Waitangi Tribunal’s authority in Chhour case is upheld – but bill’s introduction to Parliament gazumps the ruling
It’s been a momentous few days for Children’s Minister Karen Chhour. The Court of Appeal has overturned a High Court decision which blocked a summons order from the Waitangi Tribunal for her. And today she has announced the Government is putting children first by introducing to Parliament legislation to repeal section 7AA of the Oranga Tamariki Act.
In its ruling, the Court of Appeal acknowledged the importance of the Waitangi Tribunal’s role in inquiry into legislation that (it contended) is inconsistent with the principles of the Treaty of Waitangi. It found the minister had relevant evidence to give to the Tribunal.
Thus it disagreed with the High Court’s ruling that the principle of comity, or legal reciprocity, applied to the Tribunal.
RNZ reported –
In its final report released last week, the tribunal said there were clear breaches of the guarantee to Māori self determination and the Treaty principles of partnership and active protection.
It said prejudice would arise from the rushed and arbitrary repeal of the section of the Act.
No matter. The bill’s introduction to Parliament means the Waitangi Tribunal no longer has jurisdiction over the case. And:
Given the Tribunal had already released a report and the minister answered their questions in writing, it was unlikely she would need to give evidence to the Tribunal.
Chour‘s media statement was one of many posted on the government’s official website in a busy day for ministers.
Among them are the Joint statement of Prime Minister Christopher Luxon and French President Emmanuel Macron which announces a new non-governmental organisation, the Christchurch Call Foundation, to coordinate the Christchurch Call’s work to eliminate terrorist and violent extremist content online.
This change gives effect to the outcomes of the November 2023 Call Leaders’ Summit, where Leaders endorsed New Zealand and France building a resilient Secretariat ahead of the Call’s fifth anniversary in May 2024. The new Foundation is the outcome of this work.
Dame Jacinda Ardern will remain an integral part of this initiative, as Patron of the Call, without being too demanding on the public purse. The press release says she
“… will continue to facilitate dialogue with Leaders, deliver outreach and advocacy to raise the profile of the Call. As with her Special Envoy role, this is a voluntary, unpaid position.”
Newshub reported the Christchurch Call Foundation is the outcome of the November 2023 Call Leaders’ Summit, where leaders endorsed New Zealand and France building a resilient Secretariat ahead of the Call’s fifth anniversary in May 2024.
New Zealand taxpayer funding for the Call will end on June 30, as support functions transfer to the new Secretariat, funded by the new Foundation.
But Taxpayers’ Union Policy and Public Affairs Manager, James Ross, is disgruntled:
“A mealy-mouthed Government media release says direct taxpayer funding of the Call is being replaced by a new Christchurch Call Foundation. The Call shouldn’t get another cent from Kiwi taxpayers until it’s got its act together, and Luxon must rule out taxpayer funding for this new middle man.”
Thus it disagreed with the High Court’s ruling that the principle of comity, or legal reciprocity, applied to the Tribunal.
RNZ reported –
In its final report released last week, the tribunal said there were clear breaches of the guarantee to Māori self determination and the Treaty principles of partnership and active protection.
It said prejudice would arise from the rushed and arbitrary repeal of the section of the Act.
No matter. The bill’s introduction to Parliament means the Waitangi Tribunal no longer has jurisdiction over the case. And:
Given the Tribunal had already released a report and the minister answered their questions in writing, it was unlikely she would need to give evidence to the Tribunal.
Chour‘s media statement was one of many posted on the government’s official website in a busy day for ministers.
Among them are the Joint statement of Prime Minister Christopher Luxon and French President Emmanuel Macron which announces a new non-governmental organisation, the Christchurch Call Foundation, to coordinate the Christchurch Call’s work to eliminate terrorist and violent extremist content online.
This change gives effect to the outcomes of the November 2023 Call Leaders’ Summit, where Leaders endorsed New Zealand and France building a resilient Secretariat ahead of the Call’s fifth anniversary in May 2024. The new Foundation is the outcome of this work.
Dame Jacinda Ardern will remain an integral part of this initiative, as Patron of the Call, without being too demanding on the public purse. The press release says she
“… will continue to facilitate dialogue with Leaders, deliver outreach and advocacy to raise the profile of the Call. As with her Special Envoy role, this is a voluntary, unpaid position.”
Newshub reported the Christchurch Call Foundation is the outcome of the November 2023 Call Leaders’ Summit, where leaders endorsed New Zealand and France building a resilient Secretariat ahead of the Call’s fifth anniversary in May 2024.
New Zealand taxpayer funding for the Call will end on June 30, as support functions transfer to the new Secretariat, funded by the new Foundation.
But Taxpayers’ Union Policy and Public Affairs Manager, James Ross, is disgruntled:
“A mealy-mouthed Government media release says direct taxpayer funding of the Call is being replaced by a new Christchurch Call Foundation. The Call shouldn’t get another cent from Kiwi taxpayers until it’s got its act together, and Luxon must rule out taxpayer funding for this new middle man.”
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Karen Chhour – announcing the bill to repeal section 7AA of the Oranga Tamariki Act – said its introduction reaffirms the Coalition Government’s commitment to the safety of children in care.
“While section 7AA was introduced with good intentions, it creates a conflict for Oranga Tamariki when making decisions in the best interests of the child or young person.
“I consider that section 7AA allows the treatment of children and young people as an identity group first, and a person second, it creates a divisive system that has had a negative impact on caregivers.
“This repeal will make sure that Oranga Tamariki is entirely child-centric and is making decisions that ensure a child’s wellbeing and best interest.”
Removing s7AA from the Act reinforces the need to put the safety of the child first, Chhour says.
The Bill does not stop the consideration of cultural wellbeing of children and young people in the care of Oranga Tamariki.
She said she has indicated to Oranga Tamariki that existing strategic partnerships with iwi and Māori organisations will continue, and the repeal would not prevent Oranga Tamariki from entering into further strategic partnership agreements with iwi or Māori organisations.
But she contends section 7AA has placed some duties on the chief executive that are at odds with the agency’s primary purpose, which is to support the wellbeing of our most vulnerable and at-risk children.
Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton
1 comment:
Does Luxon not understand , NZ has left Ardern and co to fester in the politicl sqaulor they created for NZ.
There is nothing to gain in Christchurch Call or Zero Carbon . Wake up National, NZ is our nation NOT Luxons
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