8 Aug 2024

Section 7AA repeal: MPs told connection to culture critical to wellbeing

8:16 am on 8 August 2024
Hundreds are expected to gather outside Parliament in support of Ngāpuhi opposition to the repeal of Section 7AA of the Oranga Tamariki Act.

File photo. More than 200 people gathered outside Parliament earlier this week in support of Ngāpuhi opposition to the repeal of Section 7AA of the Oranga Tamariki Act. Photo: RNZ / Emma Andrews

"No other child should endure the cultural deprivation I experienced," Jacob Gibbons, a state care survivor, told MPs on Wednesday on behalf of VOYCE Whakarongo Mai.

Gibbons, of Ngāpuhi descent, said he had 18 years of care experience and that he sat in front of the select committee as a proud indigenous Māori.

"Throughout my time in state care, my culture, my heritage, my very essence was systemically denied to me.

"No other child should feel lost, out of place, disconnected from their roots."

Gibbons, along with others, submitted to the Social Services Select Committee yesterday, hearing submissions on the bill to repeal Section 7AA of the Oranga Tamariki Act which binds the organisation to the principles of the Treaty of Waitangi.

Public health experts, researchers, lawyers, psychologists and iwi all spoke of their concern that more harm could be done if 7AA was removed.

Hāpai te Hauora Māori Public Health said they "reject the notion that culture should ever be seen as a barrier to safety".

Dr Tania Cargo, a clinical psychologist, told the committee "there is very strong evidence that cultural connection, cultural belonging and strong cultural identity buffer against a range of psychological and other health problems".

The Mental Health and Wellbeing Commission said "connection to culture" is undeniable as a "critical enabler to wellbeing".

New Zealand's Law Society pointed out the repeal of 7AA would not reprioritise the well-being and safety of young people.

"Section 7AA does not displace the requirement that welfare and the best interests of the child is the paramount consideration."

Academics pointed to research undertaken internationally that indigenous children need a connection to their whakapapa in order to thrive."

And Ngāti Kahungunu, concerned about the nature of strategic partnerships if 7AA was repealed, said "the repeal of this clause would shift the focus from a system-wide obligation to a reliance on individual staff members".

Te Rūnanga o Ngāti Toa Rangatira chief executive Helmut Modlik pointed to the lack of evidence that 7AA was creating the harm the minister for children said she wanted to avoid.

The minister in charge of the bill, Karen Chhour, when asked for evidence told media it came from "court cases where this has been an issue" and also "from being out in the community and talking to people who have been affected by this".

In response to the overwhelming opposition of submissions, Chhour stated she had come to Parliament to make a real difference to young people's lives, "and to make sure that their safety and their best interests are at the forefront of everything that we're deciding".

"I am prepared to make that change if we are putting the safety and well being as the first decision in everything that we're doing around our young people."

Submissions will continue with the select committee due to report back in November.

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