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The Oranga Tamariki (Section 7AA) urgent inquiry report : WAI 3350 Waitangi Tribunal report

Contributor(s): Waitangi Tribunal.
Material type: materialTypeLabelBookPublisher: Waitangi Tribunal, 2024Description: electronic document (54 pages) ; PDF file.ISBN: 978-1-7385974-5-1 (PDF).Subject(s): Oranga Tamariki, Ministry for Children | CHILD PROTECTION | CHILD WELFARE | LEGISLATION | MĀORI | Oranga Tamariki Act 1989 | Children’s and Young People’s Well-being Act 1989 | TAMARIKI | TE TIRITI O WAITANGI | TAIOHI | TE AO MĀORI | TIKANGA TUKU IHO | TOKO I TE ORA | TURE WHĀNAU | NEW ZEALANDOnline resources: Download final report | Download interim report, PDF | Read media release, 29 April 2024 | Oranga Tamariki (Repeal of Section 7AA) Amendment Bill, introduced 13 May 2024 Summary: The Waitangi Tribunal has released its final report on this urgent matter. The report concerns claims submitted to the Tribunal under urgency regarding the Crown’s policy to repeal section 7AA of the Oranga Tamariki Act 1989. Section 7AA imposes specific duties on the chief executive of Oranga Tamariki so as to provide a practical commitment to the principles of the Treaty of Waitangi A key policy objective of section 7AA was to reduce the disproportionate number of Māori entering into care and to improve outcomes for those tamariki already in care. Under section 7AA, iwi or Māori organisations may enter into strategic partnerships with the chief executive. There are 10 strategic partnership agreements under section 7AA currently in place, as well as nine relationships with post-settlement governance entities, some of whom are also strategic partners. The claimants and interested parties argued that the repeal of section 7AA and the absence of consultation with Māori and the Crown’s strategic partners breached the Crown’s Treaty duties. (From the media release related to the Interim report). The final report includes the Waitangi Tribunal’s findings and recommendations. Record #8686
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Final Waitangi Tribunal report released 10 May 2024
Interim Waitangi Tribunal report released, 29 April 2024

Note: Oranga Tamariki (Repeal of Section 7AA) Amendment Bill, introduced to Parliament, 13 May 2024 (while Parliament in recess)

The Waitangi Tribunal has released its final report on this urgent matter.

The report concerns claims submitted to the Tribunal under urgency regarding the Crown’s policy to repeal section 7AA of the Oranga Tamariki Act 1989. Section 7AA imposes specific duties on the chief executive of Oranga Tamariki so as to provide a practical commitment to the principles of the Treaty of Waitangi

A key policy objective of section 7AA was to reduce the disproportionate number of Māori entering into care and to improve outcomes for those tamariki already in care. Under section 7AA, iwi or Māori organisations may enter into strategic partnerships with the chief executive. There are 10 strategic partnership agreements under section 7AA currently in place, as well as nine relationships with post-settlement governance entities, some of whom are also strategic partners.

The claimants and interested parties argued that the repeal of section 7AA and the absence of consultation with Māori and the Crown’s strategic partners breached the Crown’s Treaty duties. (From the media release related to the Interim report).

The final report includes the Waitangi Tribunal’s findings and recommendations.

Record #8686