IN-CONFIDENCE
Draft Cabinet paper: Oranga Tamariki (Repeal of Section 7AA) Amendment
Bill: Approval for Introduction
Purpose
1
This briefing provides key information regarding the draft Cabinet paper [Appendix One]
that seeks Cabinet approval to introduce the Oranga Tamariki (Repeal of Section 7AA)
Amendment Bill (the Bill). The draft Bill has been provided as Appendix Two.
2
Cabinet agreed on 2 April 2024 [CAB-24-MIN-0107], to repeal section 7AA from the
Oranga Tamariki Act 1989 (the Act), reflecting the Coalition Agreement between the
National Party and the ACT Party. Following Cabinet’s decision, we have worked with
the Parliamentary Counsel Office to draft the proposed Bill, and to draft the attached
Cabinet paper for your consideration.
3
Once you have reviewed the Cabinet paper, and following any changes you may
request, your office should undertake consultation with your ministerial colleagues.
Following ministerial consultation, the paper will be finalised and lodged for
consideration by the Cabinet Legislation Committee. Further guidance on this process
has been provided below.
The process for Ministerial consultation, lodgement of the Cabinet paper and
introducing the Bill
4
Once you have considered the Cabinet paper, your office should undertake consultation
with your ministerial colleagues. The standard timeframe for ministerial consultation is
two weeks. However, if you wish for the Bill to be considered by the Cabinet Legislation
Committee on 9 May 2024, this consultation will need to be shortened to one week. You
may wish to undertake Ministerial consultation from the 24 to 29 April 2024 to ensure
the paper can be lodged on time.
5
The Cabinet Legislation Committee will examine the Bill to ensure that its content is
consistent with Cabinet’s policy decisions, that the relevant requirements of the Cabinet
Manual have been satisfied and approve the Bill for introduction to the House. Cabinet
will then be asked to confirm this decision.
6
Once the Bill has been approved for introduction, it will be set down for its First Reading.
If the Bill passes its First Reading, it will then be referred to a select committee1 for
consideration. Officials will prepare material to support you through the Introduction of
the Bill, its First Reading, and an initial briefing for the Select Committee.
There are key aspects of the Cabinet paper that you need to be aware of
7
The Independent Children’s Monitor was consulted on the wording of the Bill. This is
because consequential amendments have been made to the Oversight of Oranga
Tamariki System Act 2022 and the Oversight of Oranga Tamariki System Regulations
2023 to reflect the repeal of section 7AA of the Act. We want to draw your attention to
this, as the Independent Children’s Monitor was not previously consulted on the Bill.
1 The recommendation will be to refer this Bill to the Social Services and Community Committee
3
IN-CONFIDENCE
8
As per Cabinet requirements, the Treaty Provisions Oversight Group (TPOG) was
asked for feedback on the repeal of the Treaty of Waitangi provisions included in section
7AA. We are awaiting the feedback from TPOG, and once received, we will incorporate
it into the Cabinet paper.
9
We are also awaiting the outcome from vetting of the Bill for compliance with the
New Zealand Bill of Rights Act 1990. The Cabinet paper will be amended following any
advice from the Ministry of Justice regarding this.
We anticipate the repeal of section 7AA will be strongly contested
10
We expect strong reactions to the repeal of section 7AA from Māori and our partners
involved in care and protection, including Pacific providers, and oversight bodies such
as Mana Mokopuna – Children and Young People’s Commission.
11
You will be aware that the Waitangi Tribunal agreed to hear a claim on the repeal of
section 7AA under urgency. A hearing took place on 12 April 2024 and the process is
ongoing. Officials will provide you with updates as the claim progresses. The repeal of
section 7AA and the ongoing Waitangi Tribunal claim has already been reflected in the
media and it is likely that the repeal of section 7AA will continue to be heavily scrutinised.
Next steps
12
Further information on the Cabinet paper, lodgement process and the process to
introduce a Bill into the House can be provided, if required.
13
Once the Bill is introduced, officials will provide materials to support you through the
subsequent House stages. Officials will also draft talking points to assist you with your
discussion with the Cabinet Legislation Committee.
Appendices
14
All appendices referenced in this paper are outlined below:
•
Appendix One – draft LEG Cabinet paper on the repeal of section 7AA
•
Appendix Two – draft Oranga Tamariki (Repeal of Section 7AA) Amendment Bill
4
IN-CONFIDENCE
Cabinet paper: Repeal of section 7AA of the Oranga Tamariki Act 1989,
following Ministerial consultation
Purpose
1
This briefing provides key information regarding the changes made to the draft Cabinet
paper [Appendix One] that seeks agreement to introduce the Bill to repeal section 7AA
of the Oranga Tamariki Act 1989 (the Act), following Ministerial consultation. The draft
Bill has been provided as Appendix Two.
2
The Cabinet paper also reflects decisions made by Cabinet on 2 April 2024 [CAB-24-
MIN-0107] regarding progressing the repeal of section 7AA of the Act as a Government
priority
1
9(2)(f)(iv)
.
3
Once you have reviewed the Cabinet paper, and following any changes you require,
your office will lodge the paper for the Cabinet Legislation Committee (LEG) meeting on
9 May 2024.
Feedback has been received from Ministerial consultation and the Cabinet paper has
been revised to reflect this
4
This Cabinet paper was finalised following Ministerial feedback.
Additional revisions have been made to the Cabinet paper
5
As per Cabinet requirements, the Treaty Provisions Oversight Group (TPOG) was
asked for feedback on the repeal of the Treaty of Waitangi provisions included in section
7AA.
9(2)(f)(iv)
7
Advice provided to the Attorney General notes that the provisions in the Oranga
Tamariki (Repeal of Section 7AA) Amendment Bill are not inconsistent with the rights
and freedoms affirmed in the New Zealand Bill of Rights Act 1990.
We anticipate the repeal of section 7AA will continue to be strongly contested
8
As previously indicated, we expect there to be strong reactions to the repeal of section
7AA from Māori and our partners involved in care and protection, including Pacific
providers, and oversight bodies such as Mana Mokopuna – Children and Young
People’s Commission.
9(2)(f)(iv)
3
IN-CONFIDENCE
9
You will be aware that the Waitangi Tribunal agreed to hear a claim on the repeal of
section 7AA under urgency. A hearing took place on 12 April 2024 and the progress is
ongoing. The repeal of section 7AA, the ongoing Waitangi Tribunal claim, and the
related High Court judicial review has already been reflected in the media and it is likely
that the repeal of section 7AA will continue to be heavily scrutinised.
Next steps
10
The Cabinet paper will be uploaded by Oranga Tamariki by 9am on 2 May 2024. Your
office will need to lodge the paper with the Cabinet Office by 10am on 2 May 2024 in
order to make the meeting of the Cabinet Legislation Committee (LEG) on 9 May 2024.
Officials will draft talking points to assist you with your discussion with the Cabinet
Legislation Committee.
11
Further information on the Cabinet paper, lodgement process and the process to
introduce a Bill into the House can be provided, if required.
12
Once the Bill is introduced, officials will provide materials to support you through the
subsequent House stages.
Appendices
13
All appendices referenced in this paper are outlined below:
•
Appendix One – Repealing section 7AA of the Oranga Tamariki Act 1989 draft
Cabinet paper, following Ministerial consultation
•
Appendix Two – draft Oranga Tamariki (Repeal of Section 7AA) Amendment Bill
4
IN-CONFIDENCE
Appendix One: Talking Points for Hon Karen Chhour, Minister for Children
1
In April 2024, Cabinet agreed to the repeal of section 7AA of the Oranga Tamariki Act
1989 and to make any consequential amendments required.
2
Following earlier Cabinet decisions, I am now seeking Cabinet approval to introduce a
Bill that amends the Act to repeal section 7AA.
3
Section 7AA was introduced to improve outcomes for Māori children and young people.
I believe that it has led to practice decisions that were harmful to children. That is why
this Government has committed to repealing section 7AA as a first step toward
returning the focus of the care system to the safety, well-being and stability of children.
4
The Bill repeals section 7AA of the Oranga Tamariki Act 1989. It also makes
consequential amendments to the Oversight of Oranga Tamariki System Act 2022 and
the Oversight of Oranga Tamariki System Regulations 2023.
5
The Bill does not remove other existing provisions in the Act that require decision -
makers to consider cultural factors in care decisions.
6
The Bill will not alter the principles in section 5 of the Act, which require anyone who
exercises powers under the Act to be guided by the concepts of mana tamaiti,
whakapapa, and the practice of whanaungatanga.
7
The Bill does not prevent Oranga Tamariki from retaining its current strategic
partnerships, or from entering into new partnerships with iwi, hapū and Māori
organisations. I have made it clear to Oranga Tamariki that I expect these partnerships
to continue.
8
The Bill removes the duty placed on the Chief Executive of Oranga Tamariki to annually
report on measures taken to improve outcomes for Māori children . But the Bill does not
alter other reporting mechanisms, including the Oranga Tamariki annual report which
covers two impacts specific to Māori children.
9
I acknowledge that public scrutiny of this process and the Bill will be ongoing.
10
I intend to refer the Bill to the Social Services and Community Select Committee for a
6-month period.
11
I am proposing that the Bill be introduced to Parliament on 14 May 2024.
3
IN-CONFIDENCE
Repeal of Section 7AA bil introduced to Parliament
Legislation to repeal Section 7AA of the Oranga Tamariki Act has been introduced
into Parliament by the Minister for Children, Hon Karen Chhour.
“As someone who grew up in state care, I have a deep appreciation of what children
need.
“This bil comes from a place of my own lived experience of being boxed into a
system that treated me as an identity group first and as a person second.
“As a child, all I wanted was a home where I felt safe and loved. I did not care what
ethnicity the people caring for me were. Children and young people need to know
first and foremost that they are safe, they have a roof over their head, and they are
loved.”
Minister Chhour said she understands the introduction of Section 7AA was well
intentioned, but the unintended consequences have been dire for many children and
caregivers around the country.
“Section 7AA creates a conflict between protecting the best interests of the child and
race-based factors enshrined in 7AA. This conflict has the potential to cause real
harm to our children.
“I am not saying whānau, hapū or iwi should be disregarded, and there are other
provisions within the Oranga Tamariki Act that accounts for that, but I believe
Section 7AA has placed duties on the chief executive that are at odds with the
agency’s primary purpose, which is to support the wellbeing of our most vulnerable
and at-risk children.
“Every child should be seen as an individual and their wellbeing must come first.
“If we truly see our children as taonga, let's start treating them like they're precious.”
The bil is expected to have its first reading anytime from May 21 when the House
resumes sitting.
ENDS
IN-CONFIDENCE
Weekly Report – Week ending 5 April 2024
Repeal of section 7AA
With regard to the repeal of section 7AA from the Oranga Tamariki Act 1989,
decisions have now been made at Cabinet. This enables us to issue drafting
instructions to the Parliamentary Counsel Of ice (PCO), which we have done. The
PCO has begun drafting the Bil , which we wil provide to your Of ice with a Cabinet
paper by 15 April. We are working towards this paper being lodged with the
Legislation Committee (LEG) on 2 May for consideration on 9 May. This wil enable
the Bil to be introduced to the House in mid-May. After its first reading, the Bill will be
referred to the Select Committee for six months .
Of icials are available to discuss work relating to each of these s9(2) Bil s as
required.
(f)(iv)
