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NZ Parliament Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill

Posted in Submission, Government; Tagged Justice, Corrections; Posted 20 days ago by DPA Less than a minute to read

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To: Social Services and Community Committee
Date: January 2025

 

Purpose

This submission’s core purpose is to strongly oppose this legislation and ask for its withdrawal. DPA aims to highlight the severe and disproportionate negative impact that the Bill, particularly the reintroduction of "boot camps," will have on young disabled people, especially tangata whaikaha disabled Māori. DPA argues that enacting this Bill would likely lead New Zealand to breach its obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and perpetuate state-sanctioned harm.

Summary of DPA submission

DPA strongly opposes the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill 2024 and asks for its immediate withdrawal. The fundamental reason for this opposition is the anticipated disproportionate and harmful impact that the legislation, particularly the reintroduction of "boot camps," will have on young disabled people, especially tangata whaikaha disabled Māori. DPA warns that if this Bill is passed, New Zealand could be in breach of several articles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), given the high number of disabled young people likely to be sentenced to serve time in these camps.

DPA draws attention to alarming statistics cited during the Bill's first reading: 80% of children involved with Oranga Tamariki have a confirmed or suspected mental health or disability-related diagnosis, 90% face significant learning difficulties, and many have experienced high levels of abuse, violence, and poverty. The submission references the Royal Commission of Inquiry into Abuse in Care, which investigated previous boot camp experiments, such as Te Whakapakari in the early 1990s. This investigation uncovered instances where survivors were subjected to physical, mental, and sexual abuse, as well as physical, educational, and medical neglect.

DPA finds it "appalling" that such a harmful program is being resurrected and believes there is a "very real risk of further harm being caused by the state". Recent instances in the current boot camp pilot, including rangatahi absconding and a tragic death, reinforce DPA's view that these new boot camps are "highly likely to be just as harmful and damaging" as those in the past. DPA notes that boot camps are modelled on traditional military discipline, and there are historical instances of abuse in the New Zealand Defence Force leading to personnel acquiring disabilities.

DPA argues that proceeding with this Bill seriously undermines the recent apology made to survivors of abuse in care, as it contradicts a pivotal finding of the Royal Commission: that state-sanctioned harm and abuse against children and young people must cease. The Bill's provisions permitting Oranga Tamariki staff to use reasonable force to prevent escapes are a "very concerning aspect". DPA asserts that this will effectively traumatize a new generation of young people, including disabled rangatahi. Instead of punitive measures, DPA advocates for investment in successful community-based rehabilitation programs like Kotahi te Whakaaro, Circuit Breaker, Fast Track, and Ngāpuhi Iwi Social Services Mahuru, which have proven effective in reducing youth offending by addressing the multiple economic, social, and cultural barriers faced by young offenders.

 

Key Recommendation/Finding:

DPA asks that the Bill (Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill 2024) be withdrawn.

 

Supporting Statement 1:

"Should this legislation be passed, New Zealand could be in breach of several articles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), given the high number of disabled young people who will likely be sentenced to serve time in boot camps."

 

Supporting Statement 2:

"The investigation into Te Whakapakari uncovered instances where survivors were subjected to physical, mental and sexual abuse. Participants were subjected to physical, educational and medical neglect as well."

 
 

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DPA Submission 2501 NZ Parliament Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill (DOCX)

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