A select committee calls for a softening of section 7AA of the OT Act

A select committee led by coalition MPs has called for a mitigation of the proposed repeal of Section 7AA of the Oranga Tamariki Act.

Section 7AA binds Oranga Tamariki to the principles of the Treaty of Waitangi and requires the country to work with iwi and hapū and to report regularly on how that is going.

ACT campaigned to remove these requirements from the law, but the select committee report said the director of the Children’s Ministry should still be required to develop partnerships.

Read more:

“On balance, we believe it is important to retain aspects of section 7AA that relate to the Oranga Tamariki CEO’s obligations to develop strategic partnerships with iwi and Māori organisations, including iwi authorities,” the reportreleased Friday, said.

It recommended replacing sections 7AA(2)(c), 7AA(3) and 7AA(4) with new paragraphs that would be “similar to the duties currently set out” in those sections.

The committee received 3,748 written submissions. It is led by a majority of the coalition MPs who wrote the report, but the Cabinet will make the final decision on whether to accept the recommendations.

Children’s Minister Karen Chhour said in a statement that she would consider the changes before the second reading.

“I want to thank those who submitted comments and those who appeared in person before the committee, which is not easy,” she said.

“I wanted the bill to go through the full committee process so that anyone who wanted to comment had the opportunity to do so. I will now consider the report ahead of the bill’s second reading.”

She declined RNZ’s request for comment, saying she would do so after reading the report and seeking advice.

In a minority report, Labour, the Greens and Te Pāti Māori said they opposed the bill as a whole “in the strongest terms” because of its “failure to honor Te Tiriti o Waitangi, the misrepresentation of tikanga Māori and the harm caused it entails imposing on tamariki and their whānau”.

They said the bill would “erode accountability within Oranga Tamariki and dismantle one of the few real mechanisms for Māori to exercise partnership with the Crown” when it comes to protecting children.

Willow-Jean Prime, spokesperson for Labour’s Children, said in a statement that the government should “simply be honest, admit it was wrong and stop working on these unwarranted and unwanted changes”.

She said the recommendations to retain some parts of 7AA showed that the government was “feeling the pressure” but that it was worrying that “critical parts of 7AA, including the Treaty Principles, and the President’s demands to reduce disparities and to report on mokopuna.” under their care will continue to be removed”.

“Make no mistake, this is still a major breach of Te Tiriti o Waitangi. Government members of the select committee ignored the advice of officials that there is no evidence to pass this bill, but are feeling the heat and so are watering it down in an attempt to make it look more palatable.”

“Like the Treaty Principles Bill, it is crystal clear that Christopher Luxon is helpless to stop David Seymour’s ideological attacks on Māori and vulnerable tamariki. If the Prime Minister were truly concerned about the risk of harm to Māori tamariki, he would not allow the ACT Party to tamper with existing protections. The government should not lead us back down a path where children have been harmed before.”

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.