The Waitangi Tribunal has released an urgent report on the Government’s plan to repeal Treaty obligations from the Oranga Tamariki Act, saying it would cause “actual harm” to vulnerable children.

The law change, which would repeal section 7AA of the Act, was part of the Act Party’s coalition deal with National and was expected to be introduced to Parliament by Minister for Children Karen Chhour in the coming weeks.

Section 7AA requires the chief executive of Oranga Tamariki to provide a practical commitment to the principles of the Treaty of Waitangi.

It also ensured that Oranga Tamariki considered “the whakapapa (genealogy) of Māori children and . . . the whanaungatanga (familial) responsibilities of their whānau, hapū and iwi”, the Act reads.

The Tribunal’s report, released Monday, read: “In light of the possibility that the Bill may soon be introduced, we think this is the right time to raise three matters with the government in the hope they may consider them before taking final decisions on how to proceed.”

The three issues the Tribunal was concerned about were that the coalition Government had “disregard[ed] its obligations” under the Treaty of Waitangi, the repeal of section 7AA would “cause actual harm”, and there was “a more principled way forward”.

The report noted Chhour’s concern the requirements of section 7AA were seeing Māori children removed from “safe and loving homes because the caregivers are deemed the wrong ethnicity” as written in a paper presented to Cabinet.

Chhour also believed section 7AA and the focus on ethnicity was drawing attention away from giving children the best possible care.

However, the Tribunal said any evidence section 7AA was creating unsafe practice was anecdotal.

Act Party MP Karen Chhour. Photo / Mark Mitchell

“We have seen none. Crown counsel and Crown witnesses have confirmed that the government’s decision to repeal section 7AA is not based on an empirical public policy case,” the report read.

The Tribunal also said concerns section 7AA was distracting Oranga Tamariki from providing the best care and focusing on ethnicity “represents a fundamental misunderstanding of what the Treaty says”.

“At this point in our inquiry, we are struggling to understand how any government, having proper regard to the Treaty, could conclude that the repeal of section 7AA was appropriate on the basis of the case presented in the Minister’s paper to Cabinet,” the report read.

An unprecedented request earlier this month summonsed Chhour to the Tribunal to answer questions about the Government’s plans to remove section 7AA after she initially refused to show.

The High Court ruled Chhour couldn’t be compelled to appear before the Tribunal, with Justice Andru Isac granting the Crown’s application for judicial review. This set aside the summons issued by the Tribunal.

Labour’s children’s spokeswoman Willow-Jean Prime said the Government should take the Tribunal’s report seriously.

“Repealing it [section 7AA] is wrong, and this urgent Waitangi Tribunal interim report should help National wake up to the fact that Act’s policy should not be government policy,” Prime said.

“The Tribunal goes as far as to say this Government’s approach could breach the Treaty of Waitangi, because of its disregard of consultation with those it affects.”

Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.

This article was originally posted on the NZ Herald here.