April 30, 2024
ACT deal can’t trump treaty says tribunal
The Waitangi Tribunal has slammed the Government for putting National’s coalition agreement with ACT ahead of the Treaty of Waitangi.
The tribunal yesterday released an interim report on its urgent inquiry into the pending repeal of section 7AA of the Oranga Tamariki Act.
That section requires the chief executive of the child protection agency to give a practical commitment to the principles of the Treaty of Waitangi, including an obligation to seek and develop strategic partnerships with iwi and Māori organisations.
Inquiry chair Judge Michael Doogan said the rushed repeal of section 7AA will cause actual harm, and a more principled approach would be to use the periodic review process in the legislation to address any problems with the way it was operating.
Children’s Minister and ACT MP Karen Chhour claims treaty duties are not child-centric and section 7AA has had unintended damaging consequences, including the reverse uplifts of children.
The tribunal says it has seen no evidence section 7AA is causing unsafe practice, and crown witnesses confirmed the decision to repeal is based on a political or philosophical viewpoint rather than empirical analysis.
Minister Chhour made it clear repeal was the only option, and there was no consideration of other options or consultation with Maori.
The tribunal says whatever the coalition agreements say, once ministers are sworn in and the Government is formed, the executive is responsible for meeting the Crown’s obligations to Māori under the Treaty of Waitangi.
The Crown does not have a unilateral right to redefine or breach the terms. The obligation is to honour the Treaty and act in good faith towards the Treaty partner.