Iwi to fight 'Crown stupidity' repeal of Oranga Tamariki legislation

Wednesday, 29 November 2023

Waikato-Tainui will “use every means possible to fight” for its tamariki if the new Government goes ahead with its plan to remove Oranga Tamariki legislation reconnecting Māori children with their whānau.

The new coalition Government announced it will remove Section 7AA from the Oranga Tamariki Act 1989 – introduced in 2019 after the controversial uplifts of pēpi Māori brought scandal to the agency – that seeks to ensure its commitment to Treaty of Waitangi obligations and prioritising the whakapapa of children in its care.

Chief Children’s Commissioner Dr Claire Achmad also says she is concerned about the consequences of the proposed repeal, which was “intentionally included by the previous National Government” following six different inquiries calling for change.

But incoming Minister for Children Karen Chhour has defended the repeal, saying it “creates a conflict between protecting the best interests of the child and race-based factors enshrined in 7AA” that could cause harm to children.

Waikato-Tainui chairperson Tukoroirangi Morgan said taking the section away would force tamariki back to face social problems that had “plagued many of our people placed in state care” and sever iwi partnerships successfully reconnecting tamariki Māori with their whakapapa.

”That’s our responsibility that we cannot give up, and we won’t just because of Crown stupidity.

“Without us, they don’t have a fighting chance.”

Waikato-Tainui engaged with Oranga Tamariki (OT) on the basis it would reconnect the 200 of its children placed in state care with their whakapapa – ”to restore their blood ties back to people who they belong to”.

It also committed to wraparound holistic support for whānau once a child was back in their care.

”That provision that allowed us participation is huge, because that’s the missing link.

”It’s been highly successful.”

The iwi would continue to lobby the Government, he said.

“We will use every means possible to fight the government policy because it is blatantly wrong.

“It’s about activism now. Clearly, in the form of protests, we have to for the sake of our young ones.”

It was ironic that it was an NZ First MP – Tracey Martin – who “provided the springboard” for the legislation, now its coalition government intended to take it away.

Martin “could see that this was a way to make a difference in the lives of kids in the care of the state”.

“For her to do that was not only visionary but necessary and essential.”

Morgan felt the push to repeal the legislation had come as a result of racist policies perpetrated by the ACT Party.

“My iwi is 100% committed to reconnecting our kids back to where they belong.”

Achmad said the section offered a mechanism for accountability for OT to uphold Te Tiriti o Waitangi, clear provision that mana tamaiti, whakapapa and whanaungatanga were protective factors in the wellbeing of a child, and the duty OT had to ensure placements reflect that.

“We have started to see progress in some areas and the beginning of change. To step away from that now… I don’t want to see us taking that step.”

She was not consulted, and its inclusion in the coalition agreement was a surprise to her.

“What I would call on this Government to do is to take the time to understand that wealth of rangahau, research and inquiries done over the last few years in relation to child protection, Oranga Tamariki and the rights of Māori whānau, hapū and iwi.”

She wanted to see how informed the Government was in making the decision.

“We want to see that section remain in our child protection regulation.”

The last Section 7AA report showed that 68% of children and young people in care were Māori.

“When they are so disproportionately represented and impacted in the system, we must continue to make them visible and that’s what this provision does.”

There had been a significant drop in the number of young people in the state care and protection system, from 6000 to 4500.

“We need to not lose that momentum.”

The by Māori for Māori approach was what worked best for whānau Māori, and it was hard to see the negatives to Section 7AA, she said.

“It creates visibility for mokopuna Māori. It’s their right as tangata whenua.”

The UN Convention on the Rights of the Child made clear that children had a right to their culture and identity.

She appealed to the Minister and the Government to act based on evidence, which clearly supported the legislation.

“We've come too far to go back.”

Kaitaia’s Waitomo Papakāinga Trust – which has a partnership agreement with OT – told Stuff in December 2022 that it had stopped 200 Māori children from going into state care since September 2018.

Chhour said as 'someone who grew up dealing with Child, Youth and Family, I have [a] deep appreciation of what children need”.

“Each child, regardless of race, has their own individual circumstances and family background, which means we should never take a blanket race-based approach. Every child should be seen as an individual and their wellbeing must come first.”

She said section 7AA placed duties on the chief executive that were at odds with the agency’s primary purpose to support the wellbeing of the most vulnerable and at-risk children.

“Repealing it will help ensure they get a chance in life and we can break the vicious cycle of trauma, harm and dependencies.”

When Martin was minister for children, she told The Hui in September 2020 that Section 7AA was “absolutely needed”, and should be adopted by all Government departments – health, education, housing.

“They all should have 7AA in them. They all should be held to account.”