Submissions

To: Social Services and Community Committee
Date: July 2024

Purpose

This submission strongly opposes the Bill.

Summary of DPA submission

DPA argues that repealing Section 7AA would gravely undermine the rights and well-being of Tamariki Whaikaha Māori (disabled Māori children) and Whānau Hauā (disabled Māori within their iwi, hapū and whānau), risking further intergenerational harm and breaching the principles of Te Tiriti o Waitangi.

DPA acknowledges and supports Tāngata Whaikaha and Tāngata Whaikaha Māori who provided evidence to the Royal Commission of Inquiry on Abuse in Care regarding mistreatment and abuse in state care.

DPA supports a vision for Aotearoa that actively respects and fulfils the rights of all children, advocating for the safety of all disabled children to be cared for, live healthy lives, and grow within their whānau, hapū, and iwi.

DPA strongly supports retaining and upholding the principles of Section 7AA. DPA views Section 7AA as a vital part of legislation that acknowledges past and present injustices moving New Zealand closer to upholding the rights of Tamariki Whaikaha Māori by supporting their unique needs and rights.

DPA notes that the state has historically failed disabled Māori children and Māori children who became disabled in state care, as evidenced in Waitangi Tribunal cases. DPA is concerned that repealing Section 7AA will disproportionately impact Tamariki Whaikaha Māori and Whānau Hauā, risking further intergenerational harm.

DPA believes that Section 7AA reinforces Crown accountability to Te Tiriti o Waitangi, actively addressing institutional racism and promoting the best interests and well-being of Tamariki Whaikaha Māori.

DPA opposes the legislation and recommends its withdrawal. DPA argues that removing Section 7AA would breach Article 2 of Te Tiriti o Waitangi, which guarantees Māori tino rangatiratanga over their kainga, and the Treaty principles of partnership and active protection. DPA asserts that monocultural approaches, which would be perpetuated by the repeal, undermine Tamariki Whaikaha Māori rights to non-discrimination, development, and identity, and are inconsistent with Te Tiriti obligations.

DPA disputes the Bill's implication that placements with whānau, hapū, and iwi are unstable, stressing that Section 7AA supports a child's best interests by recognizing the crucial role of whakapapa, culture, connection, and identity.

DPA also aligns with the NZ Family Violence Clearinghouse's assessment that there is a lack of robust empirical evidence to support the view that Section 7AA causes harmful changes to long-term care arrangements or drives negative practice decisions.

Key Recommendation:

DPA strongly supports retaining and upholding the principles of Section 7AA to progress toward positive outcomes for our Tamariki Whaikaha Māori by supporting their unique needs and rights.

Supporting Statement 1:

“Section 7AA (s7AA) is a critical step towards recognising and reducing the ongoing harms of colonisation and systemic racism that affect mokopuna Māori within the child protection system.2 A repeal now risks progress made, and would take our state care and protection system backwards.”

Supporting Statement 2:

“Māori ways of being, knowing, relating and doing are vital to advancing understanding of the impacts of disability to address priorities and aspirations of Māori with lived experience of disability. There is a critical need for national level dialogue led by, with, and for Māori with lived experience of disability to define their collective identity, (re)claiming their own mātauranga and ways of knowing, in concert with recognition and acknowledgement of their tāngata whenua rights to full expression of tino rangatiratanga in their health and wellbeing.”