Waitangi Tribunal evidence brief (WAI2915): explaining and responding to causes of Māori disparities in the child protection system

Abstract

This invited brief responds to the three inquiry questions: (a) Why has there been such a significant and consistent disparity between the number of tamariki Māori and non- Māori children being taken into state care under the auspices of Oranga Tamariki and its predecessors? (b) To what extent will the legislative policy and practice changes introduced since 2017, and currently being implemented, change this disparity for the better? (c) What (if any) additional changes to Crown legislation, policy or practice might be required in order to secure outcomes consistent with Te Tiriti/the Treaty and its principles?

In response to these questions, our brief describes and explains disparities and their intersectional nature; discusses the interaction of risk and multiple bias types; comments on if the 2017 changes will be sufficient to address them; and explains how one iwi-Oranga Tamariki partnership is currently operating. Suggestions to improve devolution and procedural fairness in decision-making are discussed.