A legal challenge opposing the Government's plan to remove legislation that compels Oranga Tamariki to give effect to the Treaty of Waitangi is underway in Wellington.
It's the first coalition policy to be scrutinised at an urgent Waitangi Tribunal inquiry.
Section 7AA in the Act requires the Oranga Tamariki chief executive to publicly report on the agency's progress in improving outcomes for Māori children in state care.
Season-Mary Downs, a claimant lawyer, said the legislation was crucial.
"By removing that section, [the Government is] essentially removing protections that are in place for Māori, to have things done in a way that is cognisent of their te tiriti rights."
Children's Minister Karen Chhour has been driving the repeal, but was not at the hearing today.
Senior Oranga Tamariki staff, including deputy chief executive Phil Grady, attended instead.
He said there was "a clear focus from the Government around their priorities".
Retaining ancestral ties
Section 7AA also means that when a Māori child was removed from an unsafe home, Oranga Tamariki must prioritise placing them into the care of their wider whānau, hapū or iwi so that their ancestral ties were not lost.
But teh Children's Minister has claimed this has led to some children being re-homed into other unsafe environments.
Grady was unable to provide any evidence other than anecdotal to support this and conceded the repeal lacked adequate consultation with Māori.
"In my view, there could have been — and should have been — much more consultation and engagement with iwi Māori," he said.
Official advice from the agency to the minister suggested Section 7AA was actually making a positive difference.
Chhour declined an interview with 1News, saying she could not comment while the tribunal's inquiry was underway.
Crown lawyers have so far turned down invitations for her to present evidence in the inquiry.
Their position has forced the Waitangi Tribunal to summons the Minister to answer questions by April 26.
The tribunal's findings were expected to be released early next month.
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