OIA-CE-2025-02923
5 June 2025
Emily O’Callaghan
[FYI request #30925 email]
Tēnā koe Emily
Thank you for your email, received on 8 May 2025, to Oranga Tamariki—Ministry for
Children (Oranga Tamariki) requesting information on complaints by rangatahi in
Youth Justice residences. Your request has been considered under the Official
Information Act 1982 (the Act).
Each Youth Justice residence has a grievance procedure, Whāia te Māmaratanga, in
place, as set out in the Oranga Tamariki (Residential Care) Regulations 1996. The
grievance procedure provides a forum for rangatahi to articulate their concerns and to
have their complaints dealt with fairly, and to ensure that Oranga Tamariki meets its
legal obligations to provide a safe and rehabilitative environment for rangatahi.
Every tamariki and rangatahi placed in a residence has the right to access the
grievance procedure to lodge a grievance and the right to advocacy.
An independent Grievance Panel is appointed to each residence to provide an
independent voice to the grievance procedure. Each panel member is appointed by
the Minister for Children on the nomination of the Chief Executive of Oranga Tamariki,
following consultation with the Principal Youth Court Judge, the Principal Family Court
Judge, and the Children and Young People’s Commission. Each panel has three
members, which includes a tangata whenua member from the area in which the
residence is situated.
Further information regarding Grievance Panels can be found on the Oranga Tamariki
website
here. Information on how tamariki and rangatahi can make a complaint or a
grievance, and the independent services and advocates available to support them in
these processes can be found Oranga Tamariki Practice Centre website
here.
I have addressed each of your questions below.
Copies of all current internal policies, guidelines, and standard operating
procedures (SOPs) related to the handling of complaints by rangatahi in Youth
Justice residences.
Information pertaining to this part of your request is publicly available on the Oranga
Tamariki Practice Centre website. Please find this information listed below for your
convenance:
•
Working with tamariki and rangatahi in residences | Practice Centre | Oranga
Tamariki
•
Allegations of harm to tamariki and rangatahi by caregivers | Practice Centre |
Oranga Tamariki
•
Explaining rights and entitlements to tamariki and rangatahi | Practice Centre |
Oranga Tamariki.
Any documents outlining the purpose, scope, and intended outcomes of the
complaints process.
Please find enclosed as Appendix One Whāia te Māmaratanga guidance that provides
information identified within scope of your request.
Aggregated statistical data (e.g., annual numbers, types, and outcomes of
complaints) from the past five years (2019–2024) regarding complaints made by
rangatahi in Youth Justice residences.
Please find enclosed as Appendix Two a document titled
F2023 Annual Thematic
Review of Grievances in Youth Justice Residences, which contains information
identified within scope of your request.
Please note some information has been withheld as being out of scope of your request.
Any internal reports, evaluations, or reviews assessing the effectiveness of the
complaints process.
No specific internal reports, evaluations, or reviews assessing the effectiveness of the
complaints process have been identified, however reference has been made to the
complaints or grievance process in other reviews, including (but not limited to):
•
the
Secure residences and community homes review, found
here.
•
the report titled
Response to recommendations from the Office of the Children’s
Commissioner monitoring visit to Whakatakapokai Youth Justice Residence,
which is publicly available on the Mana Mokopuna website
here (of particular
relevance is recommendation 3:
Review the grievance process. It should be
independent and impartial and provide a clear mechanism for keeping mokopuna
informed of progress).
Any internal analyses, memos, or research conducted by Oranga Tamariki on
challenges to complaints reporting (e.g., fear of retaliation, cultural barriers, or
"anti-snitching" norms among rangatahi).
The evaluation report
Changing Feedback and Complaints –
An evaluation report
informing the Oranga Tamariki feedback and complaints system has been identified
as in scope of your request, and is publicly available on the Oranga Tamariki website
here.
Any proposals, pilot programs, or policy considerations for alternative dispute
resolution or restorative justice models within Youth Justice residences.
Oranga Tamariki does not have work currently underway on alternative dispute
resolution or restorative justice models within Youth Justice residences. However
Oranga Tamariki continues to review and evaluate its practice; latest research on this
is publicly availab
le 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.
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 a
t www.ombudsman.parliament.nz
or by contacting them on 0800 802 602.
Nāku noa, nā
Kimberley Fourie
Acting Deputy Chief Executive
System Leadership