Legislation stripping Treaty provisions from the Oranga Tamariki Act passed its third and final reading in Parliament last week, and has been granted royal assent by the Governor General leaving many concerned about what this will mean for the many young Māori currently in care.

Children’s Minister Karen Chhour introduced her bill to repeal section 7AA of the Act last year, which requires the ministry to consider whakapapa and the Treaty of Waitangi when making decisions about children and young people in state care.

VOYCE - Whakarongo Mai has been advocating for care experienced tamariki since 2017, and CEO Tracie Shipton says young people are disappointed that after so much debate and disagreement that the change has still gone ahead.

“The argument for the repeal was the fact that section 7AA caused confusion in the decision making process which meant that safety wasn’t prioritised, but if you look at the act it explicitly states that safety is paramount.”

“Any failure to ensure safety isn’t a legislation issue, it’s a training and practice issue.”

Three key speakers from VOYCE - Whakarongo Mai addressed the select committee during oral submissions last year including Care Experienced Advocate Jake Gibbons who spent 18 years of his life in care.

He says his caregivers refused to let him attend a Māori school, and deliberately kept him away from his culture.

“I transitioned out of the care system before section 7AA saw the light of day. And let me tell you, throughout my time in state care, my culture, my heritage —my very essence —was systematically denied to me.”

“I grew up without any connection to my whakapapa, lost in a sea of ignorance and silence.”

Care Experienced Advocate Lisa McLaren also delivered an oral submission after spending 18 years in care, and is now concerned the most important voices still won’t be heard.

“We speak as experts with special expertise, and that is lived experience of the state care system. We truly are the primary stakeholders in this space, because we know more than anyone else exactly what is at stake here.”

“The repeal of section 7AA is simply another issue among a lengthy list of issues we have been vocal on with no assurance from this government that our recommendations will be taken in good faith. Listen and hear us, for we are TIRED of repeating ourselves”

“In a final step, the Governor-General has now given ‘royal assent’ for the bill to become law, despite efforts by Te Pati Māori urging her to block the repeal.

“No Governor General in New Zealand has ever refused royal assent, so unfortunately we didn’t hold out much hope”.

Shipton says without section 7AA, the concern is that the focus on strong cultural practices when making decisions about children in the care system will erode meaning many tamariki will be stripped of the basic human right of connection to their culture, whānau, hapu and iwi.

“The reason why section 7AA was introduced in the first place was to address the overrepresentation of tamariki Māori in every part of the care system. These problems still exist and they’ll only get worse if the legal safeguards aren’t in place to protect them.”

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