Oranga Tamariki (Repeal of Section 7AA) Amendment Bill

Oranga Tamariki (Repeal of Section 7AA) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The aim of this Bill is to ensure that the wellbeing of children and young people is the paramount consideration of Oranga Tamariki. Section 7AA of the Oranga Tamariki Act 1989 places duties on the Chief Executive of Oranga Tamariki that are at odds with the agency’s primary purpose to support the wellbeing, and act in the best interests, of a child or young person. While well intentioned, section 7AA creates a conflict between the requirement to make decisions in the best interests of the child and duties placed on the Chief Executive to organise the department around a relationship between the state and signatories to the Treaty of Waitangi. These duties are not child-centric and inform policies and practices, such as so-called “reverse uplifts”, which cause harm to children and young people CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause and provides for the Bill to come into force on the day after Royal assent. Clause 3 identifies the Oranga Tamariki Act 1989 as the Act being amended by the Bill (the principal Act ). Clause 4 repeals section 7AA of the principal Act. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Oranga Tamariki (Repeal of Section 7AA) Amendment Act 2022 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Oranga Tamariki Act 1989 (the principal Act ). 4 Section 7AA repealed (Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)) Repeal section 7AA.