to understand their whakapapa and whanaungatanga relationships and the tikanga that is important to them when they meet to make decisions. Developing this understanding will impact on how supported and engaged te tamaiti or rangatahi and their whānau feel in the family group conference process, and their ability to lead, plan and make decisions about the oranga of te tamaiti or rangatahi.
Whai oranga – Principles to support family group conferencing mahi
Pacific children and families
Each Pacific Island group has their own culture, language, beliefs and values. We use Va'aifetū to guide our practice.
Pacific families believe in their fundamental responsibility for their children. However, this responsibility goes beyond those directly related to the child. The Pacific child traditionally belongs to a 'collective' – a wide network of people connected to the child, including parents, step-parents, aunts, uncles, grandparents, cousins and others living both in Aotearoa New Zealand and overseas. Spirituality, religion and faith are often a large part of the life of Pacific children, young people and family and influence their lives, including decision-making.
Tradition and status determine speaking rights within Pacific families. It is important to understand these will impact on how we plan family group conferences, and work with Pacific families particularly in hearing and understanding the voices of children and young people and others in planning and decision-making. Research focusing on the experience of Pacific families tells us that:
- Pacific families make decisions based on what is in the collective best interests of all family members
- within Pacific culture, having a voice on decisions is generally afforded to those family members who are of an age, maturity and capability to consider the needs of all its members
- Pacific children and young people need to feel safe to have a voice
- Pacific children and young people are more likely to share their views when adults build a relationship with them or with people they trust
- understanding the culture of Pacific children and young people helps them to share their views.
Reviews and inquiries | orangatamariki.govt.nz
Working with Pacific peoples: Va'aifetū
Learning from what others tell us
Te tamaiti or rangatahi and their whānau or family can help us identify others who may be working with them or providing support. We can draw on the expertise and experience of these individuals and groups to support the family group conference and help us build relationships with te tamaiti or rangatahi and their whānau or family.
We also need to listen to and learn from the feedback of those who experience the family group conference and external bodies (like Aroturuki Tamariki Independent Children's Monitor, Mana Mokopuna Children and Young People's Commission and the Ombudsman) tasked with monitoring practice within Oranga Tamariki.
Findings from reports and other sources indicate that te tamaiti or rangatahi and their whānau or family can feel disconnected or even excluded from the family group conference process.
The 2021 Ministerial Advisory Board's Te Kahu Aroha report found that:
- family group conferencing does not always support family-led decision-making
- the original intention and purpose of the family group conference (family-led decision-making) has been lost.
The 2021 Waitangi Tribunal Inquiry found that:
- conferences fail Māori as they lack tikanga
- whānau do not have adequate information to participate
- Oranga Tamariki has assumed the lead role over whānau, and planning and outcomes are predetermined without substantive input from whānau, hapū and iwi.
In 2020, the Ombudsman found that family group conferences were based on the aspirations of the social worker rather than reflecting a spirit of partnership between state and families.
By exploring and understanding these findings, we can better reflect on and adapt our family group conferencing practice to meet the needs of te tamaiti or rangatahi and their family, whānau, hapū, iwi or family group and support them to lead decision-making.
Report – He Take Kōhukihuki: A Matter of Urgency | Ombudsman
Report – Te Kahu Aroha (Ministerial Advisory Board) | orangatamariki.govt.nz
Whakamana the voice of te tamaiti and rangatahi through advocacy
Research related to youth offending and restorative justice
A number of factors have been associated with offending behaviour by tamariki and rangatahi, including:
- exposure to family violence
- neurodisability (such as Fetal Alcohol Spectrum Disorder (FASD), intellectual disability, dyslexia, communication disorders)
- mental health issues
- substance misuse
- truancy
- cultural disconnection
- previous involvement with Oranga Tamariki through a care and protection report of concern.
Risk factors do not mean that te tamaiti or rangatahi will offend, but they remind us that there may be significant issues influencing their behaviour which make them more likely to reoffend if not addressed.
Understanding what may be influencing the behaviour of te tamaiti or rangatahi can help their whānau or family make decisions, recommendations and plans in the family group conference that will address these factors.
Bringing together all parties affected by the offending (or alleged offending) of te tamaiti or rangatahi to respond to the incident, repair relationships and help te tamaiti or rangatahi be held accountable can have a restorative outcome for those involved. Understanding this body of knowledge can help us understand how we can:
- work more closely to understand the impact of the offending behaviour
- support the victim of offending to have a voice
- support the whānau or family to make decisions, recommendations and a plan with outcomes that will support the oranga of te tamaiti or rangatahi and the victim
- help te tamaiti or rangatahi take accountability for their actions
- work with te tamaiti or rangatahi and their whānau or family to understand how offending behaviour can be avoided
- support all those involved to move beyond the offending and restore mana.
Research paper – Youth justice pathways (PDF 740 KB) | orangatamariki.govt.nz
Address – When the vulnerable offend: whose fault is it? | District Court of New Zealand
Restorative justice and the family group conference – section 258(2)
Evidence brief – Restorative justice (PDF 340 KB) | Ministry of Justice
Whai oranga: the pursuit of wellbeing
Understanding the takepū of Te Toka Tūmoana and Va'aifetū supports us to work effectively with tamariki, rangatahi and whānau Māori and Pacific children, young people and their families throughout the different phases of the family group conference. These principles can also help to support more relational family group conference practice with other groups by helping us to build understanding of the values, beliefs and connections of each tamaiti or rangatahi and their whānau or family.
The takepū of Te Toka Tūmoana and those within Va'aifetū are intrinsically connected but some are particularly relevant to family group conferencing.
Whakapapa – connection with significant people, places, events, values and beliefs
Understanding the whakapapa and whanaungatanga networks of te tamaiti or rangatahi and their family, whānau, hapū, iwi or family group is essential to understanding oranga, supporting whānau or family led decision-making and drawing from the strengths that exist within a whānau or family and beyond. It also helps identify members of the whānau or family who are safe and can hold people to account.
We work with whānau or family to understand iwi affiliations and whakapapa relationships for tamariki or rangatahi and those adults of significance and their roles or relationships in the life of te tamaiti or rangatahi. Understanding the whakapapa of te tamaiti or rangatahi and their whānau or family also helps us to understand key kaitiaki and whanaungatanga relationships that will be important in planning and decision-making around oranga.
For tamariki, rangatahi and whānau Māori, we work with kairaranga ā-whānau and other specialist Māori roles to support us to help tamariki, rangatahi and whānau Māori connect or reconnect to important people, places and events.
For children who are Pacific and from other cultures, we seek appropriate cultural advice to ensure we are connecting with the people who need to be present to support the family.
Rangatiratanga – enabling whānau or family self-determination
The family group conference process relies on the whānau or family to lead decision-making and planning to support the oranga of their tamaiti or rangatahi.
We work with te tamaiti or rangatahi and their whānau or family to support their participation at all phases of the family group conference process.
We respect the views and knowledge of te tamaiti or rangatahi and their whānau or family and take these into account throughout the family group conference process.
Tikanga – unique and diverse Māori processes that provide the balance, stability and safety to uphold the mana of all
Family group conferencing and whānau or family decision-making relies heavily on those involved in the process feeling safe to participate. Every whānau or family will have their own tikanga, practices and cultural customs.
We work with te tamaiti or rangatahi and their whānau or family to identify appropriate tikanga that will enable us to come together in the pursuit of oranga.
We respect and uphold the tikanga and work with te tamaiti or rangatahi and their whānau or family to create environments that support whānau or family decision-making.
Working with Māori: Te Toka Tūmoana
Working with Pacific peoples: Va'aifetū
Preparing for the care and protection family group conference
Holding the care and protection family group conference
Whai pūkenga: developing understanding and skills to support family group conferencing practice
A number of different professional roles support family group conference practice. Each of these roles has specific skills and responsibilities in the mahi underpinned by strong relational practice.
The skill sets we need to draw on depend on our role, te tamaiti or rangatahi, the whānau or family we are working with, and the type of family group conference. They may include:
- engagement with te tamaiti or rangatahi, their whānau or family and other professionals, supporters or advocates
- communication
- whakapapa searching and research (this requires specific, specialised skills – kairaranga ā-whānau and those in specialist Māori roles have expert skills in engaging with whānau and supporting whakapapa connections)
- writing referrals
- facilitation
- working effectively with whānau or family
- cultural capability – this includes identifying when to call on expert cultural advice to support engaging with te tamaiti or rangatahi and their family, whānau, hapū, iwi or family group.
Take time to reflect on and build skills that will support the engagement and experience of te tamaiti or rangatahi and their whānau or family as they take part in the different phases of the family group conference process. Consider the following questions:
- What does shared decision-making look like for te tamaiti or rangatahi and their whānau or family?
- What skills and tools do we need to draw on for relational, inclusive and restorative practice to support phases of the family group conference?
- What challenges have I faced in practice as I work with te tamaiti or rangatahi and their whānau or family throughout the family group conference process?
- What skills do I need to develop to support family group conference practice?
Whai ākona: pursuing best practice in family group conferencing
Throughout the family group conference process, our practice supports te tamaiti or rangatahi and their whānau or family to engage, participate and lead decision-making in the family group conference process. Throughout the family group conference process, we look for and take opportunities to reflect on our practice and the experience of te tamaiti or rangatahi, their whānau or family and others involved in the process.
To understand our practice, we:
- invite te tamaiti or rangatahi and their whānau or family and other people involved in the family group conference to share their experience
- work with others to reflect, understand and develop our practice, including:
- our supervisor, senior practitioner or practice leader, depending on our role
- the family group conference team leader
- kairaranga ā-whānau or specialist Māori roles
- cultural advisors
- peers
- the regional learning advisor.
We reflect on the following questions:
- How are we enabling, supporting and advocating for the whānau or family to lead the family group conference process?
- How is our family group conference practice helping te tamaiti or rangatahi and their whānau or family to understand and participate at all stages of the process, including having their views and perspectives heard?
- How are we supporting and enabling access to information needed to make decisions?
- How are we working with te tamaiti or rangatahi and their whānau to recognise and honour their whakapapa and whanaungatanga relationships?
- How are we using the narrative, views, values, tikanga, voice and experience of te tamaiti or rangatahi and their whānau or family to support the mahi?
- How does our practice throughout the family group conference process identify support or advocacy that may be required by te tamaiti or rangatahi and their whānau or family? How do we enable that support or advocacy?
- How do our own values and beliefs impact on our approach to family group conferencing mahi?