New Zealand Government Faces Backlash Over Plan to Repeal Māori Child Protection Law

The New Zealand government's plan to repeal Section 7AA of the Oranga Tamariki Act, which requires the child protection agency to uphold the principles of the Treaty of Waitangi, has drawn strong opposition from the Waitangi Tribunal. In an urgent report, the tribunal warned that repealing the section could cause harm to Māori children in care and breach the Crown's obligations under the Treaty of Waitangi.

Section 7AA was introduced by the previous National government to protect Māori children and ensure transparency and accountability in addressing disparities they face in the child welfare system. However, Children's Minister Karen Chhour, who is also an ACT MP, claims that treaty duties are not child-centric and that the section has had unintended damaging consequences. "The repeal is based on a political promise, not empirical evidence," the tribunal's report stated, pointing to the government's assumption that the coalition agreement with the ACT party takes precedence over Treaty obligations.

Māori human rights advocate Tina Ngata argues that the drive to remove Section 7AA is based on racist and colonial ideas, rather than facts. "The state seems blind to its own failings that lead to 87% of Māori children in care being further abused," Ngata said. The tribunal's report demonstrates the importance of the section in providing valuable protection for Māori and the potential negative impact the repeal could have on children in the care of Oranga Tamariki.

Why this matters: The proposed repeal of Section 7AA has significant implications for the well-being and protection of Māori children in New Zealand's child welfare system. The controversy highlights the ongoing tensions between the government's political priorities and its obligations to uphold the principles of the Treaty of Waitangi.

Labour children's spokesperson Willow-Jean Prime agrees with the Waitangi Tribunal's recommendations and urges the government to reconsider its plan. The tribunal chair, Judge Michael Doogan, stated that a more principled approach would be to use the periodic review process to address any issues with Section 7AA, rather than rushing to repeal it. The tribunal emphasized that the government does not have a unilateral right to redefine or breach the terms of the Treaty of Waitangi and must act in good faith towards its treaty partner.

Key Takeaways

• NZ govt plans to repeal Section 7AA, which upholds Treaty of Waitangi principles.
• Waitangi Tribunal warns repeal could harm Māori children and breach Treaty obligations.
• Govt claims Section 7AA has "unintended damaging consequences", despite lack of evidence.
• Māori advocate says repeal is based on racist and colonial ideas, not facts.
• Tribunal urges govt to use review process, not repeal, to address Section 7AA issues.