Government on collision course with Waitangi Tribunal over Karen Chhour summons - Audrey Young

Minister for Children Karen Chhour. Photo / Mark Mitchell

OPINION

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Welcome to the Politics Briefing. The Government and the Waitangi Tribunal are on a collision course after the judge presiding over an urgent inquiry, Michael Doogan, summonsed Act Party minister Karen Chhour to appear before it - against her will.

The inquiry is into her plans to remove section 7AA from the Oranga Tamariki Act, which sets out the duties of the chief executive of Oranga Tamariki in relation to the Treaty of Waitangi. The section says, among other things, that the chief executive must ensure: “The policies, practices and services of the department have regard to mana tamaiti (tamariki) and the whakapapa of Māori children and young persons and the whanaungatanga [kinship] responsibilities of their whānau, hapū and iwi.” It also provides for partnerships between Oranga Tamariki and iwi.

The judge said he would rather invite the minister to give the evidence (either by affidavit or in person) than summons her, and set out the questions he wanted answers for, including reasons for the decision and consultation carried out.

But the Government’s lawyers, Crown Law, say she won’t be appearing or giving written evidence. Its lawyers have argued that the move contravenes constitutional principles and that the repeal was a political decision not based on empirical evidence.

The Crown has said it would take any summons to the High Court for review. It gave the tribunal part of a Cabinet paper and the regulatory impact statement on the plan.

The judge said: “Crown counsel say that the Government’s decision to repeal section 7AA is not based on an empirical public policy case and the minister’s concerns, expressed in the Cabinet paper regarding a conflict of duties between the section 7AA duties and the best interest of a child, reflect a political or philosophical viewpoint [and] are not reducible to empirical analysis. We see it differently and are of the view that we are entitled to ask the minister for information.”

Judge Doogan has given a deadline of April 26 for a response.

The tribunal is a commission of inquiry and, as such, it has the power to “issue a summons requiring any person to attend at the time and place specified in the summons, to give evidence and to produce any papers, documents, records or things in that person’s possession or under that person’s control that are relevant to the subject of the inquiry”.

The tribunal itself is in the sights of the Government, with the coalition agreement between National and New Zealand First setting out plans for a review of the tribunal’s work.

It seems rather unusual that the minister could not have furnished the tribunal with a written statement.

No rest for David Seymour

Meanwhile, Act leader David Seymour remains busy through the current recess. He joined Housing Minister Chris Bishop yesterday to set out measures to encourage landlords to allow tenants to have pets - also part of the Act coalition agreement.

And today he has announced plans to overturn a move established by the last Government to allow for a better spread of the early childhood education (ECE) network by having to approve where new services should be set up. Seymour argues that that is red tape and reduces competition.

Quote unquote

“To be the best New Zealander I can be, I have to be the best Māori I can be” - Tama Potaka, Minister of Māori Development and Conservation, on Moana (Whakaata Maori).

Micro quiz

Prime Minister Christopher Luxon is visiting three Southeast Asian countries this week. Which ones? (Answer below.)

Brickbat

Goes to Luke Somerville, spokesman for Renters United, for his wholly negative response to the pet bonds policy to encourage landlords to let tenants to have pets: “Every renter has a story about their landlord trying to charge them hundreds of dollars in rent for a mark on the wall. What’s to say we are not going to see more of that now?” (RNZ). Hey Luke, how about talking on behalf of the tenants who want pets?

Bouquet

Pet Refuge founder Julie Chapman. Photo / Kathryn Nobbs

Goes to Julie Chapman from Pet Refuge, who welcomes the pet bond policy, saying many women delay leaving violent homes for fear they won’t be able to find rental accommodation that will accept their pet.

Latest political news and views

ECE rules: Associate Education Minister David Seymour has pared back the requirements around qualifications for supervisors in early childhood centres.

Repeal controversy: In a rare move, the Waitangi Tribunal has summonsed a sitting minister to explain why she wants to repeal section 7AA of the Oranga Tamariki Act.

Analysis: The coalition Government has lashed the previous Government for planning to sell more than 10,000 state houses. Thomas Coughlan looks into the proposal.

Pet bonds: The Government will legislate to allow landlords to ask prospective tenants to put up an additional amount in bond for damage caused by a pet.

Mega tunnel: There’s disbelief the Government is considering a mega tunnel underneath Wellington after axing the Cook Strait mega ferry project.

NZSAS revelations: The military has lifted the lid on the elite New Zealand Special Air Service with the release of a document that includes details of missions it has carried out.

Asia trip: Christopher Luxon talks about what he hopes to achieve during his first mission to Southeast Asia as Prime Minister.

Australia trip: Te Pāti Māori co-leader Rawiri Waititi and MP Takutai Tarsh Kemp have travelled to the Gold Coast to strengthen ties with Māori in Australia.

Political powerbrokers: Audrey Young profiles the advisers behind NZ First leader, Foreign Minister and Deputy PM Winston Peters.

Opinion: Act’s David Seymour has handed parents a steaming cup of harden-up as he makes the most of the limelight, writes Claire Trevett.

Opinion: Brace yourself - this week’s job loss headlines are just the beginning, writes Liam Dann.

Tax cuts: A new poll has found voters still want tax cuts, despite a wave of commentary calling for the Government to ditch or delay its tax package.

Health New Zealand: Health New Zealand chair Dame Karen Poutasi has resigned, leaving the board to seek its third chair in less than two years.

Quiz answer: Singapore, Thailand and the Philippines.

Audrey Young is the New Zealand Herald’s senior political correspondent. She was named Political Journalist of the Year at the Voyager Media Awards in 2023, 2020 and 2018.

For more political news and views, listen to On the Tiles, the Herald’s politics podcast.