But OT then changed its mind over her custody, and decided the girl – named in court proceedings as Moana – should be in the care of another Māori family.
However, the Smiths refused and, along with a lawyer for Moana, took court action to keep her in their care.
Family Court Judge Peter Callinicos ruled the child should remain in the care of her Pākehā foster parents, saying it would destabilise her development to remove her as she had bonded with the family.
When the matter reached the High Court, Justice Helen Cull also found in favour of the Smiths, who in a rare public statement said that “while Moana may not be our biological child, she is a child of our heart”.
Moana’s mother then sought leave to appeal directly to the Supreme Court, attempting to leap-frog the Court of Appeal, pleading that there were “exceptional circumstances”, including Moana’s further alienation from her culture as time passes.
However, the Supreme Court justices said the Court of Appeal was still best placed to assess a new social worker’s report and any other evidence.
They dismissed Moana’s mother’s application.
“We reserve leave for the applicant to renew this application should leave to appeal be refused by the Court of Appeal,” the Supreme Court justices said.
