IN-CONFIDENCE
6 June 2024
Kendra Cox
[FYI request #26681 email]
Tēnā koe Kendra
Thank you for your email to Oranga Tamariki—Ministry for Children (Oranga Tamariki),
received on 9 May 2024, requesting information on communications to the Minister for
Children regarding the repeal of section 7AA of the Oranga Tamariki Act 1989. Your
request has been considered under the Official Information Act 1982 (the Act).
You have requested:
Please release any communications between Oranga Tamariki - Ministry for
Children; Oranga Tamariki leadership (including but not limited to the CE, DCE
team, Chief Social Worker, Pou Tikanga); or contracted researchers, experts, or
consultants for Oranga Tamariki and the office of the Minister for Children Karen
Chhour (including any experts or consultants contracted by the office) regarding
the repeal of s7aa of the Oranga Tamariki Act 1989.
Please include any draft or final documents, e-mails, text or instant messages
regarding the repeal.
As part of the recent Waitangi Tribunal inquiry, the following documents were provided:
•
B-0008 Initial advice on the repeal of section 7AA of the Oranga Tamariki Act 1989
•
B-0056 Bids for the Government’s 2024 Legislation Programme
•
B-0058 Timeline for repeal of s7AA
•
B-0084 Further Advice on bids for the Government’s 2024 Legislation Programme
•
B-0095 Draft Cabinet paper: Repeal of section7AA of the Oranga Tamariki Act
1989
•
B-0124 Repeal of section 7AA: Cabinet paper summary and talking points
•
B-0113 Cabinet paper: Repeal of section 7AA of the Oranga Tamariki Act 1989,
following Ministerial consultation
These documents have now been published on the Oranga Tamariki websit
e here.
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IN-CONFIDENCE
In addition, a Regulatory Impact Statement and a Cabinet paper on the repeal of section
7AA can be found on the Oranga Tamariki websit
e here.
As these documents are publicly available, this part of your request is refused under
section 18(d) of the Act.
I consider documents and advice relating to the Waitangi Tribunal’s inquiry into the
repeal of Section 7AA of the Oranga Tamariki Act 1989, and related court proceedings,
to be out of scope of this request. If these communications were in scope, it is likely that
a substantial portion of the information would be withheld in full under section 9(2)(h), to
maintain legal professional privilege.
Please find attached as Appendix One the following documents:
•
B-0140 Oranga Tamariki (Repeal of Section 7AA) Amendment Bil Approval for
Introduction
•
B-0153 Cabinet Paper Oranga Tamariki (Repeal of section 7AA) Amendment Bil
following Ministerial consultation
•
B-0154 Repeal of section 7AA LEG Cabinet paper summary and talking points
•
Press release - Repeal of Section 7AA bil introduced to Parliament
•
An excerpt from the weekly report for the week ending 5 April 2024
Please note that some information has been withheld under the following grounds:
•
9(2)(f)(iv) to maintain the constitutional conventions for the time being which protect
the confidentiality of advice tendered by Ministers of the Crown and officials
•
9(2)(g)(i) maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members of
an organisation or officers and employees of any public service agency or
organisation in the course of their duty
•
9(2)(g)(i ) to maintain the effective conduct of public affairs through the protection of
employees from improper pressure or harassment
Please note that B-0153 and B-0154 originally included copies of a draft Cabinet paper
and a draft Bil – these have been withheld from both documents under the following
sections of the Act:
•
Draft Cabinet paper: 9(2)(g)(i) maintain the effective conduct of public affairs through
the free and frank expression of opinions by or between or to Ministers of the Crown
or members of an organisation or officers and employees of any public service
agency or organisation in the course of their duty
•
Draft Bil : 9(2)(h) to maintain legal professional privilege
The Departmental Disclosure Statement and Oranga Tamariki (Repeal of Section 7AA)
Amendment Bil can be found on the New Zealand Legislation websit
e here.
Oranga Tamariki may make the information contained in this letter available to the public
by publishing this on our website with your personal details removed.
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IN-CONFIDENCE
I trust you find this information useful. Should you have any concerns with this response,
I would encourage you to raise them with Oranga Tamariki. Alternatively, you are advised
of your right to also raise any concerns with the Office of the Ombudsman. Information
about this is available at
www.ombudsman.parliament.nz or by contacting them on 0800
802 602.
Nāku noa, nā
Phil Grady
Deputy Chief Executive
System Leadership
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Document Outline
