“Today’s sad news that ‘Moana’ will be returning to state care shows just how broken the system is. Her caregivers have been bullied by bureaucrats into giving up the child they loved and cared for because of their race,” says ACT’s Children spokesperson Karen Chhour.

“ACT would ensure that the safety and wellbeing of a child is the paramount consideration of Oranga Tamariki, instead of making decisions based on race. We would remove Section 7AA of the Oranga Tamariki Act 1989.

“Moana was traumatised and neglected for years before she was placed in a loving home. It was heart-breaking when bureaucrats then got involved and tried to have her removed from their care because the pakeha family couldn’t provide for her ‘cultural needs’.

“The High Court ruled in favour of her caregivers, that should have been the end of it. Instead there is appeal after appeal and the caregivers cannot afford to keep going to court.

“Oranga Tamariki failed in its obligations by not putting her wellbeing and best interests ahead of all other matters. It has also failed the caregivers who had done nothing but love and care for her.

“It should never have gone this far and Section 7AA was used to justify these decisions, that’s why I want to repeal it. I have a Member’s Bill that is due to be read in Parliament soon to do just that.

“As someone who grew up in state care, I have deep appreciation of what children need. Each child regardless of race, has their own individual circumstances and family background which means we should never take a blanket race-based approach. Every child should be seen as an individual and their wellbeing must come first.

"Section 7AA of the Oranga Tamariki Act 1989 places duties on the Chief Executive that are at odds with the agency’s primary purpose to support the wellbeing of our most vulnerable and at risk children. This will ensure they get a chance in life, and we can break the vicious cycle of trauma, harm and dependencies.

"While well intentioned, Section 7AA creates a conflict between protecting the best interests of the child and race-based factors enshrined in 7AA. This conflict has the potential to cause real harm to our children.

“Oranga Tamariki’s governing principles and its Act should be colour-blind, utterly child-centric and open to whatever solution will ensure a child’s wellbeing. My Member's Bill would ensure this happens, placing more value on the best interests of the child rather than the Treaty.”

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