Tēnā koutou katoa,
Ngā mihi o te wā o Matariki, o Pūanga ki a koutou katoa.
After a long struggle nearly 5 years ago we took the #Handsoffourtamariki Petition to the steps of Parliament to call on the Government to uplift and actively enact Section 7AA. We were supported by 17,381 that signed the petition and all that wrote letters and all that walked the streets to Parliament in July 2019 to deliver the petition.
Sadly, we are having to again call on Aotearoa to make your voices heard as this current Coalition Government moves to remove section 7AA of the ‘Oranga Tamariki Act 1989- Children’s and Young People’s Well-being Act 1989’. (https://www.legislation.govt.nz/act/public/1989/0024/latest/LMS216331.html) Repealing Section 7AA serves to remove the obligation of the Ministry for Children to give practical effect to Te Tiriti o Waitangi and therefore removes all obligations and responsibility of the Ministry to seek whakapapa solutions for the well-being of our tamariki and mokopuna. This also removes the obligation of agencies to ensure our tamariki connection to their tuakiritanga, their identity, that will ground them as they move through difficult times in their lives. This government is doing this with no regard to the depth of knowledge and understanding that you and many others around the country know about the need for connection, for identity, for cultural ways of being, for reo, for tikanga, for knowing where we belong. Instead they have chosen to take a path of denying this to our babies.
Section 7AA is a positive affirmation of the desire for our tamariki to be cared for and raised in homes where their whakapapa connection is not only maintained but is able to flourish. The removal of Section 7AA is a harmful and destructive act against our tamariki and mokopuna. It is a punitive act by this government to remove the sole clause that seeks to protect the longterm cultural and spiritual connection of tamariki who are placed into the State system. Rather than work to move beyond State control and to empower whānau, hapū, iwi and communities to create long lasting processes for well-being for our tamariki, this government is reverting to systems that deprive and further isolate our tamariki. The inclusion of Section 7AA in the legislation came after many years of experience and research by those at the cutting edge of tamariki well-being and the need for such a focus was articulated most clearly in documents such as Pūao Te Ata Tū: The Report of the Ministerial Advisory Committee on a Māori Perspective For the Department of Social Welfare (https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/archive/1988-puaoteatatu.pdf) and evidence consistently in multiple agency, commission and Tribunal reviews and Tribunal Reports, including:
Ministry of Social Development, (2015) Modernising Child Youth and Family:
Expert Panel Interim Report, Wellington: New Zealand Government – https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_212767746/Oranga%20Tamariki%20Urgent%20W.pdf
Office of the Children’s Commissioner (2015) The State of Care Report,
Wellington – https://www.manamokopuna.org.nz/documents/42/OCC-State-of-Care-2015-2.pdf
Ko Te Wā Whakawhiti: It’s Time For Change – A Māori Inquiry Into Oranga Tamariki (2020) https://whanauora.nz/publications/ko-te-wa-whakawhiti
Waitangi Tribunal (2021) He Pāharakeke: He Rito Whakakīkī Whāruarua – Oranga Tamariki Urgent Inquiry https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_171027305/He%20Paharakeke%20W.pdf
T H E O R A N G A T A M A R I K I ( S E C T I O N 7 A A ) U R G E N TI N Q U I R Y R E P O R T (2024) https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_212767746/Oranga%20Tamariki%20Urgent%20W.pdf
As such we are sending this update to ask that you all continue the support by signing the Māori Party Petition calling for those representatives in Parliament to vote against the removal of Section 7AA and the Action Station letter to the Minister.
Māori Party Petition
The link and details for the petition are below:
Hands Off Our Babies – Stop The Repeal Of Section 7AA
Te Pāti Māori are calling for the House of Representatives to;
Vote against the repeal of section 7AA of the Oranga Tamariki Act.
Whakapapa is a culmination of cultural forces which shape us, and are unique to our being. To know your whakapapa is to know yourself. Only Māori can understand the prevalence of identity and culture, and though our whakapapa can never be taken away, it can be erased from our reality.
The system makes us believe we are not good enough to raise our own, and that we are better off handing our flesh and blood to Pākehā. This myth overlooks the damage caused by cultural assimilation. No longer can we let another of our mokopuna be exterminated from the inside out through ripping them away from their culture and identity.
All Pākehā supremacist actions by this government that erase whakapapa from mokopuna lives must be stopped. Section 7AA provides an avenue for the Government to respect Te Tiriti o Waitangi through child protection policy, and must be maintained to avoid real and immediate risks highlighted by the Waitangi Tribunal and Ministry officials.
Te Tiriti was created so the Queen of England could control her unruly Pākehā in Aotearoa. Te Tiriti never envisaged Pākehā taking our babies away from us. That was only ever meant to be the prerogative of whānau, hapū and iwi. Nōku ōku uri! Kauaka rā ō ringa e Te Kāwana! Hands off our babies!
Please support this petition to stop the Government from removing mokopuna Māori from themselves, by signing it and sharing it with your whānau and friends via social media and email.
Action Station Letter
Action Station Letter
https://our.actionstation.org.nz/petitions/save7aa
Why is this important?
We all want the laws and practices guiding how we as a country look after children in care to have their best interests at heart. We know feeling connected to their culture and history is essential to children’s wellbeing.
Section 7AA is the only section of the Oranga Tamariki Act that ensures our tamariki Māori have their best interests protected through state care processes. It allows an ongoing partnership between the Crown and Māori to remedy shortfalls experienced by tamariki and their familial ties through state care processes. The repeal of this section will impact the way Oranga Tamariki interact with our children, straining their whakapapa ties with little to no regard as to the implications.
Minister for Children Karen Chhour plans to introduce a bill to take 7AA out of the Oranga Tamariki Act to Parliament in mid-May.[1]
Section 7AA is the primary legal mechanism for recognising the Crown’s Te Tiriti o Waitangi duties in our child protection system, ensuring:
1) The policies and practices of Oranga Tamariki have the objective of reducing socio-economic and historic disparities by setting measurable standards and outcomes for Māori
2) That the polices, practices and services of Oranga Tamariki have regard to mana Tamati, whakapapa and whanaungatanga
3) Partnerships with hapu, iwi and Māori-led organisations are ongoing and strong to protect our Tamariki
4) Accountability is practised by reporting publicly and annually what the Ministry has done, and the impact of those actions with clear next steps.
The recent report from the Waitangi Tribunal sheds light on the deeper implications of such a repeal, emphasising the profound impact it would have on the lives of our tamariki and their whānau.[2] Now is the time for action, for us to come together and defend the rights of our children.
Indigenous voices and perspectives must be central to any changes made to legislation affecting their well-being. The absence of meaningful consultation with Māori about the repealing of these sections is deeply concerning and represents a failure to uphold the principles of partnership and participation enshrined in Te Tiriti o Waitangi.[3] Without adequate safeguards and holistic considerations, changes to the Oranga Tamariki Act could inadvertently harm vulnerable children and families, particularly those already disproportionately affected by systemic inequities and socio-economic challenges.
By signing this petition, you are standing up for the rights of our tamariki and sending a clear message that their well-being and cultural identity must be protected at all costs. Together, let’s ensure that Section 7AA remains intact.
Join us in this crucial fight by signing the petition today and spreading the word to your friends, family, and community. Together, we can make a difference and safeguard the future of our children.Please also take time if you can to email or mail those in Parliament with your views. Our voices are important and it is crucial that we are loud and clear about our opposition to this move.
We appreciate the ongoing support you all have given to the well-being of current and future generations.
Ngā manaakitanga
#Handsofourtamariki whānau