September 17th, 2024
In an urgent report issued by the Waitangi Tribunal on Monday, significant concerns have been raised regarding the proposed repeal of Section 7AA of the Oranga Tamariki Act, underscoring the potential breach of the Treaty of Waitangi and adverse impacts on Māori children under state care.
The big picture: A question of Treaty obligations
The interim report strongly criticises the government's decision to repeal Section 7AA, a legislative provision that binds the Chief Executive of Oranga Tamariki to honour the Treaty of Waitangi principles in child welfare practices. This section has been foundational in fostering strategic partnerships with iwi and Māori organisations, with the aim of reducing the high numbers of Māori children entering state care.
Zoom in: Tribunal's grave concerns
Highlighting the gravity of the situation, the Tribunal pointed out the rushed nature of the repeal, which is part of a coalition agreement between the National and ACT parties, and the complete disregard for necessary consultations with Māori stakeholders.
"We are particularly concerned about evidence before us concerning the risk of harm to vulnerable children arising from the sudden and arbitrary repeal of section 7AA," the report states, emphasising the breach of trust and potential worsening of outcomes for Māori children who are already over-represented in the care system.
Details: Implications of repealing Section 7AA
Introduced in 2017, Section 7AA has enabled significant strides towards equitable treatment and improved outcomes for Māori children in care. The Tribunal report warns, "The repeal of section 7AA will result in the removal of the primary legal mechanism in child protection legislation for recognising and providing a practical commitment to the Crown’s obligations under te Tiriti o Waitangi."
What they're saying: Voices from the report
The 22-page report expressed deep reservations about the proposed changes: "To simply tell those parties what is going to happen, and invite them to make submissions to a select committee, is to dishonour the very basis of the agreement itself."
The report further cites the disconnect between the repeal and the principles of the Treaty: "It is a Treaty of Waitangi, not a proclamation of Waitangi, and the Crown does not have a unilateral right to redefine or breach its terms."
Why it matters: Reassessing the repeal
The Tribunal advises a pause on the repeal process to allow a full evaluation under Section 448B of the Oranga Tamariki Act, which mandates periodic reviews to ensure policies meet the needs of children, especially Māori. "This process would allow any concerns the Minister may have to be the subject of a considered analysis within the broader context of the purpose, principles, and imperatives of the Act," the Tribunal suggests, promoting a more thoughtful and inclusive approach.
The bottom line: A call for prudent decision-making
Urging the government to reconsider its approach, the Tribunal's report calls for a halt to the repeal process until adequate and comprehensive consultations are conducted. This recommendation aims to ensure that any legislative changes are aligned with both the Treaty's principles and the best interests of all children in care.