Response MIN OIA 24 42 Cox.pdf

7 June 2024

Kendra Cox
[FYI request #26688 email]

Dear Kendra

Thank you for your information request dated 9 May 2024. You asked for the following:

•  Please  release  any  communication  or  information  received  by  yourself  or  your
office relating to advice, discussion, consultation, or evidence regarding the repeal
of s7AA of the Oranga Tamariki Act 1989.

•  This  request  includes,  but  is  not  limited  to,  e-mail  communication,  draft  or  final
documents, and letters. Please also include any txt or instant messages or other
informal methods of communication.

Your request has been treated in accordance with the Official Information Act 1982
(the Act). I have responded to your request in the following two parts.

Communication  or  information  received  by  myself  or  my  Office  from
Oranga Tamariki—Ministry for Children

On 9 May 2024 you made a request to Oranga Tamariki—Ministry for Children for the
following information:
•  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.
In my view, it would have been necessary under section 14 of the OIA to transfer this
part  of  your  request  to  Oranga  Tamariki,  because  the  information  you  requested  is
held  by  that  agency.  However,  as  you  have  already  made  your  request  to  Oranga
Tamariki, we have not transferred it. We do not hold any additional relevant information
in relation to this part of your request that is not already held by Oranga Tamariki. You
will receive a response from Oranga Tamariki in due course.

Communication or information received by myself or my Office from others
I  have  identified  communications  received  by  my  Office  that  are  in  scope  of  your
request. These are enclosed.
Please note that some information has been redacted under the following sections of
the Act:
•
9(2)(a) to protect the privacy of natural persons including that of deceased natural
persons
•
9(2)(g)(i) to 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.
Communication relating to the Waitangi Tribunal’s inquiry
I consider communications and information 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.
Correspondence from the public
I receive a large amount of correspondence from the public on a range of matters,
including the proposed repeal of section 7AA. I have decided to refuse this part of
your request under section 18(f) of the Act as the information cannot be made
available without substantial collation or research. In accordance with section 18A of
the Act I have considered whether fixing a charge or extending the time limit would
enable us to provide a response.
As required under section 9(1) of the Act, I have considered the public interest in
releasing the information withheld. I do not consider the public interest
considerations favouring the release of this information are sufficient to outweigh the
need to withhold at this time.
You have the right under section 28(3) to seek an investigation and review by the
Ombudsman of this decision. Information about how to make a complaint is available
at www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Hon Karen Chhour
Minister for Children

From:
Julie Ash
To:
Leigh Catley; Jasmine Higginson
Subject:
RE: Week ahead info
Date:
Thursday, 28 March 2024 2:44:08 PM
Thank you.
We will need a few back pocket Q and As as the regularly impact statement (RIS) , that was part of the paper and will be released at some stage,  heavily favoured keeping section 7AA in
Ie:
s9(2)(g)(i)
Thanks
  Julie Ash
  Deputy Chief of Staff | Office of Rt Hon Christopher Luxon
  Prime Minister
  Minister for National Security and Intelligence
  Minister Responsible for Ministerial Services


041, Parliament Buildings, Wellington 6160, New Zealand
s9(2)
(a)
From: Leigh Catley
Sent:
s9(2)(a)
Thursday, March 28, 2024 2:32 PM
To: Jasmine Higginson
Cc:
s9(2)(a)
Julie Ash
Subject:
s9(2)(a)
RE: Week ahead info
Yes it is very soon and I now think it is unlikely we will get it done that day. I haven’t even begun a draft . Will let you know when I do, should be later today.
L.
From: Jasmine Higginson s9(2)(a)
Sent: Thursday, March 28, 2024 2:30 PM
To: Leigh Catley s9(2)(a)
Cc: Julie Ash s9(2)(a)
Subject: RE: Week ahead info
Hi Leigh -  just touching base about 7AA.
Are you still planning for Wednesday next week? It’s very soon! Do you have any materials prepared that you can share?
From: Leigh Catleys9(2)(a)
Sent: Wednesday, March 27, 2024 11:32 AM
To: Jasmine Higginsons9(2)(a)
Cc: Matt Young s9(2)(a)
Subject: RE: Week ahead info
Hiya yes I saw the lines and they are fine.
Worth noting/clarifying (as I was told yesterday) the Cabinet decision next week is to approve the policy to repeal, not to actually repeal. That will take another paper (and longer ).
“agree to draft a bill to repeal” is the line from the Cabinet paper.
L.
From: Jasmine Higginson s9(2)(a)
Sent: Wednesday, March 27, 2024 11:28 AM
To: Leigh Catley s9(2)(a)
Cc: Matt Young s9(2)(a)
Subject: RE: Week ahead info
Great, thanks Leigh. Let’s touch base about your plan for 7AA next week, that will be quite big I think.
Cameron in your office may have already passed this on, but we’ve drafted some lines for the PM in case it comes up – can you please let me know if you have any feedback on this?
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)(i)
From: Leigh Catleys9(2)(a)
Sent: Wednesday, March 27, 2024 10:29 AM
To: Jasmine Higginsons9(2)(a)
Subject: RE: Week ahead info
Hi Jasmine,
It’s all about the Section 7AA for us next week.

Announcements
Media release: The Cabinet paper to approve the policy to repeal Section 7AA of the Oranga Tamariki Act is expected to be approved and we will do an announcement for this, probably Wednesday

Out of Scope

L.

From: Jasmine Higginsons9(2)(a)
Sent: Wednesday, March 27, 2024 10:12 AM
To: #Press Alls9(2)(a)
Subject: Week ahead info

Hi all,

Out of Scope

This is an early request for your Minister’s info for the next two weeks. Given we are heading into Easter, we need this info back by 10am tomorrow please.

Here’s what we need:
Any announcements your Minister or their departments are making next week and the week after (for our planning grid)
Out of Scope
Thanks
Jasmine

Jasmine Higginson
Deputy Chief Press Secretary | Office of Rt Hon Christopher Luxon
Prime Minister
Minister for National Security and Intelligence

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
s9(2)

(a)

s9(2)(a)
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s9(2)(a)

From:
Jasmine Higginson
To:
Leigh Catley
Subject:
RE: Section 7AA Comms Material
Date:
Friday, 12 April 2024 2:28:18 PM
Attachments:
image001.png
Thanks Leigh. Keep me updated about the PR and if you decide to issue it.

Can you please check that these QAs are okay?

s9(2)(g)(i)

From: Leigh Catley s9(2)(a)

Sent: Friday, April 12, 2024 2:09 PM
To: Jasmine Higginson s9(2)(a)
Subject: Section 7AA Comms Material

Hi Jasmine,
I’ve attached some lines
a DRAFT media release, which has been seen by Minister Chhour, but not signed off.
We’ve also prepared a short video to go on socials when the release goes out (being produced by the
ACT office, I haven’t seen it yet).
Also the ALO have plans to send an email to supporters advising them of the progress

L.

s9(2)(a)
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What is section 7AA?

Chris Luxon
well, what it is, is it's about making sure that we prioritize the well being of the child
ahead of any other considerations,

Media
It's about unbinding the Treaty of Waitangi and OT, isn't it?

Chris Luxon
correct?

Chris Luxon
Well, What is important is actually the health and the well being of a child. And I make
no apologies for that.

Media
Why can't both of those things be true?

Chris Luxon
Well, actually, what has been happening is, we want to make sure that actually social
workers understand legislatively, that the obligation is to place children in good homes,
as to what ethnicity those families or those foster parents may be, is largely irrelevant.
What matters most those kids are in great environments. They can be placed with
family, family and community. That's great.

Media
Is Turangawaewae important?

Chris Luxon
That is important, but the primary consideration ahead of everything is actually the
health and well being of that child. And we will make no apologies for that. That's really
important. But actually, if they're not in a safe environment, that trumps everything.

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