Controversial Oranga Tamariki bill passes vote, after officials’ and Tribunal’s warnings

Tuesday, 21 May 2024

Children’s Minister Karen Chhour’s bill to remove Treaty obligations from the Oranga Tamariki Act passed its first reading.

A controversial bill, which will remove Treaty obligations from the Oranga Tamariki Act, passed its first vote in Parliament - despite strong criticism from the Waitangi Tribunal and Oranga Tamariki itself.

The bill will now go through select committee, after securing the support of National, ACT and NZ First during its first vote on Tuesday night.

Why it matters

The Government has faced mounting pressure over its plan to repeal Section 7AA of the Oranga Tamariki Act.

The Waitangi Tribunal issued a scathing report about the proposal, saying this policy would likely cause “real harm” to children in state care. While Oranga Tamariki’s own advice to the minister said repealing this section was a bad idea, rating it the worst possible option that would breach Te Tiriti and international law protecting children.

Former Children's Minister Tracey Martin says ‘Children will be worse off’

Section 7AA requires that Oranga Tamariki, which is the ministry tasked with caring for the country’s most vulnerable children, will form partnerships with iwi to ensure children in its care continue to have connection to their whakapapa.

Children’s Minister Karen Chhour campaigned to repeal Section 7AA when she was ACT’s spokesperson for children.

Chhour said reporting of “reverse uplifts”, where children had been taken from caregivers, showed the need for change.

“I believe Section 7AA has placed some duties on the chief executive that are at odds with the agency’s primary purpose, which is to support the wellbeing of our most vulnerable and at-risk children,” she said.

The arguments

Labour children’s spokesperson Willow-Jean Prime said the coalition Government appeared unwilling to listen to any advice about its policies.

“A coalition agreement is not a justified reason to do something in the face of so much evidence saying this will cause actual harm,” Prime said.

Labour Party children’s spokesperson Willow-Jean Prime says the Government should have reconsidered its plan to repeal Section 7AA.

She said Chhour should have reconsidered the bill, after hearing evidence from the Tribunal and officials - as well as significant protest from Māori - worried about what harm could be done to Māori children removed from their whānau.

In its regualtory impact statement about the bill, Oranga Tamariki said there was “no evidence” supporting Chhour’s view that Section 7AA risked the safety of children. To the contrary, it warned repealing the section would be riskier than keeping it in place.

It said Section 7AA had been wrongly blamed for issues relating to “reverse uplifts”, which Chhour had cited as the reason she wanted to change the law.

Removing Treaty obligations “may have a material negative impact on the safety, stability, and well-being of children inside and outside of statutory care,” the ministry said, as it would likely “diminish confidence and trust”.

The Tribunal agreed there was “no evidence” to support removing Section 7AA.

“To the extent there is any evidence to support the idea that section 7AA is causing unsafe practice, it is entirely anecdotal. We have seen none,” it said.

Māori Development Minister Tama Potaka said the Government was “elevating” the mana of children, rather than ignoring Te Tiriti.

What next?

The bill will go to through a select committee, where the public will be able to submit on the proposal.

Parliament will then need to vote another two times on the bill, before it becomes law.