New Zealand’s largest iwi, Ngāpuhi, is organising a hīkoi to Parliament over the repeal of section 7AA of the Oranga Tamariki Act. So, what is section 7AA and why is it the centre of much controversy?
It makes up just one short bulletpoint in National’s coalition agreement with ACT:
- Remove Section 7AA from the Oranga Tamariki Act 1989.
But the Government’s plans for the Act have been the subject of debate and criticism ever since the ink on its coalition deals dried.
Firstly, what is Section 7AA?
Section 7AA was inserted into the Oranga Tamariki Act in 2019 in response to concerns that New Zealand’s child protection practices were failing young Māori and their whānau.
It places specific obligations on the chief executive of Oranga Tamariki to recognise and provide for the cultural needs of Māori children and young people.
The section emphasises the importance of connecting these children in state care to their whānau, hapū and iwi. It also requires Oranga Tamariki to develop strategic partnerships with iwi and Māori organisations in delivering services and policies.
Why is the Govt moving to repeal Section 7AA?
The ACT Party wants the repeal of Section 7AA and negotiated for it in its coalition agreement with National.
ACT’s website calls for "colourblind state care" and claims children have been removed from "safe, loving foster [homes] because the child’s foster parents were the 'wrong' race" under Section 7AA.
ACT MP and Minister for Children Karen Chhour says removing Section 7AA “reinforces the need to put the safety of the child first”.
She told RNZ this week that iwi, whānau and hapū should still be considered, “but they shouldn’t be the first consideration”.
The Oranga Tamariki (Repeal of Section 7AA) Amendment Bill was introduced to Parliament while it was in recess in May, a move Te Pāti Māori branded “terrible and sneaky” at the time.
The Bill’s explanatory note said it aimed to renew Oranga Tamariki’s focus on the safety and wellbeing of children in care.
“The Government is concerned that the introduction of section 7AA has led Oranga Tamariki—Ministry for Children staff to prioritise cultural factors over the safety and stability of children in long-term care arrangements,” the note said.
“Concerns have been raised that Oranga Tamariki—Ministry for Children has moved tamariki Māori from stable long-term care arrangements and placed them with whānau, hapū, and iwi groups to which they whakapapa.
“Concerned voices in this area have described these changes in placement as traumatic and argue that they should only occur in cases where there is risk to the safety of the child.”
Karen Chhour spoke to Q+A's Jack Tame ahead of an expected announcement. (Source: 1News)
However, a regulatory impact statement from Oranga Tamariki in March said: “There is no empirical evidence to support the notion that section 7AA has driven practice decisions that have led to changing care arrangements.
"We have heard anecdotal concerns from a small number of caregivers that care decisions are more strongly influenced by cultural factors, than by the immediate safety of children.
"There is, however, no evidence to suggest that these concerns are related to the duties outlined in section 7AA."
How have groups reacted to this move?
The reaction to the proposed repeal of Section 7AA has been largely negative, with significant opposition from Māori leaders and organisations who view it as a step back in protecting Māori children.
The Waitangi Tribunal held an urgent inquiry into the matter and released a scathing report, saying the “arbitrary” and “sudden” nature of the repeal could cause harm to vulnerable children.
The Tribunal said it was also concerned the Government’s “singular focus on the implementation of a commitment made in one of the coalition agreements has caused it to disregard its obligations under the Treaty [of Waitangi]”.
The ramifications of repealing Section 7AA have been back in the headlines following the release last week of the final report from the Royal Commission of Inquiry into Abuse in Care.
Māori and Pacific survivors endured higher levels of physical abuse than other ethnicities, breaching the Treaty of Waitangi. (Source: 1News)
The report found abuse and neglect in care was “pervasive”, with young Māori making up the majority of those abused between 1950 and 1999. It noted that abuse included isolation from whakapapa, whānau, iwi and hapū.
The Green Party was among the groups saying Government policies such as repealing Section 7AA “are likely to see a continuation of the legacy of neglect and abuse at the hands of the state”.
Oral submissions were made to the Social Services and Community Parliament sub-Committee about the repeal this week.
Meanwhile, Ngāpuhi has organised two hīkoi in the coming days to raise awareness around the number of its mokopuna currently in care and to promote whakapapa-based solutions.
The first of those will take place in Kaikohe tomorrow (Saturday) with the second hīkoi converging on Parliament’s grounds on Monday. Ngāpuhi leaders will give their oral submission opposing the repeal of Section 7AA afterwards.
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