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Scrapping Section 7AA of the Oranga Tamariki Act: An assault on Māori

A guest post by Kendra Cox (Te Ure o Uenukukōpako, Whakatōhea, Ngāi Tūhoe, Ngāti Porou)

Last week, Minister for Children Karen Chhour’s Oranga Tamariki (Repeal of Section 7AA) Amendment Bill had its first reading in parliament. Iwi, hapū, hāpori and whānau Māori have been fighting against this possibility since it was put firmly on the agenda when the coalition agreement of the three-headed taniwha was made public late last year. The repeal of 7AA has been a project of Minister Chhour’s and the ACT party since 2022 – and indeed a prior version of the current Bill was voted down by the house without making it to first reading in July 2023.

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The wrecking ball swings

We have just lost 9% of Oranga Tamariki staff in order to help reduce spending so that good Kiwis can get the tax cuts promised by the coalition Government. I am reminded of those pandemic casualty images where 5,000 people are standing in a field and then one in every ten is slowly faded out of view. This image is profoundly disturbing but it is the justification provided by the Minister – that this decimation of the physical and intellectual resouces of our state child protection and youth justice agency will make our ‘at risk’ kids safer – that is truly bizarre: “Hello … ? … is anybody home? … this doesn’t make any sense”, except perhaps in the alternate universe of hard-right ideology. The origin of the word ‘decimation’ lies in ancient times when every tenth soldier was put to death to punish and deter insurrection in rebellious Roman legions. There is an element of truth signalled in this analogy. Public servants are potentially powerful and rebellious.

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Fronting up to the Abolitionist Critique

Change is needed in child welfare and in social work more broadly if we are to begin to realise a social justice mandate. It has become blindingly obvious that there are fundamental disjunctions between the way that the profession of social work likes to see itself and the reality of policy and practice. In this post I want to examine some key narrative threads and pose some questions.

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Oranga Tamariki: Reform or Abolish?

The question of whether the Aotearoa statutory social work agency Oranga Tamaraki can be reformed or whether it should be abolished and replaced with something radically different is an issue that has drifted into the fog in recent times. In this post, I’d like to blow away some of the smoke and refocus on this fundamental question.

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Building whānau advocacy

There is currently a movement within Oranga Tamariki to devolve power and resources to hapū and iwi, alongside and together with devolvement to local communities. The focus is on a new system that is ‘locally led, centrally enabled’ 

This direction is shaped by the multiple reviews, inquiries and reforms over the last 3 years, particularly the Waitangi Tribunal findings, which recommended the child welfare system apparatus move away from a ‘notify-investigate’ system to one that is radically different in terms of structure, aims, powerholders and resource distribution. Calls to create meaningful partnerships with iwi and hapū were reiterated as a method to achieve this (they were already required under the 2019 amendments to the Oranga Tamariki Act 1989). Returning to regional and community-based commissioning of services, focussed on earlier prevention and local decision-making, are at the forefront of the change. These directions are similar to those happening elsewhere in the globe, where the weight of the deep inequities reflected in child welfare systems are calling attention to the inherent problems of focussing only on children in societies highly structured by class, ethnicity and gender; where to do so creates artificial and often harmful distinctions between what children need and what the adults who care for them need; and where the power connected to statute distorts relationships and challenges participatory practice. (for example, see the US debate here, the Australian debate outlined here Tied up with this is recognition of the long reach of colonisation and its repercussions today.