State care survivor horrified by Oranga Tamariki oversight bill

Wednesday, 15 June 2022

A survivor who gave heartbreaking evidence at the Abuse in Care Royal Commission of Inquiry says proposed Oranga Tamariki oversight legislation is a disservice to people suffering at the hands of the system.

It comes after the Children’s Commissioner slammed the parliamentary select committee for green-lighting the ‘Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill’ with few amendments.

While advocates and opposition parties are against the bill, the Minister in charge, Carmel Sepuloni remains defiant saying the amendments to the proposed bill “strikes the right balance.”

The bill would see the role of the Children’s Commissioner disestablished and replaced with a board and Oversight of Oranga Tamariki would be spread between an Independent Monitor and the Ombudsman.

The chairperson of the board would be known as the ‘Chief Children’s Commissioner.’

Survivor Tupua Urlich, condemned the proposed legislation saying it will have severe consequences for those in the system.

Urlich spent most of his childhood in state care and now advocates for othersat VOYCE Whakarongo Mai – an advocacy group for children in care.

Earlier this year he told the Royal Commission of Inquiry into Abuse in Care how he had been at the mercy of a monster during his time in care, beaten with wooden planks and poles.

“This Bill is a disservice to our voices and suffering at the hands of the state. We are doomed to repeat history. This is a once in a generation opportunity to get it right, and this Bill doesn’t cut it,” he said.

“After more than 60 years of weak oversight and accountability, what’s the rush to ignore our voices and the Royal Commission’s final recommendations in June next year?”

Voyce Whakarongo Mai Chief Executive Tracie Shipton said the proposed bill silences the voices of the children in care.

“The Government has not listened to a single recommendation from young people with lived experience,” she said.

“These young people have been effectively silenced, and the new system outlined by the Bill is designed to further muffle and weaken their voices.”

Barnardos New Zealand, a children’s advocacy organisation, were also opposed to the new bill.

Barnardos Child and Family services General Manager Jo Harrison said the bill lacks consultation from children and young people it is meant to serve and failed by not waiting for the findings of the Royal Commission of Inquiry

”And it doesn’t allow for the findings from the Royal Commission of Inquiry to be considered in the Bill.”

More than 400 written submissions were made on the bill, with only eight in support.

And opposition political parties agree, saying the bill cannot be passed through in its current form.

Act Party spokesperson for children, Karen Chhour, echoed concerns about the ongoing Royal Commission of Inquiry into Abuse in Care.

“I think that the Royal Commission report is a very important report. We’ve spent a long time going around the country listening to what people have had to say about a lot of issues within Oranga Tamariki or CYF’s at the time,” she said.

“I feel to not wait to listen to what that report recommends…is a little bit arrogant.”

Green Party spokesperson for children, Jan Logie, said the minor adjustments to the original proposal ignored young people, Māori and advocates.“The government is deciding to carry on regardless of what the community, and…the experts are telling us,” she said.

“The Green Party, the National Party and the Act Party were all very clear that we believe this legislation needs to stop, because we were listening to the submitters.”

National’s Oranga Tamariki spokesperson, Harete Hipango, felt it would be inappropriate to progress the bill before the Royal Commission of Inquiry released its final findings next year.

“The Government needs to listen to the overwhelming majority of submitters at select committee who opposed this Bill and get on with delivering better outcomes for children in care.”

Te Pāti Māori co-leader, Debbie Ngarewa-Packer, labelled the bill as yet another example of the Crown failing to engage with those it was supposed to protect.

“It’s particularly unacceptable given survivors of state abuse are still waiting to be heard,” she said.

“Monitoring needs to truly independent. Tangata whenua should not be relegated to an advisory board. We need an independent Māori monitor to lead the oversight of Oranga Tamariki. Te Pāti Māori are currently working on amendments to the legislation to address this.”

But the Minister in charge of the bill, Sepuloni, says she welcomed amendments to the bill made by the select committee.

She said they supported the initial intent to boost the delivery and independence of Oranga Tamariki oversight.

“As was pointed out in the Beatie report we cannot afford to delay implementing a system for Monitoring, Advocacy and Investigation,” Sepuloni said.

“I believe the changes strike the right balance and building in a review will ensure we can make more changes to the system once we have the findings of the Royal Commission into Abuse in State Care.”

The bill was a significant departure from the status quo, but admitted it did require clarification in places.

She stressed any changes would be effectively communicated to children, whānau and the public to ensure everyone understood how Oranga Tamariki would be monitored and youth advocated for.

“The Bill is not intended to address all the issues pertaining to Oranga Tamariki, but it will provide a way of monitoring it and holding it to account,” she said.

“It is a vital part of the overall system, and it is imperative we strengthen it as soon as possible. Our tamariki and rangatahi cannot wait.”

But for survivors like Urlich, the proposed bill is just another reminder that the Government will do what it wants to do.

“This happened in the '80s, (with) the Government saying “we would like to hear what you think, but we won't make a commitment to following through on what you say” he said.

“The Royal Commission’s final report will be just one more on the Government’s … to listen to but not action.”