The Legal meaning of Family Dispute Resolution

Under the Family Dispute Resolution Act 2013, “family dispute resolution” means family dispute resolution provided by a family dispute resolution provider for the purposes of—

(a) assisting parties to a family dispute to resolve the dispute without having to pursue court proceedings; and

(b) ensuring that the parties’ first and paramount consideration in reaching a resolution is the welfare and best interests of the children

The first branch of the meaning is straightforward, but what is the difference between “welfare” and “best interests”? Parliament meant these phrases to be distinct, although they are often overlapping. Principles relating to the welfare and best interests of the child are explicitly set out in section 5 of the Care of Children Act 2004.

It has been stated in caselaw that “best interests” looks at the longer term or futuristic developmental, educational, cultural, and familial needs of a child.
[1]
This phrase is often used for the concept of maintaining relationships with both parents.

In a further case
[2]
the concept of welfare was held to be concerned with the day-to-day care and upbringing of the child.

In this way, best interests is broader than welfare.

References

[1]
C v W [Custody] [2005] NZFLR 953 at [24].

[2]
Director-General of Social Welfare v L [1989] 2 NZLR 314 at 324–25 (CA) per Bisson J.