Submission on Oranga Tamariki (Repeal of Section 7AA) Amendment Bill)

3 July 2024

1. Ko wai tātou?                                                                                                                               

1.1   We, the undersigned, as Archbishops of Tikanga Pākehā (The Most Reverend Justin Duckworth) and Tikanga Māori (The Most Reverend Don Tamihere) of the Anglican Church in Aotearoa New Zealand and Polynesia, note with great concern the bill before the New Zealand Parliament to revoke Section 7AA of the Oranga Tamariki Act. We represent some 320,000 people across ngā motu. 

1.2   At a broad and historical level, the Anglican Church in Aotearoa New Zealand was integral to the writing and translation of Te Tiriti and its careful dissemination among iwi; helping to bring to fruition a covenant which we believe sought to protect and uphold the self-determination of mana whenua. As part of this, we acknowledge our own role in any injustice perpetuated. However we perceive this Bill to be in opposition to Te Tiriti.

1.3   At a specific and local level, we represent a national network of churches and church social organisations which operate at the front line with families and whānau in their daily lives. Many of our people are concerned at this retrograde step in care for some of the most vulnerable in our communities.

2. Kaupapa of this submission

2.1   We are deeply concerned that the revocation of Section 7AA of the Oranga Tamariki Act, by which Māori will no longer be given priority to care for tamariki taken from their immediate whānau, undermines the principle of whanaungatanga, and is a breach of the Treaty of Waitangi.* This revocation fails to honour the role of whānau, hapū and iwi in decisions on the best care for tamariki Māori. We note with concern that the findings of the Waitangi Tribunal have been overruled.

2.2   We believe the revocation of s7AA risks the repetition of past injustices perpetuated towards tamariki Māori in state care. The evidence coming from the ongoing Royal Commission into Abuse in State and Faith-Based Institutions has proved that state-imposed “care” is a proven source of further harm for tamariki Māori. This has been a cause of great shame to state and faith-based institutions, including our own Church. In other colonised countries, we see similar effects of state sidelining of indigenous-led care practices for children, such as Australia’s ‘stolen generation’, and abuses which occurred to indigenous children in Canadian children’s homes. 

2.3   The revocation of s7AA risks perpetuating systemic institutional racism by failing to recognise non-Eurocentric cultural practices, such as whāngai, in the care of tamariki Māori. We note the connection between minimisation of Māori cultural practice and the disproportionate number of tamariki Māori in the care and protection system.

2.4   We note that there appears to be little evidence of best practice research in the decision to revoke s7AA. We note the Oranga Tamariki report which itself states that there is no empirical proof that s7AA directly contributes to poor outcomes for tamariki.

2.5   We acknowledge that while there may be gaps in the resources available to iwi Māori organisations to care for tamariki, the revocation of Section 7AA weakens the ability of those organisations to grow in capacity.

2.6   We are concerned that the revocation of s7AA has been tabled with a noted lack of consultation with mana whenua and other key social service providers.

2.7   As kaitiakitanga holders of Christian spirituality within Te Haahi Mihinare / the Anglican Church, we note that this proposal denigrates the tapu of mokopuna, and fails to acknowledge the spiritual importance of whakapapa, the knowing of stories, to the identity of each of us. The removal of s7AA puts the ability of tamariki to learn their stories at risk and thus increases the risk of spiritual harm and mental distress and associated poor social outcomes.

3. Conclusion

3.1   We implore Parliament to retain s7AA.

3.2   We believe its revocation is a clear breach of the principles of Te Tiriti o Waitangi.

3.3   We believe that communities thrive when cultural ways of life are nurtured and supported.

3.4   We believe that robust systems of reporting, designed in partnership with iwi Māori, are necessary to provide the security and accountability that tamariki are safe, and to gather robust evidence of the efficacy of whānau-based care / care of Māori children by Māori.

3.5   We ask this government to be forward-facing and creative and to seek partnership in the spirit of Te Tiriti.

3.6   The Anglican Church in Aotearoa New Zealand and Polynesia continues to commit to its duty of care in working alongside state agencies to protect the vulnerable. 

Archbishop Donald Tamihere               Archbishop Justin Duckworth                     
Te Pihopa o Aotearoa                              Senior Bishop, Tikanga Pākehā

(Endorsed on 4 July by)

Archbishop Sione Ulu’ilakepa
Bishop of Polynesia

*"We have found clear breaches of the Treaty article 2 guarantee to Māori of tino rangatiratanga over kainga and of the Treaty principles of partnership and active protection. We have also found that prejudice will arise from the rushed and arbitrary repeal of section 7AA, not only due to the failure to fully analyse likely downstream effects but more importantly due to the significant risk of actual harm to vulnerable tamariki and the risk of erosion of trust amongst Māori whānau and communities." See Waitangi Tribunal, The Oranga Tamariki (Section 7AA) Urgent Inquiry, May 2024, Section 1.9.5.