Children’s Rights Alliance Aotearoa New Zealand (CRAANZ) is opposed to the repealing of 7AA, believing it will cause further harm to tamariki Māori and their rights. Together with our membership and children’s rights networks, we developed a joint submission against the repeal which you can access here.

What is section 7AA?

Section 7AA was introduced in 2019 and requires the Ministry for Children’s duty to prioritise whakapapa solutions and protect the cultural identities of Aotearoa’s tamariki and mokopuna. It reflects a commitment to Te Tiriti o Waitangi and a vision that ‘no tamaiti Māori will need state care’ by:

• Addressing Disparities: Requires Oranga Tamariki to work towards reducing socio-economic and historical disparities for Māori with clear goals and outcomes.

• Respecting Connection and Culture: Ensuring that policies and services consider mana tamati, whakapapa, and whanaungatanga.

• Strengthening Partnerships: Developing ongoing partnerships with hapu, iwi, and Māori-led organisations to support tamariki.

• Increasing Accountability: Mandating annual public reports on the Ministry’s actions and their impacts.

What is CRAANZ’s position?

We believe section 7AA helps the Chief Executive of Oranga Tamariki to be accountable to tamariki Māori and have their best interests protected through state care processes by stipulating a practical commitment to Te Tiriti o Waitangi. This important piece of legislation helps recognise the importance of cultural connections and the rights of indigenous children to their identity, language and participation (Articles 8 and 12 of the UN Convention on the Rights of the Child, 1989). It also speaks to the rights to cultural preservation, self determination and protection from discrimination, as outlined in the Declaration on the Rights of Indigenous Peoples (2007). Importantly, section 7AA responds to the overrepresentation of tamariki Māori in care, holding the Crown accountable for ensuring that policies and practices address disparities, and respect mana tamaiti, whakapapa and whanaungatanga.

Considering the factors outlined above, our position is that Section 7AA is important to uphold in relation to Aotearoa’s commitment to Tiriti o Waitangi, alongside international frameworks including the 1989 United Nations Convention on the Rights of the Child (UNCRC) and the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP), as further outlined in this submission. Consequently, we believe that rather than 7AA being in conflict with a child’s best interests, it acts as a mechanism to support them.

Our joint submission

It has been both a pleasure and honour collaborating with many of you on CRAANZ’s joint submission in opposition of the repeal of Section 7AA. With coordination support from Family for Every Child, we were able to deliver a comprehensive overview of the importance of this legislation, which was endorsed by 24 organisations.

We have a collective vision for an Aotearoa that actively respects and realises the rights of all children. In our ideal Aotearoa, every child is safe, cared for, thriving within their whānau, and enjoying intergenerational wellbeing and growth.

While this vision remains a distant goal, Section 7AA is a crucial piece of legislation that brings us closer to achieving it. By upholding the principles of Section 7AA, we can take significant steps toward positive outcomes for every child in Aotearoa by supporting the unique rights and needs of children engaging in our care and protection system.

Read the joint submission here.

A big thank you to the following people and organisations who supported our submission:

Amnesty International Aotearoa New Zealand; Aotearoa New Zealand Association of Social Workers; Children’s Rights Alliance Aotearoa New Zealand; Cooper Legal; Dr Jude Sligo; Dr. Helen Bernstone; Family for Every Child; Kick Back; Mana 2022 Incorporated; New Zealand Council of Christian Social Services; OMEP (World Organisation for Early Childhood Education) Aotearoa NZ; Pacific Women's Watch - NZ; Parents of Vision Impaired NZ; Peace Movement Aotearoa; Pillars Ka Pou Whakahou; Save the Children; Social Service Providers Te Pai Ora o Aotearoa; START; Te Ōhaakī ā Hine - National Network Ending Sexual Violence Together (TOAH -NNEST); Tu Kotahi Māori Asthma Trust; Tu Wahine Trust; UNICEF Aotearoa; VOYCE - Whakarongo Mai; Wesley Community Action; Youth Hub Christchurch