Te Ture Whenua Māori Act 1993 ss 108, 115

Whāngai is a care arrangement according to tikanga Māori (Māori custom) where a child is cared for by someone other than their parents (often by whānau). Usually the relationship with the child’s birth parents is still maintained.

Whāngai arrangements are not formally recognised by the law, so like foster care, whāngai is a care arrangement not a ‘legal status’. This means that unless there is an adoption order by the court, the birth mother remains the legal guardian of the child.

A child who is raised in a whāngai arrangement may have rights to Māori Land. This will depend on the tikanga of the iwi or hapu of the child and either: the birth parents, or the new parents. See the chapter “Māori Land” in the Community Law Manual for more information.