Oranga Tamariki: Bill repealing section 7AA of the Oranga Tamariki Act passes first reading in Parliament

Children Minister Karen Chhour during Question Time at Parliament. Photo / Mark Mitchell

A bill to repeal section 7AA from the Oranga Tamariki Act has passed its first reading in Parliament tonight following an impassioned exchange over the potential impacts on Māori children in care.

Section 7AA of the Oranga Tamariki Act 1989 has been described as the primary legal mechanism that recognises the Crown’s Treaty of Waitangi duties in the country’s child protection system.

It places obligations on the agency including ensuring it considers the whakapapa of Māori children, and reduces disparities between Māori and non-Māori children.

It also requires the agency to try to form partnerships with iwi and Māori organisations to improve outcomes for Māori children in care.

The pledge to repeal the section was part of Act’s coalition agreement with National. The minister in charge of the bill, Karen Chhour, has reiterated the amendment bill is about prioritising a child’s wellbeing over their cultural needs.

However Oranga Tamariki officials have said in a regulatory impact statement (RIS) repealing the section could undo some of the progress the agency had made in building trust, relationships and accountability in the communities it work with.

“This may worsen the safety, stability, and well-being of our children with the greatest needs.”

Today, Chhour engaged in an impassioned debate with Labour MP Willow-Jean Prime over possible impacts of the legislation on Māori children in care.

Prime asked Chhour about the RIS’s negative findings during Question Time at Parliament, to which Chhour replied: “Whilst I respect the work the officials do and the information that they provide, it is also important to note that it is the job of ministers to consider official advice, not to agree with it.”

Children Minister Karen Chhour during Question Time in Parliament. Photo / Mark Mitchell

Prime then referenced the National Iwi Chairs Forum and the Pou Tangata Iwi Leaders Group, who are united against the proposed repeal of section 7AA. Chhour said “people are entitled to their opinions.”

“At the end of the day, this is a coalition agreement, something that I campaigned on, an issue that I promised to fix while I went around the country and heard the horrific stories of how our young people were put at risk because it was based on their race, not their safety.”

Ahead of the bill’s first reading, Greens co-leader Chlöe Swarbrick said she felt “angry... as I think many New Zealanders across the country are.”

“We know section 7AA simply requires a commitment to Te Tiriti o Waitangi and engagement with iwi and hapū to make sure we deal with the disparities and outcomes of Māori children in state care.”

Meanwhile, the Waitangi Tribunal conducted an urgent inquiry into the repeal and found it would cause harm to vulnerable children. It also said there were clear breaches of the guarantee to Māori of self-determination and the Treaty principles of partnership and active protection.

Chhour was the centre of a legal battle after she refused to appear before the tribunal during its hearing. The tribunal had issued a summons to Chhour which the Government challenged successfully in the High Court.

However, a later Court of Appeal decision, which was issued after the tribunal’s report was released, overulled the High Court’s finding, saying the tribunal was able to summons the minister.