Submissions

To: Social Services and Community Committee
Date: December 2024

Purpose

This submission’s primary purpose is to support the Bill with specific amendments, particularly advocating for the re-establishment of the Office of the Children's Commissioner as an independent Crown Entity to ensure a strong, autonomous voice for all children and young people, especially disabled children and rangatahi. Concurrently, DPA expresses strong opposition to the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill 2024, which reintroduced boot camps, due to its disproportionate and harmful impact on disabled youth.

Summary of DPA submission

DPA advocates for the re-establishment of the Office of the Children’s Commissioner as an Independent Crown Entity. This is considered vital for providing clarity and a single point of contact for children and youth, and for ensuring a strong, independent voice for all New Zealand's children, particularly considering the historical abuses in care highlighted by the Royal Commission into Abuse in Care. DPA has appreciated the Commissioner's past work on disabled children's rights.

However, DPA expresses concern about the proposed disestablishment of the advisory board, which included four deputy commissioners, including a disability community representative. DPA recommends that the Bill be amended to allow for the appointment of up to four deputy commissioners, thereby retaining a structure that has effectively integrated disability, Māori, and Pasifika voices into the Office. They also advocate for retaining the title "Office of the Children and Young Person’s Commissioner" to ensure that the voices of rangatahi youth remain prominent within the new structure.

DPA strongly opposes the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill 2024, which reintroduces "boot camps" for young offenders. This opposition is founded on the belief that this legislation will have a disproportionate and harmful impact on young disabled people, especially tangata whaikaha disabled Māori, who are likely to constitute a large proportion of those sentenced to these programs. DPA warns that passing this Bill could lead New Zealand to violate several articles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), given the high number of disabled young people who would likely be affected.

The submission cites alarming statistics: 80% of children involved with Oranga Tamariki have confirmed or suspected mental health or disability-related diagnoses, and 90% face significant learning difficulties. Many have also experienced high levels of abuse, violence, and poverty. DPA references the Royal Commission of Inquiry into Abuse in Care, which investigated previous boot camp experiments like Te Whakapakari, revealing instances of physical, mental, and sexual abuse, as well as neglect. DPA deems the resurrection of such a "harmful and damaging programme" appalling, asserting that these new boot camps are "highly likely to be just as harmful and damaging" for young participants, and reiterating that the Bill contradicts the Royal Commission's finding that state-sanctioned harm against children must cease.

Key Recommendation/Finding:

DPA asks that the Bill (Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill 2024) be withdrawn due to the disproportionate impact it will have on young disabled people, especially tangata whaikaha disabled Māori.

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."