Provision was well-intended but led to young people being put second, Karen Chhour says
Minister for Children Karen Chhour welcomed Parliament’s passage of legislation to repeal s. 7AA of the Oranga Tamariki Act, which she said would help Oranga Tamariki – Ministry for Children keep children and young people safe from harm.
The bill’s passage enables the government department and its frontline staff to focus first and foremost on its primary duty of ensuring the safety and wellbeing of children when making care arrangements, Chhour explained in a news release from the government.
Chhour said that while s. 7AA had good intentions, the provision has caused confusion in the system, created conflict for Oranga Tamariki when seeking to issue a decision in a child’s best interests, and led to young people being put second.
“As the responsible minister I could not accept or excuse this fact,” Chhour said.
Chhour noted that the government department cannot make mistakes when issuing important decisions involving care arrangements because there is a risk of actual harm to children.
“What happens now, what happens in practice to these young people, matters,” Chhour said. “These children’s lives are not lived in theories or in the comfort of academia or privilege.”
According to the government’s news release, numerous committee submitters and frontline staff members have commented that the application of s. 7AA has resulted in decisions failing to align with a child’s best interests in situations where the child’s race took priority over their safety.
“This bill does not stop the consideration of cultural wellbeing of children and young people in the care of Oranga Tamariki, nor will it result in the end of strategic partnerships between iwi and Māori organisations and Oranga Tamariki,” Chhour said. “I want to make clear that this Bill does not negate the importance of cultural connections for children and young people.”
Instead, the legislation aims to ensure that the decision-making in these matters is clearer and that safety is the primary consideration for young people, Chhour emphasised.
“I have no issue with looking to whānau, hapū, or iwi as a solution for placements, when appropriate, but safety must come first every single time and sadly that has not always been the case,” Chhour said.
