PSNZ Opposes Repeal Of Key Oranga Tamariki Act Provision

The Paediatric Society of New Zealand (PSNZ) has
submitted its concerns to Parliament regarding the proposed
repeal of section 7AA of the Oranga Tamariki Act 1989. This
submission, authored by Dr Owen Sinclair (Te Rarawa,
President), Wane Wharerau (Ngāpuhi, Māori Director), and
Dr Russell Wills (Chair of the Child Protection Clinical
Network), highlights significant risks posed by the
repeal.

The proposed bill seeks to remove section 7AA,
which is crucial for recognising the Crown’s Treaty of
Waitangi duties within the child protection system. This
section ensures Oranga Tamariki sets measurable outcomes for
tamariki Māori, has regard to mana tamaiti, and the
whakapapa responsibilities of their whānau, hapū, and iwi,
develops strategic partnerships with iwi, responds to
invitations, and reports to the public on outcomes for
Māori.

PSNZ strongly opposes the repeal,
arguing it will not reduce child abuse or reverse uplifts of
tamariki. They believe it will compromise the health and
wellness of tamariki Māori and breach Te Tiriti o
Waitangi.

“Repealing section 7AA would be
a step backward for our tamariki. We must prioritise their
cultural and holistic wellbeing, which is so vital for
health,” said Dr Owen Sinclair, President of PSNZ.

The
submission highlights that poor child protection practices
are a result of systemic issues, not the statute. Repealing
section 7AA could negatively affect the placement process
and undermine the duty to honour Māori cultural connections
and what this means for tamariki.

Wane Wharerau,
Māori Director of PSNZ, stated, “Our duty to tamariki
Māori is set as a specific remit by the society. This
repeal would disregard the principles of Te Tiriti o
Waitangi and the relationships between the Crown, the
Government, and Māori.”

Section 7AA has contributed
to positive changes, such as reducing disparities and
forming strategic partnerships with Māori organisations.
Repeal risks undoing these gains.

“Tamariki receive
better assessments and care and are safer when Oranga
Tamariki have enduring, respectful relationships with iwi,”
emphasised Dr Russell Wills, Chair of the Child Protection
Clinical Network. “We have seen improved practice and
outcomes resulting from these relationships. We must not put
them at risk.”

It was with shared horror that the
members of PSNZ read the recent Abuse
in State Care Report (Whanaketia). The report details
widespread abuse and neglect that occurred over generations,
with Māori suffering the most.

“We are determined
that this report marks a turning point for our most
vulnerable populations, emphasising a new approach that
focuses on the needs of tamariki and their whānau, rather
than the system,” said Dr Owen Sinclair

PSNZ
emphasises the role of health in child protection, citing
the unmet health needs of children in care. They advocate
for a stronger partnership between Oranga Tamariki and
Health New Zealand | Te Whatu Ora to prioritise care for
vulnerable children.

Read
the full submission here:
www.paediatrics.org.nz/knowledge-hub

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