Re-examining the best interests of child principle. Can this help tamariki and rangatahi Māori achieve the highest attainable standard of mental health?

Abstract

This thesis explores how a re-examination of the best interests of the child principle can assist tamariki and rangatahi Māori to achieve the highest attainable standard of mental health. Although New Zealand has ratified the United Nations Convention on the Rights of the Child 1989, which enshrines the “best interests of the child” principle, significant disparities in mental health outcomes remain between tamariki and rangatahi Māori and non-Māori children and young people. Drawing on international human rights law, domestic legislation, case law, and Māori concepts of health and wellbeing, this thesis develops a theoretical and practical framework for reducing these mental health disparities. It explores whether New Zealand can utilise the best interests principle in a way that recognises and incorporates the unique cultural identity and collective rights of tamariki and rangatahi Māori. The flexible nature of the best interests principle is leveraged to integrate collective cultural rights and Māori worldviews into mental health law and policies. By doing so, it aims to facilitate greater recognition of Māori collective rights and practices within NewZealand's legal and healthcare systems. This research proposes that a culturally-informed interpretation of the best interests principle, aligned with Māori worldviews and values, is important for fulfilling New Zealand’s international obligations and the achievement of the highest attainable standard of mental health for tamariki and rangatahi Māori. The thesis contends that decisions concerning the best interests of tamariki and rangatahi Māori in mental health should be guided by a “by Māori, for Māori” approach, which informs and shapes the broader application of the best interests principle. Through this analysis, the thesis seeks to contribute to the improvement of mental health outcomes for tamariki and rangatahi Māori.