Five Million Voices

Should section 7AA of the Oranga Tamariki Act 1989 be repealed so the Ministry's decisions focus on the safety and wellbeing of children in care?

The bill repeals section 7AA of the Oranga Tamariki Act 1989, a provision setting out the chief executive's duties relating to the Treaty of Waitangi and outcomes for Māori children. As amended at select committee, it retains in statute the strategic partnerships framework with iwi and Māori organisations.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued the change makes Oranga Tamariki entirely child-centric, ensuring a child's safety and wellbeing are placed first before other considerations.
  • Supporters said the Government was concerned section 7AA had led the agency to prioritise cultural factors over the safety and stability of children.
  • Supporters noted the select committee retained the strategic partnerships framework in statute and pointed to seven existing reporting mechanisms, including reports on outcomes for Māori children, that continue after the repeal.
Why oppose it
  • Opponents argued the repeal removes legislative accountability for the Chief Executive over the removal of Māori children from their whānau.
  • Opponents said the Government had not produced empirical evidence to justify the repeal, despite requests from submitters and the Opposition.
  • Opponents argued the change would obscure the disparities Māori children face in the care system and came alongside reduced funding for community and prevention services.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill repeals section 7AA of the Oranga Tamariki Act 1989. Section 7AA placed specific duties on the chief executive of Oranga Tamariki — the Ministry for Children, which runs the state care and protection system — aimed at improving outcomes for tamariki (children) Māori and recognising the principles of the Treaty of Waitangi. It required, among other things, having regard to concepts such as mana tamaiti, whakapapa and whanaungatanga, developing strategic partnerships with iwi and Māori organisations, and reporting on how the agency was reducing disparities for Māori children, who are heavily over-represented in state care. Repealing the section removes those explicit statutory duties. The Government frames the change as refocusing the agency on its "primary duty" of child safety, and states that the cultural wellbeing of children and young people can still be considered under other parts of the Act.

The repeal is a Government bill reflecting an ACT–National coalition commitment; Children's Minister Karen Chhour championed it, arguing frontline staff felt section 7AA could put a child's race or cultural placement ahead of their immediate safety. Supporters say the agency's overriding focus should be protecting children from harm, and that a single clear priority avoids conflicting decision-making. Opponents — including many iwi, Māori organisations and social-work groups — argue section 7AA was a hard-won safeguard responding to the disproportionate removal of Māori children from their families, that it improved placements with whānau and cultural connection, and that removing it weakens Treaty obligations and could worsen outcomes for tamariki Māori. The Waitangi Tribunal examined the policy and was strongly critical of it. The dispute turns on whether child safety and cultural or whānau connection are competing or complementary goals.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Oranga Tamariki (Repeal of Section 7AA) Amendment Bill · Third Reading, 3 Apr 2025
Parliament voted 68–54 — it passed.