Chhour was summonsed to answer questions and give evidence during the tribunal’s inquiry into the Government’s plans to remove section 7AA of the Oranga Tamariki Act.
This section required Oranga Tamariki to consider its Treaty obligations and take into account the whakapapa of Māori children in its care.
Prime Minister Christopher Luxon told Newstalk ZB’s Mike Hosking Breakfast this morning that the Government was working through the finding and would take advice on whether to appeal it.
“The substantive issue here is we are very united and strongly aligned around the fact that we don’t believe that section 7AA is the right thing. We think the primacy of a child is important over and above their cultural needs,” Luxon said.
Act leader David Seymour said today he respected the court and its findings, but could not comment directly on whether they would seek to appeal the decision.
Act leader David Seymour said he respects the court and its findings. Photo / Marty Melville
“You have to know what are the likelihood of success, what would be the points that you’d appeal on. I’m not engaged with that level of legal detail so I couldn’t really give you a good answer.”
Seymour said the Waitangi Tribunal had “almost set itself up as a kind of House of Lords instead of helping heal some of the grievances of our past”, such as iwi settlements.
“Ultimately, there is a serious question of what is the purpose of the Waitangi Tribunal once every hapū in New Zealand has settled. I think that question needs to be openly debated.”
Although the Waitangi Tribunal’s inquiry has ended and it has released its report, lawyer Graeme Edgeler said the Court of Appeal’s decision is important because provided a case law and set a precedent for future cases.
“The Court of Appeal decisions shows [a] future Commission of Inquiry (such as the Waitangi Tribunal) have the powers to summons ministers.”
Edgeler said this case was the first about summoning ministers as, in the past, ministers who had been asked to appear before the tribunal or Commissions of Inquiry had always agreed.
The Waitangi Tribunal’s report, released last week, found the proposed repeal would cause harm to vulnerable children and that there were clear breaches of the Treaty of Waitangi.
The tribunal said there were clear breaches of the guarantee to Māori of self-determination and the Treaty principles of partnership and active protection. It also found prejudice would arise from the rushed and arbitrary repeal of the section of the act.
Chhour had said the repeal of 7AA “has no effect on the need for Oranga Tamariki to keep children in state care safe”.
Children's Minister Karen Chhour. Photo / Mark Mitchell
“The repeal of section 7AA does not prevent the consideration of the cultural wellbeing of children in state care, and existing partnerships between Oranga Tamariki and iwi and Māori organisations will continue.”
The bill repealing Section 7AA of the Oranga Tamariki Act 1989 was introduced to the House yesterday. Labour described it as “callous” and urged the National Party to stop it.
“The Government’s refusal to heed the tribunal’s warning and instead lunge head-first into repealing Section 7AA may mean harmful ramifications for Māori children,” said Labour’s acting spokeswoman for children, Carmel Sepuloni.
“National need to do the right thing and step in to stop the repeal of Section 7AA. They cannot allow Act to continue running rampant and belittling both the mana of the Waitangi Tribunal and the rights of tamariki Māori [Māori children].”
